Orders of Protection
In Tennessee, Orders of Protection are civil actions that provide victims of abuse with protection from their abusers outside of the context of the criminal courts. While effective, eligibility for an Order of Protection is limited. You can only obtain one if you are a victim of:
- Domestic Abuse
- Sexual Assault
- Stalking
There are two types of orders that exist in Tennessee:
- Ex Parte Orders
- Temporary Orders
An Ex Parte Order of Protection can be pursued by the victim when he or she is seeking immediate protection. The court will grant an Ex Parte Order if an immediate and present danger of abuse to the Petitioner is present. If granted, an Ex Parte Orders of Protection will only last fifteen (15) days. A hearing will then be held within those fifteen (15) days in order to determine if a temporary order should be issued. If an Ex Parte Order is not issued, then a hearing will still be had in order to determine if a temporary order should be issued.
A Temporary Order is an order that is issued for a period of time, not to exceed one (1) year. If the Petitioner proves the allegation(s) of domestic abuse, stalking or sexual assault by a preponderance of the evidence, the court will grant the petition. Violations of an order of protection can yield severe punishments. Immediate arrest, imprisonment for ten (10) days; and/or a fine are possible for either party who in violations.
Our team has experience and is always ready to help protect you in any way that we can. If you are in need of protection or had an order filed against you, please contact Eke Law Firm today!
