When you are served with an order of protection, that can be a distressing experience, especially if the allegations don’t reflect what happened.
So, how to fight an unfair order of protection in Tennessee?
If you believe the order is unfair, you do have the right to fight it. Here is how the process works and how to respond.
What Is an Order of Protection?
An order of protection prevents one person from contacting or coming near another. In Tennessee, these court orders are issued in cases involving:
- Domestic violence
- Stalking
- Sexual assault
A judge may first issue a temporary (ex parte) order. This is done without hearing your side of the story. It is meant to provide immediate protection until a full hearing can take place.
Why You Should Take It Seriously
It can be tempting to brush off an order of protection, especially if you know the claims are exaggerated or false. However, ignoring it is one of the worst things you can do.
Violating an order of protection can lead to criminal charges or additional penalties.
Even before a final decision is made, the temporary order is legally enforceable. That means you must follow it to the letter while you prepare your defense.
What to Do After Being Served?
Once you are served, the clock starts ticking.
In Tennessee, a hearing is scheduled within 15 days. This is your opportunity to present your side and challenge the allegations. Here is what you will want to do:
- Read the order to understand all restrictions
- Avoid any contact with the petitioner
- Document everything related to the situation
- Begin preparing your defense strategy
This early stage is important. What you do now can directly affect your case down the road.
Think About Your Defense
At the hearing, the judge will decide whether to dismiss the order or extend it. Solid evidence can make a major difference. Depending on your situation, that may include:
- Text messages, emails, or social media interactions
- Witness statements
- Photos, videos, or location data
- Phone records
You want to show inconsistencies, lack of evidence, or an alternative explanation of events.
If the claims are exaggerated or fabricated, your evidence should highlight those inconsistencies.
How to Challenge False Claims
Sometimes, a person might seek an order of protection because of:
- Custody disputes
- Breakups or divorce conflicts
- Misunderstandings that escalated
- Attempts to get leverage in another legal matter
If you believe the order was filed in bad faith, your defense should focus on credibility. When you can show inconsistencies or motives behind the claim, that can be just as important as presenting your own version of events.
Why You Need Legal Help
With orders of protection, the stakes are higher than many people expect. What feels like a personal dispute can quickly turn into a legal issue with lasting consequences. An experienced attorney can help you:
- Evaluate the strength of the allegations
- Collect and present evidence
- Cross-examine witnesses
- Make sure your rights are protected throughout the process
When you have someone who understands Tennessee law, that can make a huge difference in how your case is handled.
You Can Fight an Unfair Order of Protection
Fighting an unfair order of protection in Tennessee starts with taking it seriously and acting right away. While the initial order may feel one-sided, the hearing is your opportunity to present the full picture.
With strong evidence and the right legal help, you can challenge the allegations and protect your record, your rights, and your future.
If you’ve been served with an order of protection and believe it’s unjust, Easter & DeVore, Attorneys at Law, can assist. We can help you discover your options to fight these unfair orders. Contact us today to schedule a consultation.
