Orders of Protection in Tennessee
Nashville Orders of Protection Lawyers
An order of protection is not “just a piece of paper.” It is a court order that can remove you from your home, restrict your access to your children, require you to surrender your firearms, and expose you to criminal charges if you are accused of violating it. At the same time, for genuine victims of domestic abuse, stalking, or sexual assault, an order of protection can be a critical safety tool.
Freeman & Fuson represents people on both sides of these cases in Middle Tennessee: those who need protection, and those who have been wrongly accused and are fighting to keep their rights. We understand how Tennessee’s order of protection laws work, how they interact with criminal charges and divorce, and how high the stakes really are.
What Is an Order of Protection in Tennessee?
An order of protection is a court order signed by a judge that prohibits one person from contacting, abusing, threatening, or coming about another person. In Tennessee, most domestic orders of protection are governed by T.C.A. § 36-3-601 et seq., which covers allegations of
- Domestic abuse
- Stalking
- Sexual assault
- Sexual exploitation of a minor
An order of protection can:
- Prohibit any direct or indirect contact with the petitioner
- Remove you from a shared residence
- Grant temporary possession of the home, vehicles, or other property
- Award temporary custody of children and set temporary visitation conditions
- Require temporary support or payment of certain bills
- Require you to surrender firearms and prevent you from owning or possessing them
Violating an order of protection can lead to criminal charges under Tennessee law (including violation of an order of protection and related offenses), with potential jail time, fines, and extensions of the order for up to five years, and in repeat-violation situations, up to ten years.
If you have been served, you are under a court order the moment you receive it—even if you disagree with the accusations.
Who Can Get an Order of Protection?
Tennessee law allows the following people to seek a domestic order of protection:
- Spouses and former spouses
- Dating or sexual partners (including former partners)
- Roommates or former roommates
- Family members related by blood or marriage
- People who have lived together or share a child
They must claim that they are the victim of domestic abuse, stalking, sexual assault, or similar conduct, or that they have been threatened in a way that places them in fear. Orders can also be obtained to protect children.
Unfortunately, we also see orders of protection used as tactical weapons—to gain leverage in divorce cases, child custody disputes, or out of anger in relationship breakups. That’s why having experienced counsel is critical whether you are seeking protection or defending against accusations.
How Does Someone Get an Order of Protection?
The basic process usually looks like this:The basic process usually looks like this:
Filing the Petition
The person seeking protection goes to the police department or the circuit or general sessions court clerk and fills out a petition for an order of protection. They explain in writing why they believe they need protection.
Ex Parte (Temporary) Order
A judge or magistrate reviews the petition. If the judge finds sufficient allegations, an ex parte (temporary) order of protection may be issued without you being present.
Service of the Order
The sheriff or other authorized officer serves you with the petition and the temporary order. At this point, you must obey the order—even though you haven’t yet had your hearing.
Hearing in a Few Days
The court sets a hearing, usually within a short time frame. At that hearing, both sides have the opportunity to present evidence and testify. The judge then decides whether to:
- Dismiss the petition,
- Enter an order of protection (usually for up to one year initially), or
- Enter some modified form of relief.
We represent clients at every step—from emergency advice when you’re first served, to full hearings with witnesses and evidence.
How Does an Order of Protection Work?
Once an order of protection is in place, you are under a court order
not to contact or come about the alleged victim in any way the order prohibits.
Violations can be enforced in two main ways:
- Criminal Enforcement
If the alleged victim calls 911 and reports a violation, you can be arrested and charged criminally. A conviction can mean jail, fines, and a criminal record—plus the order can be extended for years. - Civil Contempt
The petitioner can also file a civil contempt petition in the order of protection case. If a judge finds that you violated the order, they can:
- Extend the order of protection for up to five years, and
- For subsequent violations, extend it up to ten years,
- Impose additional sanctions or conditions.
Because the consequences are so serious, you should never ignore an alleged violation or “just show up” to talk things out. That can make everything worse.
What If I Am Falsely Accused?
More and more, orders of protection are being used for purposes other than genuine safety concerns. We regularly see petitions filed to:
- Gain leverage in a divorce
- Get immediate possession of a home or property
- Gain a tactical advantage in a child custody case
- Punish or “get back” at a former partner
If you have been falsely accused, you must take the case seriously. A granted order of protection can:
- Force you out of your home
- Limit or eliminate visitation with your children
- Require you to pay support and expenses
- Strip you of your right to own or possess firearms
- Be used against you in divorce, custody, and even employment matters
We work to defeat false or exaggerated petitions by:
- Preparing you thoroughly to testify
- Cross-examining the petitioner and their witnesses
- Presenting witnesses, texts, emails, and other evidence that support your side
- Exposing inconsistencies, motives, and ulterior purposes
When You Need Protection
Freeman & Fuson also pursues orders of protection for clients who genuinely need safety.
If you have experienced domestic abuse, threats, stalking, or sexual assault, we can:
Help draft a clear, detailed petition
Coordinate with law enforcement when appropriate
Represent you at the hearing and present evidence of abuse
Seek terms that protect you and your children, including custody and support provisions
Your safety—and your children’s safety—comes first. We take that responsibility very seriously.
The “Trifecta”: Domestic Assault, Order of Protection & Divorce
In many cases, an order of protection does not stand alone. It comes as part of what we call the “trifecta”:
- You are charged with domestic assault,
- You are served with an Order of Protection, and
- You are served with a Complaint for Divorce.
One argument turns into a police call; someone is arrested for domestic assault; then the other spouse files for an order of protection and a divorce. Suddenly you are out of your home, away from your children, facing criminal charges, and fighting for your parental and property rights—all at once.
How the Trifecta Impacts Divorce
Immediate Leverage for the Petitioner
A granted order of protection at the start of a divorce can give the alleged victim a significant advantage: temporary possession of the home, temporary custody of the children, and sometimes temporary support—all before the divorce court has fully heard your side.
Removal from the Home
If an order of protection is granted, you will almost always be required to vacate the residence. When a divorce is also pending, that order often remains in place for the entire case, unless modified by the divorce judge. That can mean being kept out of your own home for longer than a year and having all communication filtered through attorneys.
Financial Strain
You may be ordered to pay the mortgage or rent, utilities, insurance, and other marital expenses for a home you’re not allowed to live in—essentially funding two households on one income.
Impact on Children
If the children are included on the order of protection, your contact may be suspended or restricted. Even if they’re not included, exchanges may require third parties or supervised visitation. Judges in divorce and custody cases take domestic violence allegations very seriously, and even a “hint” of proven abuse can lead to supervised parenting time or other restrictions.
This combination leaves the alleged abuser extremely vulnerable and at the mercy of multiple courts. The key is to get ahead of the allegations—to fight the criminal charge, challenge or narrow the order of protection, and manage the divorce strategy in a coordinated way. Freeman & Fuson can handle all three pieces: defending the domestic assault charge, litigating or negotiating the order of protection, and guiding you through the divorce so your story is heard once, fully, and strategically across all cases.
Talk to a Nashville Orders of Protection Lawyer Today
Whether you need protection from abuse or you’ve been served with an order of protection—especially if you’re also facing domestic assault charges and divorce—you should not face it alone; call Freeman & Fuson at (615) 298-7272 or contact us online for a confidential consultation, and we’ll review your situation, explain your rights and risks, and move quickly to protect your safety, your record, your home, and your relationship with your children.