Some court cases in Tennessee culminate in final orders of protection separating the parties. Other cases include temporary protection or no-contact orders, usually left in place while other criminal cases are pending. Understanding how these court orders work is essential to compliance. You need to know if you are subject to an order issued by a Tennessee court and to know when and how you may petition for relief if you believe you need protection from another party. A Memphis attorney with The McDaniel Law Firm may be able to advise you regarding your legal recourse, whether you find yourself needing to petition a Tennessee court for an order of protection or, on the other hand, surprised by suddenly receiving notice that a no-contact order has been put in place.
Petitions for orders of protection are not always submitted on an emergency basis, but the nature of the circumstances under which a petitioner qualifies for a court order barring contact are such that the petitions often include a request for an “ex parte” order, a legal term of art which, when applied to a court order, means that order is entered without notice to an affected party. The burden is on the petitioner to show “good cause” for this departure from the normal procedures for notice that would otherwise apply.
If the court does grant an ex parte petition for an order of protection under Part 6, then T.C.A. § 36-3-605 requires that a hearing be held within no more than 15 days from the date the order is granted. The court ensures that a copy of the order is served on the respondent restrained by that order no fewer than five days before the scheduled hearing; in the rare event that the respondent cannot be found and served within the prescribed window, the court will “continue” the hearing and leave the ex parte order in place until the hearing can be held. In practice, the 15-day maximum requirement and the five-day minimum requirement establish a range within which the hearing will be held. Once a respondent is served, the judge will offer them time to hire an attorney if they choose to. An order of protection is a civil matter, and therefore the parties do not require an attorney.
However, an attorney from The McDaniel Law Firm can help you understand your options, prepare for the hearing, and advocate for your interests.
Civil orders of protection can often be highly disruptive to the individual against whom they are issued. In large part because civil orders of protection are so closely linked to cases alleging domestic abuse, individuals served with no-contact orders may be obliged to vacate their accustomed living quarters. Tennessee also parallels federal law by requiring individuals subjected to extended orders of protection to surrender any firearms in their possession; the timelines and procedures are outlined in T.C.A. § 36-3-625. In cases where the protective order arises in the context of an ongoing family law case (e.g., divorce or child custody), a civil order of protection barring contact may be accompanied by a temporary order for support (e.g., child support).
The complexity of the process and seriousness of domestic abuse cases, viewed from the perspective of either party, can make it daunting to approach without support, so often affected individuals will seek legal counsel from an attorney with experience in Tennessee’s criminal as well as civil courts. At The McDaniel Law Firm, we understand the tensions that navigating orders of protection can create for both petitioners and respondents, and we make sure that our clients understand what to expect from the legal process at each step of the way.
Another feature of Tennessee civil orders of protection that many respondents served with such orders for the first time may not realize is that violations of court orders associated with a civil case can nonetheless result in criminal charges. Peace officers are required by law to execute an arrest when there is probable cause to believe that an individual has violated an order of protection.
Violation of a no-contact order under Part 6 is treated as a Class A misdemeanor domestic violence charge, and may also be prosecuted separately as an instance of criminal contempt. Even an infraction that seems “minor” to the individual responsible may lead to onerous fines, or worse. Moreover, a violation of court orders can adversely affect a respondent’s case by creating a negative impression with the judge presiding over the matter.
Unfortunately, the legal language in which court orders tend to be written can sometimes be difficult for laypeople to interpret, increasing the likelihood of inadvertent violations. An experienced Memphis attorney may be able to review the order in your case and help you make a plan for compliance, whether you are looking at temporary orders in a pending case or preparing yourself to adjust to permanent orders establishing a new status quo.
Appeals From the General Sessions Courts
Appeals From the Circuit or Chancery Courts
An order of protection is a court order that limits or prohibits contact between two individuals, often in cases involving allegations of domestic abuse, harassment, or threats. These orders can be temporary or long-term depending on the circumstances.
An ex parte order is a temporary order issued without prior notice to the other party. It is typically granted in urgent situations and remains in place until a hearing is held, usually within 15 days.
Once an ex parte order is granted, the respondent must be formally served with the order. A hearing will then be scheduled where both parties have the opportunity to present their side, and the court will decide whether to issue a final order of protection.
You are not required to have an attorney, but having legal representation can be extremely helpful. An attorney can help you understand the process, present your case effectively, and protect your rights.
Violating an order of protection can result in immediate arrest and criminal charges. In Tennessee, a violation is typically charged as a Class A misdemeanor and may also lead to additional penalties, including fines or jail time.
Can I accidentally violate a no-contact order?
Yes. In many cases, individuals subject to an order of protection may be required to leave their home, even if they previously lived there. The order may also affect access to shared property or belongings.
In some cases, yes. Final orders of protection may be appealed, but strict deadlines apply—sometimes as short as 10 days. It is important to act quickly if you are considering an appeal.
Take the order seriously and review it carefully. Do not attempt to contact the other party. Speak with an attorney as soon as possible to understand your rights, your obligations, and your options moving forward.
If you need an order of protection in a Tennessee domestic abuse case, or if you have recently been served with a no-contact order and are not sure what happens next, consider reaching out to a member of the Memphis legal team at The McDaniel Law Firm. Our experienced and knowledgeable staff are prepared to take your call, and we pride ourselves on helping clients understand their legal options and the procedural steps involved as they navigate complex matters such as protective orders. Call 901-527-6518 today to connect with an attorney at our office today.
