Orders of Protection
While assault and battery are always criminal offenses in Tennessee, lawmakers have carved out a special category for violent acts involving individuals in domestic relationships. Domestic assault is a criminal offense in Tennessee, but the penalties are enhanced when the victim is a current or former spouse, parent, child, member of the household, or other relation. However, criminal laws are intended for punishment. Victims of domestic violence may require additional safety measures, and an order of protection is a powerful option.
However, the legal process for obtaining a protective order can be overwhelming for individuals who fear for themselves and their families. Instead of putting yourself at risk, rely on Fort, Holloway, & Saylor, LLC to assist with the requirements. Please contact our office right away to schedule a consultation with an attorney. You might also benefit from reviewing some background information about the laws.
Overview of Tennessee Protective Orders
While a criminal domestic abuse case starts with an arrest, a victim must file a petition for an order of protection. The petitioner must include sufficient information and testimony to convince the court that violence has occurred and/or is likely to continue. If the judge agrees, the protective order issued against the respondent may include such terms as:
- No contact or communication with the victim;
- Staying a certain distance away from the victim’s place of employment or home, which may mean the respondent must relocate; and
- Prohibiting contact or interactions with children the respondent and victim share.
A petitioner can obtain an order of protection on an emergency basis, in which case the respondent may never receive notice of legal action. The restraining order issued under these circumstances is temporary and can only last 15 days. At that point, the court must hold another hearing to determine whether to extend the protective order.
Orders of Protection and the Legal Process
When there are threats to your safety, a solid strategy is critical. At Fort, Holloway, & Saylor, LLC, we are dedicated to pursuing all legal remedies. Our lawyers will support your needs, so you can trust us to:
- Help with preparing an emergency protective order, which requires evidence and an affidavit regarding domestic violence;
- File the petition for an order of protection;
- Appear at the emergency hearing to convince the judge that a restraining order is necessary; and
- Represent you at the follow-up hearing to extend the order of protection.
Keep in mind that our attorneys also handle the other side of protective orders. We will aggressively defend your rights against exaggerated or false allegations to obtain a favorable outcome.
Our Lawyers Will Tackle the Challenges
The idea of taking legal action is daunting when you live in fear for your safety, so allow our team at Fort, Holloway, & Saylor, LLC to shoulder the burdens. We have extensive experience helping our clients with protective orders and will take advantage of all remedies to ensure your safety. Please call 931-901-2300 or go online today to set up a consultation with a skilled attorney.
