Order Of Protection Lawyer

An Ex Parte Order of Protection is sought by the Petitioner when he or she is seeking immediate relief. The victim petitions the court, and the court will grant an Ex Parte Order if good cause is shown. An immediate and present danger of abuse to the Petitioner constitutes good cause.

Considerations for a showing of good cause may include the Petitioner’s injuries and fear of retaliation, as well as the Respondent’s history of violence, pattern of conduct, access to weapons, criminal history, proclivity to drink and do drugs, history of mental illness, and threats and attacks against the petitioner. 

If Granted, Ex Parte Orders of Protection only last fifteen (15) days after the Respondent has been served with the Order.  Within that 15 day period, a hearing must be held. The Respondent will be served at least five (5) days prior to that hearing.

At the conclusion of the hearing, if the Petitioner has proven the allegation(s) of domestic abuse, stalking or sexual assault by a preponderance of the evidence, the court will issue a Temporary Order of Protection for a definite period of time, not to exceed one (1) year. If the petitioner has not proven the allegation(s) of domestic abuse, stalking, or sexual assault by a preponderance of the evidence, the court will dissolve the Ex Parte Order of Protection.

The types of protections included in an Ex parte Protection Order may include, but are not limited to:

• Directing the Respondent to refrain from committing domestic abuse, stalking, or sexual assault, or threatening to commit domestic abuse, stalking, or sexual assault against the Petitioner or the Petitioner’s minor children;
• Prohibiting the Respondent from coming about the Petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the Petitioner, directly or indirectly;
• Prohibiting the Respondent from stalking the Petitioner;
• Directing the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household;
• Directing the Respondent to immediately and temporarily vacate a residence shared with the Petitioner, pending a hearing on the matter;
• Directing the Respondent to pay the Petitioner all costs, expenses and fees pertaining to the Petitioner’s breach of a lease or rental agreement for residential property if the Petitioner is a party to the lease or rental agreement and if the court finds that continuing to reside in the rented or leased premises may jeopardize the life, health and safety of the petitioner or the petitioner’s children; and
• Ordering a wireless service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to a Petitioner

(Source: Tenn. Code Ann. § 36-3-605)

“Temporary” is a little misleading as there is not “permanent” Order of Protection. Both types of Orders of Protection are temporary. A Temporary Order of Protection is more serious than an Ex Parte Order of Protection. If the victim does not seek, or the court does not grant an Ex Parte Order of Protection, the court might set a date for a Temporary Order of Protection hearing. 

If the court sets a date for a Temporary Order of Protection hearing, the Respondent will be served with a copy of the petition and notice of the date set for the hearing. The Respondent will be served at least five (5) days prior to the hearing date.

At the conclusion of the hearing, if the Petitioner has proven the allegation(s) of domestic abuse, stalking, or sexual assault by a preponderance of the evidence, the court will issue a Temporary Order of Protection for a definite period of time, not to exceed one (1) year. If the petitioner has not proven the allegation(s) of domestic abuse, stalking, or sexual assault by a preponderance of the evidence, the court will not issue any order.§ 36-3-606

(Sources: Tenn. Code Ann. § 36-3-606 & Tenn. Code Ann. § 36-3-605 

Ex Parte Orders of Protection are for immediate relief and can only last fifteen (15) days after the Respondent is served. Ex Parte is a way of saying only one person, which, for Orders of Protection, means that the court only hears the Petitioner’s side. The Respondent does not get to defend themselves for Ex Parte Orders. That’s why they can only last 15 days.

For Temporary Orders of Protection, both the Petitioner and the Respondent get a chance to be heard. The Respondent is given at least 5 days notice before the hearing. A Temporary Orders of Protection can last up to, but not longer than one (1) year.  These Orders can also be extended as many times as the court sees fit but require a new hearing to be held  for any subsequent one-year period.

The only exception to the one-year limit is if the Respondent is found to be in violation of the Order of Protection. The Respondent will be afforded a hearing to defend against any allegations that they have violated the Order. If, however, the Respondent is found to be in Violation the Order can be extended.

On the first violation of an Order of Protection, the Order can be extended up to five (5) years. On the second violation of an Order of Protection, the Order can be extended up to ten (10) years.

(Source: Tenn. Code Ann. § 36-3-605)