Domestic violence is far too common in our justice system. If you or someone you know faces threats or harm, knowledge is your first line of defense. Knowing your rights and the process for obtaining an Order of Protection can make all the difference.
Scenario: When Protection Becomes Critical
Imagine Jane, trapped in a turbulent relationship with John. Arguments escalate to violence, and one night John strikes Jane multiple times. Jane calls the police. Officers arrest John and help Jane file for an Order of Protection. With her court date approaching and John out on bail, Jane stays with a friend—afraid of returning home and anxious about what comes next in court.
What Is an Order of Protection?
Tennessee law (T.C.A. §36-3-601 et. al.) establishes Orders of Protection to shield victims of domestic violence and abuse. When someone files for an Order of Protection, the court can issue an “Ex-Parte” Order immediately if there’s good reason. Once served, the accused cannot contact the victim in any way. Violating the order can result in criminal contempt charges.
What Happens at the Hearing?
The court schedules a hearing within 15 days of issuing the Ex-Parte Order. At the hearing, the victim must prove—by a preponderance of the evidence—that the abuse occurred as described. This is the time to present evidence, testimony, and any supporting documentation.
Who Qualifies for an Order of Protection?
- Current or former spouses
- Roommates (current or former)
- Dating partners (current or former)
- Relatives by blood, adoption, or marriage
What Counts as Abuse?
- Physical abuse or threats of physical abuse
- Malicious damage to personal property (including harming or threatening a pet)
- Sexual assault
- Stalking
Take Action
Order of Protection forms, as approved by the Tennessee Supreme Court, are available on their website. All Orders of Protection can be filed at the County Court Clerk’s office.
Resources
→ Download an Order of Protection Form
→ BLOG: Simple vs. Aggravated Assault
→ BLOG: Technology and the Law
