Orders of Protection
Domestic assault is an assault against someone such as a current or former spouse, parent, child, member of the household or other relation. Victims in Tennessee have access to a legal remedy through an order of protection. The goal of this remedy is to restrain the offender to prevent further violence.
Orders of protection can be a powerful tool to protect a victim of domestic assault, but managing the legal process can be a challenge when facing these matters. The attorneys at Fort, Holloway, & Rogers, LLC can handle these proceedings to support peace of mind.
How Franklin, TN, Orders of Protection Work
A judge will issue an order of protection when the petitioner presents sufficient evidence of the threat of domestic violence by the respondent. While order of protection is sometimes used interchangeably with filing a restraining order, protection orders are a more specific type of restraining order and are a different type of legal remedy. These orders are designed to safeguard a victim from a family member or partner who has enacted violence against them.
Details vary on a case-by-case basis, but orders of protection typically include the following conditions:
- Prohibiting communication and contact with the victim
- Ordering a person to stay away from the victim, which may mean leaving the residence they share
- Forbidding the respondent from accessing children
You can request a temporary order of protection on an emergency basis without providing notice to the respondent, which is normally required. Temporary orders of protection last for a minimum of 15 days, or until the full hearing for the extended protection order occurs. At this hearing, the respondent will have the opportunity to defend the allegations. If an extended protection order is issued by the court, it lasts up to one year and can be renewed in one-year increments.
Extended protection orders can include additional terms beyond the ones identified in an emergency protection order. These terms may include financial support for supporting a child or supporting the household if the victim and respondent are married. Other terms may include mandatory counseling programs and requiring a respondent to sell or dispose of any firearms in possession.
Steps for Obtaining an Order of Protection
To obtain an order of protection, you must take a series of legal steps. The attorneys at Fort, Holloway, & Rogers, LLC can provide the support you need to navigate this process. Our attorneys will address tasks such as:
- Collecting evidence necessary to support your petition for an emergency order of protection
- Preparing the petition, affidavit and the burden of proof
- Attending the ex parte hearing for a temporary order of protection with a presentation of evidence
- Advocating for you in court at the hearing on whether to extend the emergency order of protection
The burden of proof can be a complex element in obtaining an order of protection. Evidence must demonstrate “an immediate or present danger of abuse” or strong indications that abuse could occur. Evidence such as videos, police reports, witness testimonies and correspondence with the respondent may be used in court to demonstrate this danger.
Attorneys are not required to manage these processes, but they may be a helpful support system when navigating the complexities of the legal system while being concerned for your safety.
In addition to supporting victims of domestic abuse in court, our attorneys can also represent clients on the defense side of orders of protection. In these cases, we fight to preserve freedoms, especially in light of false or exaggerated claims of domestic violence.
Why Trust Us for Orders of Protection in Franklin?
Navigating domestic violence matters where an order of protection is required demands sensitivity and strong awareness of evidence collection. The attorneys at Fort, Holloway, & Rogers, LLC are experienced in cases involving protection orders and ready to communicate delicately with clients while addressing emotional scenarios.
In addition to our gentle client interactions, we are prepared to represent clients in court with sufficient evidence to prove a threat to safety. We can help to establish terms in an extended protection order that protect you and any children involved in your case.
Our focus on family law also points to experience in divorce cases, child custody and child support. If your experience with domestic abuse involves a spouse, we can provide additional representation to keep you and your family safe.
Contact a Franklin Orders of Protection Attorney Right Away
The attorneys at Fort, Holloway, & Rogers, LLC are prepared to fight for your rights and safety in court. Working with our team offers you the peace of mind you need when navigating a complex case. Contact us today to get started with your confidential consultation, where we can learn about your current circumstances and develop a plan for navigating your case.
