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New Texting Gun Would Catch Drivers Texting Behind the Wheel
Texting while driving is a threat to safety on the road that is growing more and more significant as more people think that they can get away with texting behind the wheel, according to the National Highway & Traffic Safety Administration NHTSA website distraction.gov. Texting behind the wheel causes more impairment than drinking and driving.…
Read MoreParental Relocation after Divorce in Tennessee — How to Do it Right
Sometimes after a divorce you want to shake off the drama and pain and make a fresh start in a new place. You might have received a promising job offer in another state that requires you to move more than 50 miles away from your ex-spouse or co-parent. Under Tennessee law, you must inform the…
Read MoreOctober is National Domestic Violence Awareness Month
The news has been inundated with stories regarding famous athletes, celebrities and politicians committing acts of domestic violence on their partners, spouses and children. There is no excuse for violence, but acts committed against loved ones seem especially heinous. In the hopes of spreading awareness about the horrific nature of domestic violence, we share with…
Read MoreWhat Does “Contempt of Court” Actually Mean?
If you watch police procedurals or legal-based TV shows, you’ve probably heard a judge say “You’re out of order, Counselor” (or something along those lines) and then fine the attorney or the client for being in “contempt.” As a general rule, however, these types of shows don’t get the nuances of legal proceedings right, so…
Read MoreTennessee Judge Declares Ban on Same-Sex Marriage Constitutional – and Does So through Divorce Ruling
The same-sex marriage ban has been hotly contested not only in Tennessee, but throughout the country. A recent court case brought the constitutionality of the law back into the spotlight when Judge Russell E. Simmons, Jr., of the Roane County Circuit, denied a same-sex couple’s right to get divorced. The couple was married in Iowa…
Read MoreModernizing the Parenting Plan
Are you divorced with children? There’s an app for that. Actually, there are several apps for that. While divorce can be a difficult time for a family, technology makes it a little more simple. Modern technology can help minimize conflict and make it easy to communicate ― critical concepts after a divorce involving children. Establishing…
Read More“Hands Across the Border” and the DUI Checkpoint
Tennessee took steps last month to pass the DUI Recidivism Act, which allows judges to assign mandatory drug and alcohol counseling and treatment for repeat offenders. But the newest campaign, “Hands Across the Border” (or “Hands Across Borders,” depending on who you ask) shows us a crackdown on DUIs that seems more in style with…
Read MoreSeparate Sovereignty and Double Jeopardy: Investigating Darren Wilson
You can’t turn on the news these days without hearing about Michael Brown, an unarmed teenager in Ferguson, MO who was killed by a police officer. The evidence is currently being presented to a grand jury in St. Louis, and we expect that this particular case will be taking up a lot more air time.…
Read MoreSpousal Support 101: Understanding Alimony in Solido
There are four categories of spousal support in Tennessee; alimony in solido, however, is a bit different from the rest of them. Often called “lump sum” alimony, this form of spousal support is the only one that: Can be paid all at once Can be paired in addition to other forms of alimony Does not…
Read MoreCustodial Interference vs. Denying Visitation Rights
A Tennessee woman made headlines in Arizona recently when she and her daughter were founded at a women’s shelter. The news stories claimed that the daughter was “reunited” with her father, and that he’s pressing charges of custodial interference. Custodial interference falls into the same part of the Tennessee Criminal Code as kidnapping, but they’re…
Read MoreFBI Errors May Have Gotten Some People Killed
In 2012, the FBI and Department of Justice launched a massive investigation into 2600 cases – including 45 death row convictions – stemming from the 1980s and 1990s. But after finding evidence of flawed forensic information in 160 cases, the FBI shut the review process down. The Washington Post reports that “According to the FBI,…
Read MoreHow Long Will My Divorce Take?
Once you’ve made the difficult decision to divorce, you may wonder just exactly how long the whole divorce process will take from start to finish. That is a good question, but one for which there is no uniform answer. Many different factors can speed up or slow down a divorce. Some of those factors are…
Read MoreImplied Consent and Breathalyzer Tests
When you are stopped for an alleged drunk driving charge, one of the first things the police officer asks you to do is to submit to a Breathalyzer (or Alco-Sensor) test. The question comes up constantly: Am I required to take the test, and what are the consequences of refusing? The short answer is no:…
Read MoreIn Tennessee, a DUI Requires a Motor Vehicle
In certain parts of the country, you can receive a DUI / DWI for operating any kind of vehicle – including a bicycle. In Tennessee, however, DUIs are exclusive to motorized vehicles. This includes: Riding a lawnmower Riding a motorcycle Riding a moped Driving a car or truck Riding a scooter Driving an ATV Driving…
Read MoreSupreme Court Rules Warrant Required to Search Cell Phones
On Wednesday, the Supreme Court ruled in favor of new privacy laws, requiring police officers and law enforcement officials to obtain a warrant before searching criminal suspects’ cell phones or other small electronic devices. The unanimous 9-0 vote of the justices ruled smart phones and other electronic devices are not in the same category as…
Read MoreTennessee Requires Ignition Interlock Devices for All DUI Offenders
In 2013, a drunk driver killed Tennessee Titans player Delanie Walker’s aunt and uncle. So, it’s no surprise that he was front and center at a press conference singing the praises of Tennessee’s new ignition interlock device law. The new Tennessee law that went into effect on July 1, 2013 allows DUI offenders a chance…
Read MoreSimple Assault v. Aggravated Assault
When the Tennessee Bureau of Investigation put together its last report, they discovered that 57% of all crimes in Tennessee are committed against property. Theft and fraud top the list, though vandalism and arson make appearances as well. But from an individual standpoint, there were more cases of assault and aggravated assault than any other…
Read MoreTelling Your Children You Are Getting a Divorce
The end of a marriage is always difficult, even when the two parties involved have come to a mutual agreement. For children, however, the news can lead to unexpected responses, so it is understandable that parents may feel nervous or reluctant to speak with them. When the time comes to tell your children, there are…
Read MoreWhen Frat-House Pranks and Toga Parties Go Horribly Wrong
Ah, college – a time for fun and freedom, with a little learning thrown in. For a lot of young men and women, college seems like a fun stop on the way to the “real” world of 9 to 5 jobs and utility bills. Whether you’re a UT Volunteer in Knoxville or a Blue Raider…
Read MoreTips for Successful Co-Parenting
When parents separate and divorce they remain connected through their children. Most parents retain a strong desire to remain active in the lives of their children even when the marriage ends. It is not always easy to co-parent with a former spouse, but doing so is in the best interest of your children. Here are…
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