What are orders of protection?
Orders of protection are intended to prevent threatening or abusive conduct. A violation of an order of protection can lead to the arrest and incarceration for almost a year for the person charged with violating it.
Depending upon the facts, an order of protection can direct a person to refrain from further abusive or threatening behavior, but it can also do a great deal more. It can also include provisions for temporary custody, visitation and support.
An Order of Protection abridges the Second Amendment right to bear arms. An individual with an Order of Protection against them are not permitted to own or possess a firearm or ammunition. An Order of Protection can affect your livelihood. Some rental communities will not rent to those who have an Order of Protection against them.
When can one be requested?
An order of protection may be requested from a judge in situations in which the person seeking the order has been the victim of any of the following acts:
- Sexual Assault: An order of protection may be obtained against a person who threatens or commits any of the sexual battery or rape crimes defined under Tennessee state law. Included in the list of crimes are statutory rape, rape, aggravated rape, sexual battery, aggravated sexual battery and authority figure sexual battery.
- Stalking: It’s a crime to willfully harass another individual as a course of conduct if doing so causes terror, intimidation, or fear or if the victim is bothered or threatened by such conduct.
- Domestic Abuse: A victim who fears physical harm or injury or who has been injured may seek an order of protection from the offender. Threats that put a victim in fear of being physically harmed are grounds under Tennessee law for the issuance of an order of protection.
Who may request an order of protection?
Tennessee state law restricts orders of protection to situations in which there is a relationship between the person seeking the order and the person who could potentially be subject to civil and criminal penalties for violating it. The law extends orders of protection eligibility to the following:
- Spouses or former spouses
- Individuals residing together now or in the past (regardless of relationship)
- Individuals who have dated in the past or who are dating
- Individuals in a sexual relationship either now or in the past
- Same-sex partners
- People related by blood or adoption
- Anyone who was at one time related by marriage or is related by marriage
Schedule a consultation today!
Michael S. Rexroat is experienced with helping his clients obtain Orders of Protection as well as helping clients who have been served with an Order of Protection. Orders of Protection are serious business, and if you are in a situation involving an Order of Protection, please call Michael today to help you with your legal situation.