If you are the victim of Domestic Violence (DV) in Tennessee, restraining orders are one of the best ways to protect yourself from further danger. The law offices of Andrew Beasley are here to guide you through this difficult time and ensure your safety throughout the entire process. Whether you’ve filed a restraining order in the past or aren’t sure if you should, our team of experienced attorneys is here to help. Let’s take a look at how to file a domestic violence restraining order in the state of Tennessee.
When are Domestic Violence Restraining Orders Needed?
Restraining orders, which are also referred to as orders of protection, are a form of court order that ultimately serve to stop an abuser from coming into contact with their victim. This includes coming within a certain distance of the petitioner, going to the petitioner's work, school, or place of residence, destroying the petitioner's personal property, and contacting the petitioner in any way. The stipulation may also extend to contact in the digital arena based on the reason for the restraining order. In addition to DV cases, separate orders can be used in relation to sex crimes, assault, or stalking.
There are almost 70,000 DV cases in Tennessee annually. While restraining orders are only needed in a small percentage of these cases, they may be taken out against;
- Spouses or ex-spouses
- Blood relatives
- Former sexual partners
- Any contact who you fear will harm you (or harm you again)
Restraining orders provide physical and emotional protection in the home, workplace, and public settings. Andrew Beasley, criminal defense attorney in Nashville, can guide you through the process.
How to Obtain a Restraining Order for DV in TN: Preparation
Before filing for a restraining order, you must first know that there are two types of orders you can file for in the state of Tennessee. Temporary Protection Orders (TPOs) are short-term restraining orders that last for 15 days and are used when the danger is immediate. Their primary purpose is to provide protection until Extended Protection Orders (EPOs) are granted.
EPOs are only issued following a court hearing, which gives the other party a chance to contest it and a judge to rule on the overall case. When granted, they last for one year, although it is possible to seek an extension (granted on a case-by-case basis).
While it is free to file for a restraining order, you will need to carve out ample time to complete the appropriate forms. Our law offices in Nashville can advise you about the paperwork, which includes the following;
- Petition for Order of Protection
- Ex-Parte Order of Protection
- Order of Protection
All forms must be completed accurately and in detail—this will involve reliving the experience and dictating it for the judge to rule accurately. Each form will need to be signed in front of
a notary, with which a clerk will gladly guide you through this process.
How to Obtain a Restraining Order for DV in TN: Hearings
The Ex-Parte Order of Protection hearing is when a TPO can be granted. In many cases, the date and time of a full-court hearing will be set too. By presenting the necessary evidence to highlight the danger or nuisance that the domestic contact has caused, any legitimate concerns will be followed by the EPO.
Restraining orders have a negative impact on the other party and the way in which they live their life, which is why they won’t be granted unless they are deemed necessary. Working with Andrew Beasley’s law offices in Nashville provides the best shot at securing the right outcome in the fastest amount of time. It also removes a weight of stress from your shoulders and prevents the threat of future violence against you and your family.
Protective Orders & Andrew Beasley
At Andrew Beasley, we understand the importance of protecting your well-being with a restraining order. While this may be a lengthy and difficult process, our team of criminal defense attorneys is here to guide you through it step-by-step. We’ll do our due diligence in gathering the facts and evidence and supporting you in the courtroom. Don’t the fear of the future keep you from living out your life with added security provided by a restraining order.
Contact us today by calling (615) 437-7002 to set up an appointment with one of our attorneys for a free case review.