Who Can Get an Order of Protection?
You can request an Order of Protection if someone is:
- Physically hurting you or threatening to hurt you
- Following you around (stalking)
- Sexually assaulting you or threatening to
This applies to people like your spouse or ex-spouse, someone you’re dating or used to date, roommates, or family members. Basically, if this person has a close relationship with you and they’re making you afraid, the court can step in.
How It Actually Works
Getting Emergency Protection If you’re in immediate danger, you can go to a Commissioner and ask for emergency protection. You’ll fill out paperwork explaining what’s happening, and if the Commissioner agrees you’re in danger, they can issue an Ex Parte Order of Protection right away even without the other person being there. This gives you protection while you wait for a full hearing.
The Court Hearing Within about two weeks, there will be a hearing where both you and the other person can tell your side of the story to a Judge. You can bring witnesses, photos, text messages, medical records, whatever helps prove your case. If the Judge believes you need protection, they’ll issue an Order of Protection that can last up to a year.
What the Order Can Do The court can order the person to:
- Stop all contact with you (no calls, texts, emails, nothing)
- Stay away from your home, work, or school
- Move out of a shared home
- Stay away from your kids
- Turn in any guns they own
If Someone Has Filed an Order of Protection Against You
Getting served with an Order of Protection can feel like a punch to the gut. Maybe you’re thinking, “This isn’t fair,” or “They’re blowing this out of proportion.” or “This never happened.” We hear this a lot, and we want you to know that you have rights too.
Don’t Panic, But Don’t Ignore It
First, take a deep breath. Yes, this is serious, but it’s not the end of the world. However, you absolutely cannot ignore it. Even if you know the accusations are completely false, you need to take this seriously and respond properly.
What’s at Stake
An Order of Protection can:
- Keep you from seeing your kids
- Force you out of your own home
- Affect your job (especially if you work in law enforcement or security)
- Prevent you from owning guns
- Show up on background checks
How We Can Help
We’ve defended hundreds of people against false or exaggerated orders of protection requests. Sometimes people file these orders for the wrong reasons. Maybe they’re trying to get an advantage in a divorce, or maybe they genuinely misunderstood a situation. Whatever the case, we know how to present your side effectively.
We’ll help you:
- Gather evidence that supports your version of events
- Find witnesses who can testify on your behalf
- Understand exactly what you’re accused of
- Prepare you for what to expect in court
- Fight for a fair outcome
The Real Talk About These Cases
If you’re seeking protection: Don’t minimize what’s happening to you. If someone is making you afraid, that’s not okay. You’re not overreacting, and you’re not being dramatic. Trust your instincts.
If you’re defending against an order: This isn’t just going to go away. Even if you think the other person is being unreasonable, the court takes these seriously. You need someone who knows how to navigate this system.
Your Questions, Answered
What if we have kids together? The court can make temporary decisions about custody and visitation as part of the order. This is often one of the most stressful parts for parents.
Can I still live in my house? If you’re seeking protection, the court might order the other person to leave. If you’re defending against an order, you might be temporarily forced to find somewhere else to stay.
What about my guns? If an Order of Protection is issued against you, you’ll have to turn in your firearms. This is federal law, not just Tennessee law.
What if they’re lying? People do sometimes misuse the protection order system. That’s why you need someone who knows how to challenge false accusations and present the truth effectively.
How long does this process take? The emergency order happens quickly, but the full hearing is usually within 15 days. Extended orders can last up to a year but can be renewed.
What happens if someone violates the order? Violating an Order of Protection is a criminal offense. The police can arrest someone immediately if they break the terms of the order.
We’re Here for You
Whether you’re scared and need protection, or you’re facing false accusations and need to defend yourself, we understand how stressful and confusing this can be. We’ve been handling these cases in Middle Tennessee for decades, and we know how to get results.
Don’t wait. If you need to file for protection, every day you wait is another day you’re not safe. If you’ve been served with an order, the clock is ticking toward your hearing date.
Call Kane & Crowell PLLC today at (615) 784-4800 for a confidential consultation. We’ll listen to your situation and help you figure out the best way forward. Your safety and your rights matter to us.
