Can a Restraining Order Be Issued in Assault Cases?
According to Tennessee law, assault is defined as causing someone bodily injury, placing them in fear of bodily injury, or touching someone in an extremely offensive or provocative manner. In some situations, assault victims may choose to have a restraining order issued against their aggressor. In Tennessee, a restraining order (known as an order of protection) will be issued by the court. A temporary order of protection will last 15 days, while a final order of protection will be issued if the situation warrants, lasting up to one year.
If you have been served with a temporary order of protection, it is important that you contact a Nashville orders of protection lawyer to prevent an extended order from being put into place.
What is an Order of Protection in Tennessee?
An order of protection is a court order signed by a judge that makes it illegal for you to contact someone. An order of protection may be issued in the case of domestic violence, sexual assault, stalking, and aggravated or simple assault. The order is intended to protect victims of abuse from their aggressor. In cases of domestic violence, an order of protection may be issued to a spouse, former spouse, someone you live with or used to live with, family member, or anyone you currently date or used to date. However, a restraining order can also be filed against anyone accused of assault.
What Conditions May Be Present in an Order of Protection?
If you have been named as the defendant in a restraining order, the following terms may exist:
- You may be banned from contacting the petitioner
- You may be banned from living near or with the petitioner
- You may be banned from owning, purchasing, or discharging a firearm
- You may be ordered to pay spousal or child support
- You may lose custody of your child or children
- You may be ordered to attend counseling, treatment, or other rehabilitative programs
Temporary vs. Final Orders of Protection
An assault victim who is seeking protection from their aggressor will seek immediate protection. According to the Tennessee Rules of Civil Procedure, the court may issue a temporary or ex parte order without providing notice to the other party if there is evidence that the victim is in danger of suffering harm. The temporary order will last 15 days, at which point a hearing will be scheduled to determine if an extended order of protection should be issued. It is important that you hire legal counsel to represent you at this hearing to present evidence that disavows the need for an extended order.
If an extended order is granted, it may last up to one year. If you violate a restraining order, this is a Class A misdemeanor, punishable by almost one year in jail and $2,500 in fines. Having an extended order of protection issued can impact your ability to get a job, rent an apartment, and ruin your reputation. Thankfully, a Nashville order of protection lawyer has the experience, knowledge, and skills to limit the duration of an extended order to ensure that it has a minimal impact on your life.
Speak with a Nashville Order of Protection Lawyer Today
If someone has filed an order of protection against you, you need legal assistance to show the court that the order is unjustified. Our Nashville orders of protection attorneys will gather the necessary evidence to highlight your lack of accountability and your standing in the community. At Andrew C. Beasley, PLLC, we have handled countless orders of protection, ensuring your rights remain intact. To schedule your free consultation with an attorney, our office can be reached online or by calling (615) 846-9889 today.