The Tennessee Domestic Abuse Statute provides for the issuance of Orders of Protection to provide domestic abuse victims with enhanced protection from domestic abuse and to ensure prompt law enforcement response for violation of an Order of Protection. This law provides, in pertinent part, that “any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, or sexual assault” may file for an Order of Protection. After the petition is filed, the Court may immediately grant an ex parte Order of Protection and set the matter for a hearing within fifteen (15) days, alternatively, the Court may deny the ex parte Order of protection and set the matter for a hearing within a reasonable time. At the hearing, the alleged victim has the burden of proving the allegations contained in the Petition for Orders of Protection.
An Order of Protection is designed to have the effect of the following:
Persons eligible for an Order of Protection include the following:
One of the benefits/drawbacks of an Order of Protection is that it results in an immediate arrest by the police; all it takes is a simple call to the police and the person under the Order of Protection will be arrested. If someone violates an Order of Protection, the court may sentence the violator up to 11 months 29 days in jail!
At Turner Law Offices, P.C., we are experienced with helping our client obtain Orders of Protection and helping our clients who have been served with an Order of Protection. Orders of Protection are serious business, and if you are in a situation where an Order of Protection has been taken out, please call our family law attorneys to help you with your legal situation. Call today for a free initial consultation!