Domestic violence can place victims and their families in immediate danger, often leaving them feeling powerless or unsure where to turn. In Tennessee, the law provides a legal tool: the Order of Protection, commonly referred to as a restraining order. Understanding how these protective orders work, who qualifies is essential for anyone seeking safety from an abusive spouse or partner.
If you are currently in fear and are thinking about a getting a restraining order against a spouse or partner, remember that there is help available for you, and always consult with a Tennessee family law attorney.
What is an Order of Protection?
An Order of Protection is a court-issued order that limits or prohibits contact between an alleged abuser and alleged victim. In Tennessee, these orders are commonly used in cases involving domestic abuse, sexual assault, stalking, or harassment. Once issued, the order will require the restrained individual to stay certain amount of space away from the petitioner, avoid specific locations such as a home, or workplace, and refrain from communication.
Protective orders are fully enforceable by law enforcement. This means that any form of violation can result in immediate arrest, criminal charges, and further legal consequences against the abuser. Beyond providing physical safety and peace of mind for the victim, restraining orders also create an official legal record of abuse, which can be an important piece of evidence in future legal proceedings, such as a divorce case.
Domestic Abuse in Tennessee
Domestic violence under Tennessee law extends far beyond physical injury. Abusive conduct may also include assault, threats of harm, intimidation, sexual abuse, stalking, harassment, or behavior that endangers a child. Emotional abuse and repeated threats can also support a request for protection when they rise to the level where a victim is in fear or danger.
Importantly, victims do not need to wait until violence escalates or actual harm occurs. If conduct causes reasonable fear of harm, the court may determine that protection is necessary in order to prevent abuse. As abuse often occurs behind closed doors, courts may consider a wide range of evidence, including testimony, text messages, photos, police reports, and witness statements to validate claims that would require an order of protection. Consult with the an experienced restraining order attorney right away if you are considering filing a restraining order.
How to Obtain an Order of Protection in Tennessee
In Tennessee, the victim must file a Petition for an Order of Protection in the appropriate Tennessee court. This filing identifies the abusive conduct and identifies the person from whom protection is being sought. The petition must be formally served on the accused individual, known as the respondent.
If the court believes there is an immediate threat, it may issue a temporary order of protection the same day the petition is filed. This temporary order goes into effect immediately and remains valid until a court hearing is held, which will occur within fifteen days. A temporary order provides short-term, emergency protection and is often granted without the respondent present.
At the hearing, both sides have the opportunity to present evidence. If the judge grants the order, it may remain in effect for up to one year and can be extended if safety concerns continue. Final orders have stronger and longer-lasting legal consequences and may include additional conditions such as counseling requirements. Protective orders can affect child custody and visitation. If a child is named as a protected victim, the restrained parent might have no visitation for the duration of the restraining order. When one parent has an order of protection against the other, Tennessee courts prioritize the child’s best interests and parenting plans or custody could be modified.
Contact J. Ryan Johnson Law for Tennessee Restraining Order Help
When a spouse or partner becomes abusive, getting a restraining order may be necessary to protect yourself. In Tennessee, victims of domestic violence have the right to seek a restraining order, known as an Order of Protection, to stop further abuse and create immediate legal safeguards.
While deciding to pursue a protective order can feel overwhelming, an experienced Tennessee family attorney from J. Ryan Johnson Law can help ensure you are safe. Our legal team can make sure petitions are properly prepared, evidence is effectively presented, and your rights and your children’s safety are fully protected throughout the process. Contact us today to schedule a consultation and get the legal protection you need.
