When people ask, “How can I get a restraining order in Tennessee?” they’re often dealing with a stressful, emotional situation.
Restraining orders, also known as Orders of Protection, are legal tools that should only be used in serious situations. They address safety concerns, but they can also have lasting consequences for everyone involved.
Whether you are trying to understand how restraining orders work or you have been accused of violating one, you need to know what the law requires and what rights exist on both sides.
What Is an Order of Protection?
This is a court order that limits or prohibits contact between two people. Depending on the situation, it may:
- Restrict communication
- Require one person to stay a certain distance away
- Place conditions on where someone can live or travel
Once an Order of Protection is issued and served, it must be followed. Even unintentional violations, such as sending a text message or showing up at a prohibited location, can lead to legal consequences.
Who Can Request a Restraining Order?
In Tennessee, a person may request an Order of Protection if they allege abuse, threats, harassment, or stalking by another person in the relationship. This can include:
- A current or former spouse
- A dating or intimate partner
- A family or household member
- Someone they share a child with
Tennessee courts can issue temporary restraining orders based on allegations. At this early stage, an accused person may not have the chance to tell their side of the story.
How the Process Begins
If someone wants to request a restraining order, they must file paperwork with the court. There is no filing fee.
In cases where the judge believes there may be an immediate risk, they can issue a temporary Order of Protection on the same day.
These temporary orders take effect immediately. They will remain in place until a full court hearing is held. Most of the time, this is within 15 days. During this time, the person named in the order must comply with all restrictions, even if they disagree with the allegations.
What Happens at the Hearing?
The court hearing is the first opportunity for both sides to present their side of the story. The person who filed (petitioner) explains why they believe an Order of Protection is necessary. However, the accused has the right to respond, present evidence, and challenge the claims.
After hearing both sides, the judge may:
- Dismiss the order
- Modify the terms
- Extend the Order of Protection for a longer period
The outcome can have long-term consequences. These orders can affect employment, housing, family relationships, and firearm rights.
What Counts as Violating an Order of Protection?
Violating an Order of Protection in Tennessee is a criminal offense. These actions can be considered a violation:
- Contacting the protected person directly or indirectly
- Being within prohibited distances
- Returning to a restricted home or location
- Failing to follow specific court-ordered conditions
While violations are charged as misdemeanors, any repeated or serious violations can carry harsher penalties. Remember that even misunderstandings or accidental contact can result in arrest.
You Need Legal Guidance in These Cases
With restraining orders, the stakes are high. For anyone accused of violating an Order of Protection, the legal system can feel unforgiving. Courts expect strict compliance. Unfortunately, any mistakes can have lasting consequences.
An experienced Tennessee defense lawyer can help review the allegations, explain the terms of the order, and protect your rights throughout the process.
Legal assistance is needed, especially when the order affects custody, housing, or employment.
Don’t Let a Restraining Order Ruin Your Life
Now that you know how to get a restraining order in Tennessee, you can protect your interests. Whether you are seeking information or facing accusations, you need to know how these orders work.
If you or someone you care about has been accused of violating a restraining order, Easter & DeVore, Attorneys at Law, are standing by to help. We will hear your side of the story and protect your rights. Schedule a consultation today.
