When an order of protection is involved, questions about custody and visitation often become more complicated and stressful. Parents may be unsure how the order impacts their custodial rights or what the court allows moving forward. Having a clear understanding of how these orders work is essential for protecting both your safety and your child’s well-being. Always consult with a Tennessee family law attorney and continue reading to learn more about how protective order can affect child custody.
What are Orders of Protection?
An order of protection, or restraining order, is a court order that restricts a persons contact with another individual. These orders are often used in situations involving domestic violence, stalking, or other forms of abusive behavior. Once the order is granted, the respondent must follow specific restrictions, which may include avoiding contact, staying away from the petitioner’s home or workplace, changes in child custody, and refraining from any behavior that could be considered threatening. Violating the terms of a protection order can lead to arrest, criminal charges, and additional penalties.
Domestic violence can take many forms, including physical assault, intimidation, sexual abuse, stalking, child endangerment, or emotional manipulation. Although domestic abuse is sometimes hidden due to fear or shame, seeking an order of protection can offer immediate relief, help prevent future harm, and establish an important record of abuse.
How to Obtain an Order of Protection in Tennessee
In Tennessee, a person seeking protection must file a petition with the court. The petition must then be formally served on the accused individual. After service, the court is required to hold a hearing within fifteen days. In urgent situations, the court may issue a temporary order that takes effect immediately, providing protection until the hearing takes place.
At the hearing, the petitioner must demonstrate by a preponderance of the evidence that they were subjected to domestic abuse, stalking, sexual assault, exploitation, or trafficking. This legal standard means that the court must believe it is more likely than not that the abuse occurred. If the judge grants the petition, the order can remain in effect for up to one year. Victims who still fear for their safety near the expiration date should request an extension of the restraining order. Consult with the an experienced restraining order attorney right away if you need help with a restraining order.
How a Tennessee Protective Order Can Affect Child Custody
Protective Orders can certainly affect child custody and visitation arrangements. A lot depends on whether the protected party is the other co-parent or if the order of protection is issued on behalf of a child-victim. If a child is the protected victim and has a restraining order against a parent, then there will be no visitation with that parent for as long as the order remains in effect.
In situations where one parent has an order of protection against the other parent, the court may still allow the children to continue their normal custody or visitation schedule. Courts often focus on the child’s best interests, and it is typically in a child’s best interests to maintain a relationship with both parents. Therefore, if there is no reason to believe the child is at risk of abuse or harm, the parent subject to the order may still receive parenting time.
If a parent can show that their child’s physical, mental, or emotional health would be in danger when left alone with the other parent, the court may order supervised visitation or place limitations on parenting time. These restrictions are often temporary until the court determines that regular visitation can safely resume. When there is evidence of abuse or neglect, a parent should petition the court for a modification of custody.
Parents can also request that any parenting plan includes safe, neutral pick-up and drop-off locations such as police stations or other public areas to help ensure safety during exchanges. It also helps if neutral parties can help parents with important communication regarding the children so exchanges can happen without conflict.
Contact The Tennessee Family Lawyers at J. Ryan Johnson Law for Tennessee Order of Protections
If you are dealing with an order of protection, a custody dispute, or both, you don’t have to navigate these challenges alone. J. Ryan Johnson Law, based in Nashville, specializes in all aspects of family law and has extensive experience handling restraining orders, child custody, and parenting time concerns. Our experienced team can explain your rights, help you understand your options, and advocate for the best outcome for you and your child. Contact us today to schedule a consultation and get the support you need during this challenging time.
