Nashville Family Law and Protection Orders Attorney
Our Skilled Restraining Order Lawyers Are Here to Assist You in Chatham, Davidson County, Montgomery County, Sumner County, Robertson County, Williamson County, Wilson County, and Throughout Middle Tennessee
In Tennessee, an Order of Protection is a way for the victims of certain types of abuse to leverage the law to protect themselves from their abusers without directly engaging with the criminal courts and/or pursuing criminal proceedings against the abuser. An order of protection is sometimes used interchangeably with a restraining order, but there are subtle differences between the two. Regardless of these differences, restraining orders and protection orders can be effective, but obtaining them requires the expertise of skilled restraining order lawyers. If you are the victim of abuse or feel you could better protect yourself from abuse or victimization with a restraining order, contact our Nashville family law and protection orders attorney today.
Table of Contents
- A Walkthrough of Protection Orders with Our Dedicated Nashville Family Law and Protection Orders Attorney
- Restraining Order Lawyers Can Help Protect You and Your Best Interests
- Securing the Benefits of Extended Protection with Brighter Day Law’s Nashville Family Law and Protection Orders Attorney
- Experienced Restraining Order Lawyers Will Build a Solid Case to Protect You
- Contact Our Nashville Family Law and Protection Orders Attorney Today
- Frequently Asked Questions
A Walkthrough of Protection Orders with Our Dedicated Nashville Family Law and Protection Orders Attorney
Protection orders are enforceable and legally binding court orders. They are issued by civil courts; this makes them different from restraining orders, which are issued by criminal courts. You can file for a protection order to quickly obtain civil legal protection from a variety of abuse types, usually domestic violence. However, the eligibility for orders of protection can be restricted.
In general, orders of protection are restricted to the victims of domestic abuse, sexual assault, and stalking. Furthermore, there are two types of orders of protection that can be issued in Tennessee. These are temporary and extended protection orders.
Obtaining a temporary protection order is the first step to take if you are a victim of domestic abuse/domestic violence, sexual assault, or stalking. This type of protection order is generally granted if and when a judge determines that the victim faces an immediate danger of harm or abuse. They can be granted without intimating the abuser of the order or calling the abuser to court. These orders last for only 15 days, though, or until a hearing can be held to determine whether an extended protection order is warranted.
In many cases, restraining order lawyers request extended protection orders in the same filing as the request for temporary protection orders.
Restraining Order Lawyers Can Help Protect You and Your Best Interests
If you are granted a temporary order of protection, your abuser will be required to:
- Desist from the actions, conduct, or threats they were committing;
- Cease all forms of communication with the victim;
- Keep away from the victim;
- Leave any cohabitation arrangements they may have with the victim until a hearing is held.
Securing the Benefits of Extended Protection with Brighter Day Law’s Nashville Family Law and Protection Orders Attorney
Extended orders of protection can be obtained once a formal court hearing is held. In this hearing, both parties appear and put forth their case. Extended orders of protection last up to 12 months but can be extended by having another hearing.
Extended protection orders provide the same benefits as temporary protection orders, but they also come with additional safeguards and benefits, which include:
- Possession of a shared home;
- Suitable housing provided by the defendant;
- Temporary custody or visitation rights of minor children;
- Financial support for the victim if the parties are married;
- Mandating counseling for the defendant.
Experienced Restraining Order Lawyers Will Build a Solid Case to Protect You
Depending on the type of abuse in question, the victims of domestic abuse, sexual assault, and/or stalking must build a case for an order of protection or restraining order based on the specific legal definitions and requirements that apply to each type of abuse. We briefly outline these requirements below.
Tennessee’s legal code defines domestic abuse victims in terms of their relationship with the abuser. As such, domestic abuse victims include those who are current or former spouses, people who live or lived together, are dating or dated, have or had a sexual relationship, are related either by blood or adoption, or are or were related by marriage.
These individuals can file for orders of protection based on domestic abuse if they experienced physical or attempted abuse or threats, confinement, physical restraint, and/or the intentional or malicious destruction of their property.
A victim of sexual assault does not have to have a specific relationship with their abuser (which is a requirement for domestic abuse). Instead, the Tennessee legal code defines sexual assault victims as anyone who experienced, was threatened with, or was made fearful of any form of sexual abuse, which includes rape and sexual battery.
As per the Tennessee legal code, stalking occurs when a defendant repeatedly and intentionally harasses a victim, leading to terrorization, fright, and/or intimidation. Examples of stalking and harassment include following the victim, approaching and confronting them either publicly or privately, repeatedly initiating unwanted contact with the victim, showing up at their home or place of business, or harassing the victim by, for example, throwing trash on their property.
Contact Our Nashville Family Law and Protection Orders Attorney Today
Stalking, harassment, abuse, and violence – including the threat of violence – are serious matters. Contact our restraining orders lawyer today for assistance in obtaining temporary or extended protection orders or restraining orders to help protect yourself from an abuser.
Frequently Asked Questions
Orders of protection are legally binding and enforceable. Violating them can lead to severe consequences, and doing so can lead to an immediate arrest, even without a warrant, imprisonment, and/or fines.
Personal statements, call logs, pictures, video, eyewitness testimony, and other forms of evidence can all be used to build a case for orders of protection. Furthermore, temporary protection orders typically require less evidence than extended protection orders. Also, in some cases, a judge may use the “preponderance of evidence” standard when deciding your case. This means the judge will consider whether the alleged acts of abuse are more likely than not to have occurred. If, after hearing the victim’s testimony, the judge believes that physical or emotional abuse did occur and there is no good explanation from the abuser, then a restraining order can still be granted.