Orders of Protection Attorney Serving Nashville, Tennessee

Orders of protection, legally known as "restraining orders" in some jurisdictions, are court-issued mandates designed to protect individuals from harm or harassment. In Tennessee, these orders require the person named to refrain from contacting or coming near the petitioner, who alleges to be at risk of domestic abuse. The primary aim of an order of protection is to ensure the safety and well-being of those who are vulnerable or have experienced threats to their personal security. 

In order for someone to qualify for an order of protection, there must be a domestic relationship between the parties. This can include marriage, a dating or romantic relationship, siblings, familial ties, or roommates. Furthermore, the allegations must pertain to domestic abuse, threat of domestic abuse, harassment, sexual assault, threatening a pet, or stalking. These criteria help determine the eligibility for seeking an order of protection. 

If you have been served with an order of protection, you have a right to contest it and have a hearing. You need to act fast to obtain counsel to represent you. If an order is granted, you could lose your children, your home, your right to own a firearm, and your reputation. 

Unparalleled Defense for Order of Protection Violations

At Moreland Law Firm, we comprehend the seriousness of confronting charges for breaching an order of protection. We understand the intricacies of domestic abuse allegations and the profound impact they can have on individuals and families. We're committed to delivering top-tier defense for clients, no matter how complex their cases may be.  

We believe in the importance of these orders, and we know that their existence aims to prevent further harm to victims. But we also know that, sometimes, these orders can be abused or wrongfully issued. That's why we're here, to ensure that your side of the story is heard and that your rights are protected.

How Orders of Protection Work

Before we can build your defense, you need to have a basic understanding of what you're up against. An order of protection serves as a crucial legal safeguard for victims of domestic abuse, sexual assault, or stalking. These powerful documents were designed to prevent further harm to the victim, sending a clear message that violent behavior is neither excused nor tolerated. 

This order can be obtained by individuals who have a relationship with the alleged abuser or by victims of sexual assault or stalking. There's no deadline for filing an order of protection, allowing victims to seek help when they're ready, without the pressure of a ticking clock. And it's worth noting that you don't need to file a police report or press criminal charges to obtain one. 

One of the key features of an order of protection is its ability to be issued without the respondent being present. This allows for immediate safety measures to be put in place. Plus, if the order needs to be issued or extended, the court may even require the respondent to cover all court costs.  

Orders of protection aren't limited by county lines either. They're valid and enforceable in any county of the state. And if you've moved from another state, your valid order of protection will be given full faith and credit here too. 

The order can incorporate various provisions, depending on the specifics of your situation. These can include:  

• directives for the respondent to refrain from committing or threatening abuse,  

• prohibitions on contact with you,  

• granting you possession of the residence,  

• awarding temporary custody or visitation rights for minor children,  

• providing financial support, and  

• even ordering the respondent to attend counseling programs. 

Violation Consequences

Violations of an order of protection can have significant consequences. They may result in civil or criminal contempt charges, misdemeanor offenses, the possibility of extending the order, or even arrest.  

These consequences serve as a strong deterrent, helping to ensure that the order is respected, followed, and upheld by all parties involved.  

How Long do Orders of Protection Last?

Orders of protection last for a specific, definite period of not exceeding one year. But they can be extended upon motion. When extending an order, the court will consider the following:  

• The order of protection's effectiveness in stopping their violent or abusive behavior.  

• Whether or not the petition fears the respondent will continue their behavior. 

Eligibility and Ex Parte Orders

A petitioner must demonstrate to the court a domestic relationship with the respondent and that incidents of domestic violence, stalking, or harassment have occurred.  

When a petitioner feels in immediate danger, they may request an Ex Parte Order of Protection, which is a temporary measure taken without the respondent's knowledge or participation. This type of order remains in effect until a formal hearing, which usually takes place within 15 days, to determine whether a permanent order of protection is warranted. 

The Ex Parte Order of Protection affords immediate, albeit provisional, relief to the petitioner by placing restrictions on the respondent. During this critical period, the respondent must seek legal counsel to prepare for the upcoming hearing. An experienced criminal lawyer can help evaluate evidence, strategize a defense, and represent the respondent adequately in court, ensuring that their side of the facts is presented in a cogent and compelling manner. 

Why Choose Moreland Law Firm?

Our trial lawyer, Jay Moreland, has made a name for himself as a fierce advocate for his clients. Born and raised in Nashville, Jay's deep-rooted passion for justice, coupled with his relentless drive to protect the rights of his clients, sets him apart in the legal community. 

Jay's aggressive and effective litigation strategies have earned him respect in courtrooms across Nashville and beyond. He's not afraid to challenge the prosecution and go toe-to-toe with the state to secure the best possible outcome for his clients. 

At Moreland Law Firm, we believe that financial constraints should never stand in the way of justice. We advocate tirelessly to ensure that court costs and fees are assessed fairly. We firmly stand by our clients, ensuring they aren't burdened with undue financial stress while navigating the legal system.  

Order of Protection Attorney Serving Nashville, Tennessee

If you or a loved one has been served an order of protection, don't wait to get legal help. Contact Moreland Law Firm today for top-tier representation and unparalleled defense. When you choose our criminal defense attorney, you're choosing a team that will stand by you, fight for you, and work tirelessly to protect your rights. Contact our Nashville firm today to learn more about how we can help you overcome this uncertain time and secure a brighter future.