Six Things to Know When Your Ex Files for an Order of Protection in Tennessee
So, you've been served with a temporary order or an ex parte order of protection. There's a court date, and the order has all kinds of restrictions in it that you have to follow; otherwise, it says you could be arrested or fined. What do you do when you're facing a protection order? Here are six things you should know.
Understanding the Basics of an Order of Protection in Tennessee
In Tennessee, many people use the terms "restraining order" and "order of protection" interchangeably. That is likely because, broadly speaking, both types of order restrict one person's conduct toward another person. However, there are important differences that could have serious legal consequences.
A restraining order is a broad term that can refer to any court order that restricts an individual from engaging in certain actions. It may be issued in various legal contexts, including family law, civil disputes, or criminal cases. The purpose is to prevent one party from approaching or contacting another party.
An order of protection, on the other hand, is a specific type of restraining order that is typically issued in cases involving domestic violence, stalking, or harassment. It is designed to protect victims from further harm by prohibiting the alleged abuser from contacting or coming near the victim. Orders of protection in Tennessee are often associated with cases of domestic abuse and are issued under the state's Domestic Abuse Act.
In other words, if your ex is attempting to get an order of protection against you, they are alleging that they are a victim of domestic abuse or stalking. These allegations are very serious, and violation of the order, even a temporary order, can lead to arrest. If you are served with an ex parte order or temporary order of protection, you will need to prepare a defense.
Steps to Take if Your Ex-spouse Files for an Order of Protection Against You
If your ex has filed for an order of protection against you, you immediately need to take steps to protect yourself until your hearing. First, it is important to remain calm. Gather information about the order of protection. Understand the specific allegations made against you and the details of the court order. Take note of the court date, time, and location.
You need to stop all contact with your ex, including through third parties, and ensure that you do not violate the order even if your ex reaches out to you. This point is non-negotiable, even if the allegations in the petition are inaccurate or false. The fact of the matter is, once an order is entered, it is legally binding until the court holds a hearing. Law enforcement and courts will not hesitate to hold you responsible if you violate the order.
Second, you should seek legal representation as soon as possible. A qualified attorney experienced in family law and domestic violence cases can provide valuable guidance, assess the situation, and help you understand your rights and options. Your attorney can provide you with guidance on how to respond to the order of protection and represent you in court if necessary. It is important to gather evidence to support your case, such as communication records and witness testimonies. It is also important to comply with the terms of the order of protection, which may include staying away from your ex-spouse and refraining from any form of contact. Finally, it is crucial to follow any court orders and attend all scheduled hearings to address the order of protection.
If you and your ex live together, and you need to go to your home to get personal belongings, you should contact the sheriff's department to have an officer escort you to and from the property. This is the only way you can be sure to be on the premises without violating the order. Do not try to get your things on your own.
Gathering Evidence to Defend Yourself in Court
If a temporary protection order has been entered, the court may extend the order issued after a full court hearing if your ex proves his or her allegations of domestic abuse or stalking by a preponderance of the evidence. It is important to remember that your ex has the burden to prove the allegations, and you do not legally have to prove that the allegations are untrue. Even so, if you can prove it, you should.
Gathering evidence to defend yourself in court is crucial in proving your innocence and presenting a strong case. It is important to collect any relevant documents, such as emails, text messages, or other communications that support your side of the story. Witnesses who have firsthand knowledge of the situation and who can testify can be crucial to bolster your defense. It may also be beneficial to gather physical evidence, such as photographs or video footage, that can provide additional clarity to the situation if that type of evidence is available. In some cases, expert testimony or analysis may also be necessary to support your defense, although this can be rare in order of protection cases.
It is important to gather and organize all evidence in a clear and coherent manner, as this can greatly improve your chances of success in court. No judge likes to be handed piles of disorganized documents, and having your paperwork in order will help your attorney do their job.
Construct a timeline of events that lays out the "four Ws" - what happened, when did it happen, where did it happen, and why did it happen. Remember that your defense at trial will rely on telling the judge a story. That story must be coherent, accurate, and easy to follow, otherwise the judge won't be able to determine just what has happened. If you come organized and "with receipts" (proof supporting your defense or rebutting your ex's allegations) you have a much better chance of the order getting dismissed.
Seeking Legal Representation and Preparing for the Hearing
As soon as you find out about the order of protection, you should be shopping for an attorney. It's possible to defend yourself at the hearing but considering the serious consequences of an order of protection (such as having to surrender your firearms), you are far better off with experienced and professional representation.
When you are interviewing attorneys, you'll need one that has availability to attend the hearing. When temporary orders of protection are issued, there must be a full court hearing within 15 days where the judge will decide whether to extend the order of protection or dismiss it. That's only two weeks to prep you and the evidence and craft your argument for dismissal. Time is critical, so you need an attorney that is available immediately.
Your attorney will help you prepare for court, guiding you on what to expect and helping you present your case effectively. Dress appropriately (read: suit for men, skirt or slacks for women), be respectful in court toward the judge and your ex, and manage your emotions. These factors can influence the judge's perception of you and how you interact with your ex.
Presenting Your Case in Court and Addressing the Allegations
During the court hearing, be prepared to present your side of the story. Your attorney will help you articulate your defense and address any concerns raised in the order of protection. Honest and clear communication is key. It's not a memory test - you can keep notes, and your attorney will ask you questions to help direct your testimony to address the allegations and relevant issues.
General advice for testifying:
Make sure you understand the question before you answer;
You only answer a question asked, and do not have to elaborate unless requested to;
"I don't know" and "I don't remember" are completely acceptable answers, as long as they are accurate.
Your attitude at the hearing is critical. Do not take it lightly, or give the perception that you think it's a joke. Orders of protection are extremely serious, and you should show the court that you are too. Manage your emotions as best you can, and do not lose your temper. The best advice is to simply tell the truth as best you can. Your attorney will handle the legal work.
Following the Court's Decision and Complying with the Order, if Applicable
Regardless of the outcome, it's essential to follow any court orders issued during the hearing. This may include continued compliance with the terms of the order of protection or other directives from the court. Remember that violation of the order can carry serious legal consequences, including criminal charges, jail time, fines, extension of the order, loss of custody or visitation rights, or civil contempt.
No matter how false the allegations or unnecessary the order of protection is, it is far easier to appeal the order or move for dissolution of it if you haven't violated it. On the other hand, every time you violate the order, no matter how insignificant the violation, you stack the deck against yourself.
Dealing with an order of protection can be challenging, but with the right knowledge and legal support, you can effectively navigate the process and protect your rights.
It's important for individuals subject to orders of protection to fully understand the terms and to strictly adhere to them. Going through such a situation can be challenging, but having the right knowledge and understanding the legal aspects can make a big difference. By following the six key points outlined in this blog post, you will be better equipped to navigate the process and protect your rights. It's important to consult with a professional attorney like Otten Law, PLLC, who can provide personalized guidance and support. Remember, knowledge is power, and we hope this article has empowered you to handle this situation with confidence.
