We are often asked, “How does a protection order work?” and “What is the difference between an injunction and a protection order?” Protection orders in Tennessee are a complex issue. Legal Powers lawyers in Nashville, TN and surrounding areas are ready to assist you through the process of a protection order on both sides of the order. It is very important that you attend the hearing. If you do not attend the hearing, your temporary protection order will expire. If the offender does not show up for trial, the judge can always grant you a European Protection Order or postpone the trial. You may also be able to apply for a new protection order if you have new evidence in court that domestic violence has occurred, or if a new incident of domestic violence occurs after you have been denied the order. You can ask the court to extend your protection order for one year by applying for an extension before your order expires. After you submit the application, you will receive a new hearing date, usually within 14 days. Your request will be sent to the offender by mail. If you submit your application for renewal before your prescription expires, but your hearing is scheduled after your prescription expires, your order will be extended until your hearing. After you file the order to be extended, the process is very similar to receiving your first protection order.
You must explain to the judge why you still need protection, and if you prove that there is a “reason” for doing so, the judge can extend the order for another year. This process can be repeated to request additional one-year extensions of the order.2 Once you have received a protection order, there may be laws prohibiting the respondent from having a weapon in his or her possession. If the order was made after notification and a hearing, the order should have a language instructing the offender (respondent): Note: A law enforcement officer may apply for a unilateral order on your behalf if all of the following conditions apply: About the Civil Court System You can file an application/application for civil non-compliance for violation of the order in the same court, who issued the order. The abuser can be held in “civil contempt” if they do something that your protection order orders them not to do. To apply for civil contempt, go to the clerk`s office and ask for the civil rejection application forms.2 As long as the custody provision complies with certain federal statutes,1 Tennessee may enforce a preliminary custody order that is part of a protection order. Note: It`s a good idea to always have a copy of the order with you. You can also bring multiple copies of the prescription when you move and leave copies of the order at your workplace, home, school or daycare, in your car, at a compassionate neighbor`s house, etc. You may wish to give a copy to the security guard or person at the front desk where you live and/or work, and to any person named and protected in the order. Note: The state you are travelling to generally cannot renew your unilateral temporary order or issue you a permanent order when the temporary order expires. If you need to extend your injunction, you must contact the state that issued the injunction and agree to attend the hearing in person or by telephone if this is an option offered by the court. However, you may be able to reapply in the new state you`re moving to if you meet the requirements of a protection order in that state — but if you apply for one in a new state, the offender will know which state you live in, which can put you at risk.
In addition, Tennessee law enforcement officials are expected to enforce an out-of-state order, whether registered or not, as long as the order appears authentic to the officer. This is called the “presumption of validity.” 2 If you are moving out of state, you should call the domestic violence program in the state you are moving to find out how that state handles out-of-state orders. If you`re moving to a new state, you can also call the National Center on Full Faith and Credit (1-800-903-0111) for information on how to enforce your prescription. If someone has persecuted or sexually abused you, you can apply to the court for a protection order. Can I get more detailed information about protection orders in my country? Under Tennessee law, these individuals can obtain a protection order: An ex parte injunction can be enforced in other states as long as it meets the requirements set out in How do I know if my protection order is valid under federal law?1 By a unilateral or final order to protect the elderly or vulnerable adults, a judge can order the offender: But even if none of the above applies to your situation, it doesn`t necessarily mean you can`t get an order. If you apply, you may get a consent order, or the judge may find other circumstances that allow the order to be made. They are also available to victims of sexual assault and criminal harassment. Actions that are considered criminal harassment and that could help you receive an order include: This section defines domestic violence for the purpose of obtaining a protection order.
Here`s what happens to you when a protection order is issued against you: The respondent will have a contempt hearing no later than ten (10) days after arrest to answer for the alleged violation. For this hearing, the applicant is asked to explain why a non-compliance order should be issued. If granted, ex parte protection orders do not last until fifteen (15) days after the defendant is served with the order. A hearing must take place within this 15-day period. The Respondent will be notified at least five (5) days prior to this hearing. A protection order is valid anywhere in the United States as long as: Violation of a protection order may violate the law. There are two ways to get help if the offender violates the protection order. Note: To get a protection order, you are also considered a victim of criminal harassment if someone, regardless of your relationship to that person, threatened to stalk you or made you fear that they would sue you.2 A violation of any of the above orders may constitute a Class A offence.2 A temporary protection order may address some or all of the following: Tags: FAQ, non-contact order, protection order, petitioner, defendant, injunction, violation, To have someone read about your order and tell you if it meets these standards, contact a lawyer in your area.