Does an Order of Protection Stay on Your Record in Tennessee?
An order of protection is a court order that may be filed against you in domestic violence, abuse, or sexual assault cases. The order of protection can be obtained by someone who alleges that you hit or threatened to cause them physical harm. This person may or may not have a domestic relationship with you.
Temporary orders are initially issued, allowing law enforcement to arrest you without a warrant if you are found to be in violation of the conditions. Even if the case is later dismissed, an order of protection can remain on your record without further action, causing long-term implications.
Our Nashville domestic violence lawyers are here to discuss everything you need to know about orders of protection and what impacts a protection order can have on your life.
Who Can Request an Order of Protection?
An order of protection can be requested by any of the following persons:
- Former or current spouse
- Your child’s other parent
- Someone you lived with
- Someone you are related to by blood, marriage, or adoption
- Former or current partner
- Someone who stalked you or someone who raped or has threatened to rape you
The Order of Protection is designed to protect the victim from abuse, threats of abuse or sexual assault, and stalking.
Types of Orders of Protection in Tennessee
Tennessee recognizes two types of protection orders:
- Temporary protection order (TPO): A TPO can be acquired by the victim by filing a petition with the court clerk’s office. A TPO will only last for 15 days or until your protection order hearing is scheduled.
- Extended protection order (EPO): At your protection order hearing, a judge will determine if an EPO should be issued, given the circumstances. An EPO only lasts for up to one year, and the victim needs to file another petition with the court to have that timeline extended.
When Does the Court Issue an Order of Protection?
The court will only issue an order of protection when there is good cause. This requires a finding by a preponderance of evidence of abuse, threats of abuse, or stalking. The petitioner must also establish they were reasonably in fear when they requested the order.
Orders of Protection and Background Checks
Besides revealing where you lived in the past, a background check details your education, past workplaces, and your criminal history. This will include any arrests, charges, incarcerations, arrest warrants, and court orders.
An order of protection will remain on your record indefinitely, and it can make it more difficult to find suitable housing or secure a job. That is why it is crucial to contact a domestic violence lawyer if you believe that a protection order may be filed against you.
Removal of an Order of Protection from your Background Check
If the request for an order of protection is dismissed in court, you are entitled to have the matter expunged from your record. However, this is not automatic. You or your attorney must file a motion and have the judge approve the request.
Contact a Nashville Domestic Violence Lawyer Today
An order of protection can have a large impact on your future prospects. With background checks being so heavily relied upon, a protection order may make it difficult to advance in your career or to live where you would like.
Whether you have been served an order of protection or have one on your record, we want to hear from you. Contact Raybin & Weissman today to schedule your free consultation to learn more.