In Tennessee, individuals facing domestic abuse, stalking, harassment, sexual assault, or human trafficking may seek an Order of Protection. An Order of Protection is a legal remedy entered by the courts that seeks to safeguard victims and prevent further abusive situations. Generally, eligibility is limited to victims of
- domestic abuse,
- sexual assault, or
- stalking or harassment.
An Order of Protection will typically be issued for up to one year; however, it can be extended if there are violations of the order once entered or if there is a proper showing of a continued need for the order.
Grounds for an Order of Protection Domestic Abuse: For an Order of Protection on grounds of domestic abuse, a petitioner must have a relationship with the respondent. This can range from current or former spouses, those that have lived together, had sexual relationships, are related by blood, adoption, or marriage, or the child of a person who satisfies one of the above criteria. Once the relationship is established, abuse, according to TCA § 36-3-601, can include physical injury or attempts at such, placing someone in fear, property damage, or financial abuse.
Sexual Assault: For the grounds of sexual assault, the petitioner need not have a relationship with the respondent. Tenn. Code Ann. § 36-3-601 defines a victim of sexual assault as any person who has been subjected to, threatened with, or placed in fear of rape or sexual battery.
Stalking or Harassment: For the grounds of stalking or harassment, the victim must demonstrate that the respondent has made two or more separate unwanted acts or attempts at contact that have caused the victim to be placed in fear. The petitioner does not need to have a relationship with the respondent.
The Process for an Order of Protection 1. Fill out a Petition for an Order of ProtectionTo begin, a petitioner must fill out a petition for an Order of Protection. The petition will typically ask for contact information for the Respondent (the person the order is sought against) and an explanation of why an order is needed. Petitions are available online or can be obtained at the local courthouse. Once the petition is completed, it must be filed with the local Civil Clerk of Court. A judge will review the petition to decide whether to issue a temporary ex parte Order of Protection. The Clerk’s Office will notify the parties if a temporary order is issued.
Attend the Hearing Once the petition is filed, it will be served to the respondent. After this occurs, a hearing will be set. At this hearing, a judge will hear the case for why the petitioner needs an Order of Protection, and the respondent will have the opportunity to defend themselves. The hearing is restricted to the matters in the petition and all evidence supporting or rebutting the claims in the petition should be presented at this time. 3. The Judge’s Order After the hearing, the judge will either grant or deny the Order of Protection. An Order of Protection usually forbids the respondent from contacting the petitioner but also may include other provisions regarding permitted contact at the discretion of the judge based on the relevant circumstances. If an Order of Protection is granted, the respondent will have to dispossess themselves of firearms. The judge’s order is legally binding, and if the respondent violates it, they may face legal consequences. These can include immediate arrest, imprisonment for ten (10) days per violation, and a monetary fine.
Contact the Experienced Attorneys at King Law Whether you are seeking or have been served with an Order of Protection, navigating Tennessee court procedures can be both confusing and intimidating. Working with a knowledgeable lawyer will ensure that you follow the correct steps and fulfill the requirements. At King Law, our experienced attorneys understand how to best advocate for you and your interests. Our goal is to help you through this process, listen to your concerns, and get the best possible outcome for you. Contact King Law at 888- 748-KING (5464) for a consultation. We have offices located across eastern Tennessee, western North Carolina, and upstate South Carolina. We are here to serve and guide you as we navigate this journey together.