Nashville Order of Protection Lawyer

An order of protection is a limited restraining order that prohibits an aggressor from any form of contact with an abuse victim. It is a court order that is requested in domestic abuse, sexual assault, and stalking cases. An Order of Protection comes with dire consequences and potentially jail time if the defendant violates the order.

If you are facing a personal restraining order or need protection against someone, Attorneys Ben Raybin and David L. Raybin at Raybin & Weissman, P.C., are available to answer any questions you may have.

Who Should Apply for an Order of Protection?

A person may seek an order of protection due to abuse, threats of abuse, or stalking. An order of protection based on stalking or certain sexual offenses can be obtained against anyone, but if it is for abuse or a threat of abuse, there must be a qualifying relationship between the people.

To acquire an Order of Protection, you must file the appropriate court forms in the county where the abuse took place or where the abuser resides. In Davidson County, you must apply for the Order at the Night Court.

Qualifying Relationships

In accordance with Tennessee Code § 36-3-601, any of the following persons can petition the court to issue an order of protection:

• Former or current spouses
• Anyone who lived together or currently lives together
• Persons who dated each other or are currently dating each other
• Persons who have had a sexual relationship or currently have a sexual relationship or
• Persons that you are related by blood or adoption

Is a Relationship Required to Apply for an Order of Protection?

If someone is a sexual assault victim, none of the above-mentioned relationships are required for the individual to apply for an order of protection. However, the petitioner must have been threatened or subjected to one of the following:

• Aggravated Rape
• Rape
• Statutory Rape
• Rape of a Child
• Aggravated Sexual Battery
• Sexual Battery or
• Sexual Battery by an Authority Figure

Ex Parte Orders Versus Extended Orders of Protection

Tennessee recognizes two types of Orders of Protection:

Ex Parte Order of Protection

Also known as a temporary order, an ex parte order of protection can be issued immediately without the other person present. A judge can issue an ex parte order of protection solely upon a victim’s testimony that a person is in immediate danger of harm.

An ex parte order of protection will be in effect once the other person has been served or has actual knowledge of the order. An ex parte order of protection only lasts for 15 days or until a protection order hearing is scheduled.

Extended Protection Order

At your protection order hearing, a judge will determine if an extended protection order (EPO) should be granted. An EPO only lasts for one year, but the court can rule to extend the order. If the order has effectively stopped abuse between the aggressor and victim, the court will likely decide to extend the term.

Legal Consequences for Violating an Order of Protection

If an order of protection is granted against you, you will be barred from owning a firearm during the length of time the order is in effect. You could potentially lose custody or visitation rights with your children, robbing you of precious time as they grow up.

A violation of an order of protection is a class A misdemeanor. This is accompanied by 11 months, 29 days in prison, and a potential fine of $2,500.

Contact our Nashville Order of Protection Lawyer Today

Besides the legal repercussions a defendant faces, an order of protection can forever ruin a person’s good name. Whether you need an order of protection or have recently had an order granted against you, we are here to protect your rights. Contact the office today online or by calling 615-256-6666 to schedule your free consultation.