Restraining Orders in Tennessee

What is a restraining order?

In Tennessee, a restraining order, also known as an order of protection, is legal documentation that is issued by a court to protect individuals from harassment, domestic abuse, stalking, and many other forms of violence. The order outlines specific rules and prohibitions that the respondent, the person against whom the order is filed, must follow to avoid further contact with the petitioner, the person seeking protection.).Who can qualify to file a restraining order?

In Tennessee, individuals who have been victims of domestic abuse, stalking, sexual assault, or threats of violence may qualify to file a restraining order. This includes spouses or former spouses, individuals who share a child in common, romantic partners, household members, and even certain non-family members who have experienced harassment or stalking. Types of Orders In Tennessee, there are two main types of orders of protection:

1. Ex Parte Order: This is a temporary order issued without a full hearing, typically based solely on the petitioner’s sworn statement or affidavit alleging imminent danger. Ex-parte orders provide immediate protection to the petitioner and may last until a full hearing can be held.2. Final Order: A final order of protection is issued after a hearing where both parties have the opportunity to present evidence and testimony. If the judge finds sufficient evidence of harassment, abuse, or threat, they may grant a final order of protection, which can last for up to one year and may be extended under certain circumstances. How do you file one in Tennessee?
2. Complete the Necessary Forms: Obtain the required forms for filing an order of protection from your local courthouse or online through the Tennessee court system’s website. Fill out the forms carefully, providing detailed information about the incidents of abuse, harassment, or threats you have experienced.
3. File the Forms: Once completed, file the forms with the clerk of the court in the county where you reside or where the abuse occurred. There may be filing fees associated with submitting the paperwork, but fee waivers are available for those who qualify.
4. Review by the Judge: After filing, a judge will review your petition and may issue an ex parte order if immediate danger is indicated. If granted, a hearing will be scheduled within a few days to determine whether a final order should be issued.
5. Attend the Hearing: If a hearing is scheduled, make sure to attend and present your case before the judge. Be prepared to provide testimony, evidence, and any witnesses who can support your claims of abuse or threat.
6. Obtain the Order: If the judge grants your request for a final order of protection, you will receive a copy from the court. Keep this document with you at all times and provide copies to local law enforcement agencies as needed. If you or someone you know requires a protective order, it is important to act quickly and seek legal assistance. At King Law Offices, we understand the sensitive and urgent nature of these situations and are here to help. Our experienced attorneys can guide you through the process of filing a protective order or defending against one. We are committed to protecting the safety and well-being of our clients and their families. Contact King Law Offices today at (888)-748-KING (5464) for a consultation.