Tennessee Order of Protection Attorney
An order of protection is a legal tool that’s signed by a judge and imposes serious legal consequences in response to domestic abuse or stalking. If someone has filed a protection order against you, it’s important to take the matter seriously, which includes protecting your legal rights from the outset. While your case is unique to the specific circumstances involved, the most important first step that anyone in your situation can take is to consult with an experienced Tennessee order of protection attorney as soon as it’s possible to do so.
The Order of Protection
Orders of protection, which some people refer to as restraining orders, are legal orders that prohibit someone from contacting or going near the person seeking protection. They’re intended to protect victims of domestic abuse, sexual assault, and stalking.
Ex Parte Order of Protection
When the person seeking protection requires immediate relief, they can petition the court for an ex parte order of protection if they can show good cause, which translates to an immediate and present risk of abuse. The kinds of factors that are likely to support an ex parte order of protection include all the following:
- Injuries sustained by the petitioner
- A history of violence, criminal history, history of mental illness, or substance abuse on the part of the accused
- The accused person’s overall pattern of conduct, including all threats and attacks against the petitioner
At an ex parte protection order hearing, the accused needn’t be present. These orders last only 15 days from the date of service, and during this time, a hearing must be scheduled to determine whether a temporary order of protection will be granted.
Temporary Orders of Protection
If – at the temporary order hearing – the petitioner proves their claim of domestic violence, sexual assault, or stalking by the preponderance of the evidence, which means it’s more likely than not, a temporary order of protection will be ordered. These orders are set for a specific period of time that won’t exceed a year.
When the Charge Is Domestic Abuse
The charge of domestic abuse applies when the petitioner has suffered abuse, been threatened with abuse, or caused to fear abuse at the hand of any of the following:
- Someone who is a current or past romantic partner or spouse
- Someone who is related by blood or adoption
- Someone who is currently related by marriage – or who was in the past
The domestic violence itself can take any of the following forms:
- Intentionally inflicting or attempting to inflict physical injury on the other person
- Causing the other person to credibly fear being physically harmed or physically restrained
- Damaging the other person’s property
- Intentionally engaging in practices that amount to financial abuse of the other person
Turn to an Experienced Tennessee Order of Protection Attorney for the Help You Need
Josh Crain at The Law Offices of Joshua T. Crain is a formidable Tennessee order of protection attorney with more than 20 years of experience who appreciates the challenging position you find yourself in and has the legal savvy to help protect your rights and your future. Learn more by contacting us online or calling us at 615-697-6178 today.