Orders of Protection in Nashville, TN
Philip N. Clark, Esq.
In Tennessee, an Order of Protection is a court-issued directive designed to safeguard victims of domestic violence, stalking, sexual assault, or threats of harm. These orders carry serious consequences for both petitioners and defendants, including restrictions on living arrangements, firearm rights, and even parental custody.
If you are seeking protection or facing allegations of violating an Order of Protection in Nashville, TN, having the guidance of an experienced criminal defense attorney like Philip N. Clark is critical.
Who Can File for an Order of Protection?
Under Tenn. Code Ann. § 36-3-601 to -625, the law provides that the following individuals may file a petition for an Order of Protection:
- Victims of domestic violence, including spouses, former spouses, or individuals in a dating relationship.
- Victims of stalking, whether through physical following, online harassment, or repeated unwanted contact.
- Victims of sexual assault, including attempted assault or ongoing threats.
Even threats, intimidation, or conduct that places a victim in fear may be enough to justify a petition.
The Legal Process for Obtaining an Order of Protection
- Filing a Petition – The victim (petitioner) files in the appropriate court in Davidson County.
- Ex Parte Order – A judge may issue a temporary Order of Protection without the accused present, lasting until a hearing is scheduled.
- Court Hearing – Typically set within 15 days, this hearing allows both parties to present evidence. The judge then decides whether to extend the order, modify it, or dismiss it.
What an Order of Protection Can Do
Orders of Protection are powerful tools that can significantly impact the accused. They may:
- Prohibit contact with the victim and children.
- Require the abuser to leave a shared home immediately.
- Award temporary child custody and set visitation rights.
- Require payment of child or spousal support.
- Restrict firearm possession.
- Protect family pets from harm.
For victims, this legal protection offers safety. For defendants, however, the implications are severe and life-changing.
Violations and Penalties
Violating an Order of Protection in Nashville is a serious criminal offense. Common violations include:
- Calling, texting, or messaging the petitioner, even indirectly.
- Approaching or following the petitioner at home, work, or public places.
- Contacting through social media or third parties.
Consequences of Violation
- Immediate Arrest – Police can arrest without a warrant if they believe a violation occurred.
- Jail Time – A violation is punishable by up to 11 months and 29 days in jail.
- Aggravated Assault Charges – If violence occurs while an order is in effect, the accused may face a Class C Felony, carrying up to 6 years in prison and fines of up to $10,000.
Why Legal Representation Matters
For petitioners, legal representation ensures the petition is properly filed and argued in court. For defendants, strong legal defense is essential to:
- Protect constitutional rights.
- Challenge false or exaggerated claims.
- Present evidence and witness testimony.
- Negotiate alternatives or dismissals where possible.
Philip N. Clark, an experienced Nashville criminal defense attorney, provides guidance for both filing and defending against Orders of Protection. His knowledge of local courts, Tennessee statutes, and domestic violence law makes him an invaluable advocate.
Domestic Violence and Orders of Protection in Tennessee
Because many Orders of Protection stem from allegations of domestic violence, courts in Davidson County treat these cases with urgency. A domestic violence allegation can affect more than just freedom—it can impact housing, employment, reputation, and family relationships.
Defendants should not underestimate the seriousness of these proceedings. Even without a criminal conviction, a protective order can restrict freedoms for years.
Call Today for Help with Orders of Protection in Nashville, TN
If you need assistance with filing, defending, or understanding the consequences of an Order of Protection, don’t delay. The earlier you act, the more options are available to you.
Contact Philip N. Clark, Esq., an experienced Nashville criminal defense attorney, for a confidential consultation today.
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