Nashville Order of Protection Lawyer
What is an Order of Protection?
An order of protection in Tennessee is a court order intended to protect individuals from domestic abuse, stalking, or harassment. (Sometimes people call it a restraining order; however, a restraining order has another meaning in Tennessee law.)
Generally, an order of protection (“OP”) prohibits contact with the petitioner and requires you to stay away from the petitioner’s home and/or workplace.
The OP usually lasts one year. In some cases, it is extended.
Who can get an order of protection?
In Tennessee, only certain classes of people may obtain an OP. They are:
- Victims of domestic abuse: This includes individuals who have experienced physical harm, threats of harm, or any form of coercion within a domestic relationship.
“Domestic relationship” includes family members, anyone you are related to by marriage spouses and ex-spouses, romantic and/or sexual partners, and anyone you have lived with (including roommates).
- Victims of stalking or harassment: Individuals who have been subjected to repeated unwanted attention, harassment, or threats can also seek an order of protection.
- Victims of sexual assault: Those who have experienced sexual assault may petition for an order of protection.
- Family or household members: In addition to the above, family or household members of the victim may also file on behalf of a child.
What happens if an order of protection is granted against you?
If the OP is granted, you should expect the following:
Restrictions on contact: You will be prohibited from contacting the petitioner in any way, directly or indirectly. This includes all methods of contact, including text message and social media. Indirect contact such as sending a message through a third party is also prohibited.
Stay-away orders: The court may order you to stay away from specified locations, including the petitioner’s home, workplace, and other places.
You may have to leave your home: If you live with the petitioner, you will likely have to leave your home and find somewhere else to live.
Firearm restrictions: You cannot possess a firearm while there is an order of protection against you.
Other specific provisions: The order may include additional restrictions or requirements depending on the circumstances.
Damage to your reputation: An OP is public record and may be found by those who do a background search on you.
An OP has serious consequences, but a good order of protection lawyer will increase your chances of defeating the petition against you.
Violation of an Order of Protection is a Crime
Having an order of protection against you is not criminal. Violating it is.
If you violate any provision of an OP, you can be charged with a crime. A violation is a class A misdemeanor in Tennessee, which carries a possible penalty of up to one-year in jail and a fine of up to $2,500.
If you commit an assault against the person who has an OP against you, you can be charged with aggravated assault, a felony.
Contact your Nashville Order of Protection Lawyer Today
If you are facing an OP petition, the decision to hire an experienced order of protection attorney is one of the most important steps you can take to protect your rights and get the best possible defense. Contact Carla Grebert today for a consultation.
