If you are experiencing domestic abuse, stalking, or sexual assault, an order of protection may help safeguard you from the perpetrator. Tennessee law allows individuals to ask the court for legal restrictions on another person’s conduct, including prohibiting contact or legally requiring the person to stay away. Understanding how to obtain an order of protection in Tennessee can help you take steps toward protecting your safety.
If you are currently in fear, continue reading about how to get an order of protection in Tennessee and always consult with a Tennessee order of protection attorney.
What is an Order of Protection in Tennessee?
An Order of Protection is a court order designed to prevent further abuse, violence, stalking, or sexual assault. Depending on the circumstances, it may restrain the other person from contacting you and approaching your home or workplace. Violating an order can result in arrest and criminal penalties.
You may qualify for protection based on domestic abuse involving a qualifying family or intimate relationship. Victims of stalking or sexual assault may also seek protection regardless of their relationship with the alleged offender. Evidence may include threatening messages, photographs, police reports, and witness testimony.
Orders of protection do not automatically change custody arrangements. Always consult legal advice for issues involving minor children.
How to Obtain and Order of Protection in Tennessee
Protective orders are not uncommon in domestic violence or divorce cases. There are certain steps to obtain a protection order under Tennessee law. It is best to collaborate with an attorney to make sure you are complying with the requirements.
1. File a petition in court.
The process begins by filing a sworn Petition for an Order of Protection. Generally, you file in the county where the respondent lives or where the alleged abuse or assault occurred. The petition should describe the kind of conduct that caused you to seek protection, including relevant incidents, dates, threats, and safety concerns. You can also request specific restrictions, such as no contact or requiring the respondent to stay away from your home or workplace.
2. Request emergency protection if necessary
If the court finds good cause to believe you face an immediate and present danger, a judge may issue a temporary, or ex parte, order without first hearing from the other person. This provides protection while the case proceeds to a hearing. An emergency order is not automatic; the court must find that the legal requirements are met.
3. Service of Process
The respondent must receive formal notice of the petition, along with any temporary order. Proper service of process is required because it gives the respondent notice and an opportunity to respond.
4. Attend the court hearing.
A hearing for an Order of Protection must take place within 15 days after service of an ex parte order. Both parties can present evidence and testimony. The judge decides whether the allegations have been proven by a preponderance of the evidence, a standard meaning they are more likely to be true than not. If satisfied, the judge may issue a final order specifying the protections and restraints.
How Long Can an Order of Protection Last?
Under Tennessee law, a final protection order generally lasts for a specific period of up to one year. The court may extend it for additional periods when the legal requirements are met. If the respondent violates the order, the court may extend it for up to five years; a second or subsequent violation can allow an extension of up to ten years.
Get Legal Help with a Tennessee Order of Protection
If you or loved one’s safety is at risk, there is nothing more important than security and peace of mind. If you fear for your safety, do not wait to seek help! Taking steps to protect yourself and your loved ones is a priority.
An experienced Tennessee attorney from J. Ryan Johnson Law can explain your legal options and help you pursue an Order of Protection. A family law firm based in Nashville, we help clients across Tennessee to take appropriate legal action for their well-being. Contact us today to schedule a consultation and learn how to secure the legal protection you need.
