Tennessee Orders of Protection Attorneys

Tennessee Family Law Firm in the Knoxville and Sevierville Area – Orders of Protection

At Baker Associates in Sevierville and Knoxville, Tennessee, our family law attorneys have helped many clients with protection orders.  The order of protection process can be a frightening experience for both the Petitioner and Respondent.  An order of protection is a civil order signed by a judge that restricts someone from hurting or scaring another person.  It provides legal protection for victims of sexual assault, stalking, and domestic abuse.

• Who May Obtain an Order of Protection?
• Orders of Protection Consequences
• Order of Protection Durations
• Order of Protection Violations

Who May Obtain an Order of Protection? 

If the basis of the order of protection is domestic abuse, Tennessee law requires that the Petitioner have some sort of special relationship with the Respondent.  In these types of cases, the Petitioner and Respondent must be:

• Adults or minors who are current or former spouses;
• Adults or minors who live together or who have lived together;
• Adults or minors who are dating or who have dated or who have or had a sexual relationship; 
• Adults or minors related by blood or adoption;
• Adults or minors who are related or were formerly related by marriage; or
• Adult or minor children of a person in a relationship that is described above. 

If the basis of the order of protection is sexual assault or stalking, the status of the relationship between the Petitioner and Respondent does not matter.  Both men and women may be eligible for an order of protection.  Minors can get an order of protection, but there are some special rules.

Orders of Protection Consequences

If someone is attempting to take out an order of protection against you, contacting one of the East Tennessee protective order attorneys at our Tennessee offices is an important first step in protecting your rights.  An order of protection, if granted, can have serious consequences.  An order of protection could include the following:

• order you not to communicate or contact the Petitioner;
• order you not to stalk the Petitioner;
• require you to pay spousal and/or child support;
• award temporary custody of, or establish temporary visitation rights with regard to, any minor children born to or adopted by the parties;
• award the Petitioner sole possession of the residence or force you to provide alternative housing for the Petitioner;
• require you to attend counseling programs;
• forbid you from possessing, owning or buying firearms;
• make decisions regarding any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household;
• require you to pay court costs; and
• order you to do a variety of other things.

Order of Protection Durations

Typically, an order of protection can last up to one year, although the Petitioner can ask for the order to be extended beyond one year.  The court may extend the order of protection up to five years if the Respondent is found to be in violation of the order of protection.  The court may extend the order of protection up to ten years if the respondent is found to be in a second or subsequent violation of the order of protection. 

Order of Protection Violations

It is important to realize that the terms of the order of protection cannot be changed by agreement of the parties.  Only the court can change the order of protection once the order goes into effect.  If the Respondent violates the order of protection, he or she could face additional consequences.  A violation of the order of protection by the Respondent could constitute contempt of court, and potential penalties include up to ten days in jail and a fifty-dollar fine for each violation.  It is further considered a Class A misdemeanor if a person knowingly violates an order of protection.  Class A misdemeanors in the state of Tennessee are generally punishable with up to eleven months and twenty-nine days in jail and/or a $2,500.00 fine.  The Respondent is further subject to prosecution for aggravated assault, a class C felony, if he or she violates the order under certain circumstances.  Contact one of our Sevierville protective order attorneys if you have been charged with violating an order of protection. 

Contact the Family Law Attorneys at Baker Associates

Contact one of our Knoxville family law attorneys if you or someone you know needs help with a protection order. Our family law attorneys serving the Knoxville, Sevierville, and Pigeon Forge areas can be contacted online or toll-free at 866-853-2888.  Contact Baker Associates today  to schedule a free consultation.

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Contact the Knoxville family law attorneys at our firm serving Sevierville and all of Tennessee to schedule a consultation to review your case.

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601