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Cynthia Sherwood | Criminal Defense » Order of Protection Lawyer
An Order of Protection is an Order signed by a judge upon a Petition prohibiting you from contacting or going near another person. Orders of Protection should not be taken lightly. They have very serious legal consequences. Before you make any decisions, it is highly advised for you to speak with an Order of Protection lawyer (criminal attorney).
We don’t discriminate when it comes to who we help. If you need help getting or fighting an Order of Protection, we’ve got you. We do this so much that we created a chatbot, named CinBot, to help you. Just click the little blue robot head in the bottom right corner of this page to get started. Click the red x to exit.
For fighting an Order of Protection, CinBot can provide a lot of information. First, it will tell you if the Petitioner meets the legal requirements for obtaining an Order of Protection against you. Then, CinBot will actually generate basic case evaluation that is specific to your answers. Below is what to expect from CinBot regarding fighting an Order of Protection in TN:
1. Tell you if the Order of Protection meets the basic legal standards to be granted by a judge.
2. Point out potential consequences for you if a judge does grant the Order of Protection.
3. Provide enough information for you to have an informed conversation with an attorney regarding your Order of Protection
For getting an Order of Protection, CinBot can help answer several of questions that relate to your specific scenario. Among those is the ability to answer some general questions like where and how to file an Order of Protection in what county. CinBot can also let you know if you meet the required elements for a judge to consider granting the Order of Protection. Filing information is only available for Davidson, Sumner, Williamson, Rutherford, Cheatham, and Wilson Counties.
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:
(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)
If the Respondent, having knowledge of, or having been served with, the Ex Parte Order of Protection, is alleged to have violated the order, the Respondent will be arrested. To be clear, the Respondent will be arrested if the Petitioner alleges that they have violated the Order. No investigation or proof is required.
The Respondent will have a contempt hearing no more than ten (10) days following his or her arrest to answer for the alleged violation. For this hearing, the Petitioner will be asked to show cause why a contempt order should be issued.
If, at the conclusion of the hearing, the court finds that the order was in fact violated, the respondent:
(Source: Tenn. Code Ann. § 36-3-611)
If the respondent is alleged to have violated the temporary order, the respondent will be arrested. The respondent will have a contempt hearing no more than ten (10) days following arrest to answer for the alleged violation, for which the petitioner will be asked to show cause why a contempt order should be issued. (§ 36-3-611)
If, at the conclusion of the hearing, the court finds that the order was in fact violated, the respondent:
In addition, the court may extend the order of protection for up to five (5) years after the respondent’s first violation of the order, and then up to ten (10) years after the respondent’s second or subsequent violation of the order.
(Source: Tenn. Code Ann. § 36-3-605)
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Terminology: Orders of Protection are also referred to as an “OP” or a “protection order.”
Commonly associated services for an order of protection are domestic violence lawyer, assault lawyer, aggravated assault, and domestic assault.
In TN people commonly mistake a Restraining Order for an Order of Protection. They are not the same. The simplest way we explain the difference between Restraining Orders and Protection Orders is: In TN, a Restraining Order is used primarily for business purposes in civil litigation, while an Order Of Protection is for personal protection.
Yes, the victim can chose not to go forward with the Order of Protection. The two ways this can happen are:
Unlike domestic violence crimes, an Order of Protection is a civil matter, although it is handled in criminal court. Because it is a civil matter, the Petitioner is free to dismiss the Petition without the permission of the State of Tennessee.
Oftentimes Petitioners are talked into seeking an OP, either by the police or family. Many times the allegations in the OP do not meet the standard (although the standard is very low) or the offenses are simply overstated by the Petitioner.
Virtually any time a police officer responds to a domestic violence call and makes an arrest, they try to convince the “victim” to take out an OP. At the time the offense allegedly occurs, emotions are high, and the parties may speak out of anger rather than fact.
One of the most important parts to defending an OP is to identify and interview any other witnesses to the incident other than the victim or the alleged suspect. This could be a friend, family member, or even a neighbor who overhears the argument through the apartment walls. However, in many cases, the only witnesses are the alleged victim and you, and there is often little or no physical evidence.
In these cases it is often a battle of credibility between the Petitioner and you. A Petitioner with a history of repeatedly calling the police may be less credible. Each case is different, but by fully investigating the situations, the parties, and the available witnesses and evidence, many protection orders can be defended at the hearing.
Under Tennessee law, the people can get an order of protection:
To obtain an Order of Protection in TN: The Petitioner for the “OP” may seek relief by filing a sworn petition alleging the abuse.
Upon filing the petition for an Order of Protection:
Note: If the ex parte Order is granted, a hearing must be set within fifteen days of the service of the ex parte order so that you can defend yourself.
Protection Order hearings are incredibly biased in favor of the petitioner. The right criminal attorney is critical to achieving success. At SBL, we provide defense services for those responding to Orders of Protection or seeking an Order of Protection. Moreover, Cynthia Sherwood was Chair of the Domestic Violence Project for several years, and has seen these cases from not only the Respondent’s side, but has also represented Petitioners in many cases. To say the least, she knows how the Petitioner and/or his/her attorney might look at the case. If you’re looking for an “order of protection lawyer,” look no further. Call SBL today.
The following is what happens to you if an order of protection is granted against you:
In Tennessee law, the scope of an Order of Protection may include, but is not limited to:
Commonly associated services for an order of protection are domestic violence lawyer, assault lawyer, aggravated assault, and domestic assault.
Other Criminal Defense Services: