An Order of Protect
ion is a civil action but it can have criminal repercussions if violated. Orders of Protection can be issued between those persons who have lived together, had sex, are related, had dated or other such close relationship. Orders of Protection can be issued when there is a real or immediate threat of harm to the complainant’s person or property.
Typical examples justifying the issuance of an Order of Protection are threats to burn the complainant’s car, threats of physical violence – especially when there is a history of domestic violence, actual physical violence, and threats against the complainant’s children and or pets.
Orders of Protection may be issued in one of two ways. First, the complainant (the Petitioner), completes a form requesting an Order of Protection and submits it under oath to the magistrate. If the magistrate finds probable cause, an ex parte Temporary Order of Protection is issued. This temporary order lasts usually for no more than fifteen days. The order becomes effective when the other party (the Respondent) is notified of the order by the Sheriff’s Office. During this time, the Respondent must not contact the Petitioner either directly or indirectly through others and must stay away from the Petitioner. If the parties were sharing a home, the Respondent may contact the police department to arrange for a time to collect her or his personal belongings from the home. A formal hearing is scheduled and both parties may attend to present their side of what occurred between the parties. A judge then decides to extend the Order of Protection or to dismiss it.
If at any time while the Order of Protection is in effect and is violated by the Respondent, the Respondent is subject to immediate arrest.
An Order of Protection may also be issued when both parties appear before a judge or magistrate. For non-married parties, this starts at the General Sessions Court level. This is typically to establish whether by preponderance of the evidence the Petitioner can prove that the Respondent has done something that would merit the issuance of the Order of Protection.
If you believe you need an Order of Protection, please do not hesitate to act. Your safety is paramount.
The Rushton Law Firm, PLLC offers both Orders of Protection prosecution and defense services. Please contact us today to learn more about our services and how we can assist you in prosecuting an Order of Protection or defending yourself from a wrongfully issued Order of Protection.
To view an Order of Protection application, please click this link.
https://www.tncourts.gov/programs/self-help-center/forms/order-protection-forms

If you are contemplating a divorce in Tennessee or already in the process, the road may be a rough one appearing to be filled with perilous pitfalls. Every divorce situation is different and many are quickly and amicably resolved. These are typically referred to as “uncontested divorces.” Sometimes things work out well and everyone leaves the marriage satisfied that they have worked things out amicably. However, some divorces are riddled with animosity, feuding and strife from day one. This is something that is very difficult to predict because of the nature of divorce. Many times an “uncontested” divorce quickly becomes contested and the parties find themselves in a living nightmare!
Last month, an Ohio Court awarded Jennifer Kershaw $1,580,000 in compensatory damages and $20 million for punitive damages. The Defendant was her former spouse, Jerry Bailey. The lawsuit was over physical injuries she received from being punched in the face repeatedly by Mr. Bailey while the two were still married. Mr. Bailey was fined $100, sentenced to two years probation, and served a mere two days in jail after a conviction of misdemeanor domestic violence for his then wife’s broken facial bones. Two days in jail. $100. Probation. Case over? Not yet.
As an attorney, I guide my clients not to publish their “moving on” moments on facebook or other social media and just keep it off social media period. Maybe your spouse may feel jealous of your latest loves after seeing you online going out night after night in downtown Nashville. Maybe not. But, your shared moments are well-documenting what the court would likely see as Inappropriate Marital Conduct – which is grounds for divorce in Tennessee. In other words, you are building a substantial case against yourself, selfie by selfie, all without your spouse or his/her attorney lifting a finger, other than saving the pictures to be used at trial. And, even if you delete content in a dramatic effort to clean up your social media history, it is still discoverable. Even deleted, once posted, it never actually goes away. People have long memories. The internet’s is longer, as in forever.
A Clerk of Court in Pennsylvania recently had signs posted in the court room indicating that pajamas are not appropriate court attire. Really! Pajamas! You would think that would be obvious “what not to wear” but clearly, in that courtroom, it had happened one too many times.
If you are already have an attorney, contact her first and let her know you’ve been served. She will need the subpoena to evaluate it and your next steps. Time may be of the essence, so deliver it promptly to your lawyer.