Orders of Protection: Frequently Asked Questions
What is an order of Protection?
An Order of Protection is a limited form of a restraining order available only for Domestic Abuse victims described in Tennessee Code Annotated 36-3-601.
In Davidson County, a petitioner applies for such an order at the Night Court. If you wish to obtain a restraining order against someone and you are not a domestic abuse victim defined below, you should contact our office.
Who is considered a Domestic Abuse Victim?
An adult or minor that has been abused by one of the following persons: a current or former spouse; a person who they live together with or have lived together; dated or have had a sexual relationship, a person related by blood or adoption or formerly related by blood or marriage; or an adult or minor child of a person in a relationship that is described above.
When should you apply for an order of protection?
If you meet the definition of a domestic abuse victim described above and the abuse involved the infliction or attempted infliction of physical injury to you or your animal, placed you in fear of physical restraint, placed you in fear of physical harm to you or your animal, or placed you in fear of malicious damage to your personal property.
Where can the order be issued?
The petitioner must apply for an order of protection where the offense occurred or where the offender lives.
If false allegations are brought against me, but I don’t care to see the person again anyway, do I still need to fight the order of protection?
You certainly should. You should contact an attorney immediately since if you fail to contest a petition for an order of protection then the order of protection will be issued against you for one year. During this year, if such person alleges that you have any contact with them then the court could find you guilty of a criminal offense for violating the order of protection and sentence you to 30 days in jail During the one year period of the order of protection, you are further prohibited from possessing a firearm due to a federal law. One can imagine that if an individual could falsify allegations in order to obtain an order of protection then they could certainly fabricate further allegations that could lead to jail time and a permanent conviction for violation of such order.
What should I do if I am involved in an Order of Protection?
Our firm routinely handles such cases and we would be pleased to discuss your case with you. The following lawyers in this firm deal with Orders of Protection: