Getting An Order Of Protection

An Order of Protection is a paper signed by a Judge to protect you from certain people who have hit you or threatened you. You can get an Order of Protection without a lawyer. 

Who can I get an Order of Protection against?

You can file for an Order of Protection if one of these people has hit or threatened you: 

• Your past or present husband or wife 
• Your child's other parent 
• Someone you live with or have lived with 
• Someone kin to you by blood or marriage. 

How does an Order of Protection help? 

• It orders the abuser not to bother you. You can have the abuser arrested on the spot if he or she bothers you after he or she knows about the Order. 
• It can make your abuser move out, or pay for another place for you and your children to live. 
• It can let the abuser live with you but order him or her not to hurt or threaten you. 
• It can give you temporary custody of the children. 
• It can order the abuser to pay support money for you and/or the children. 

  IMPORTANT

  You may not be safe just because you have an Order of Protection. After you file for the Order, you may still need a safe place to stay.

How do I file for an Order of Protection?

You always have the right to try to get an Order of Protection. You do not have to file within a certain number of days after your abuser hits or threatens you. But it is a good idea to file right away.

Go to the Clerk's office for the domestic relations court, or the general sessions court for Anderson County. (Note: under the Tennessee Code, TCA 36-3-604, the Clerk has exclusive responsibility for this function.) Tell them you want an Order of Protection. They will help you fill out a paper called a petition. It asks the Judge to give you an Order of Protection. Do not stretch the truth or make things up in your petition. That will hurt your case and could lead to criminal charges against you.

There is no charge for filing an Order of Protection. The Judge decides later who must pay the fee. If the Judge gives you an Order of Protection after a hearing, your abuser will have to pay the fee. But you will have to pay it if you drop the charges or if the Judge does not give you the Order of Protection.

The Clerk's office will tell you when to come back for a hearing before the Judge. Be sure to write down the date and place so you won't miss it. Call the Clerk a day before the hearing to be sure your case is scheduled.

What happens after I file?

• The Judge signs an Ex Parte ("ex par-tay") Order:
  The Judge reads your petition. If the Judge decides you need an Order of Protection, the Judge will sign one right away. This "ex parte" order is a temporary order until the Judge holds a hearing. It orders your abuser to leave you alone. Once the abuser knows about the order, you can have them arrested on the spot if they hit or threaten you again. The ex parte order does not cover child support, custody or whether the other person must move out of the house. That can only be done after a hearing.

• The Clerk gives you a signed copy of the Ex Parte Order:
  If the Judge signed your Ex Parte Order of Protection, the Clerk's office will hand you a signed copy. Save your copy of the Order to show to the police, your boss, school officials, or the landlord if you need to.

• The Sheriff tells the abuser about the Order:
  After the Judge signs the Ex Parte Order, the Sheriff's Office will try to find the abuser. When they do, they will read the Order to the abuser and tell him or her about the hearing date.

• You go to a court hearing on the Order of Protection 

Preparing For and Attending the Hearing:
It is important to go to the hearing. If you do not go, the Judge will dismiss your case and you will have to pay the filing fee. The Judges understand that you may be scared about the hearing. You do not have to have a lawyer for the hearing, even if the other person has one. But you may want a lawyer, if the other person has one. You can ask the Judge to give you time to get a lawyer.You can ask the Victim/Witness Coordinator in the District Attorney's Office to assist you in finding a lawyer.

To get an on-going Order of Protection, you must show the Judge that you are in danger. Before the hearing, think about questions you might be asked. Be ready to give short, simple, truthful answers. Wear your good clothes to court. Do not wear shorts or blue jeans. 

Bring to court any proof you have that the other person hit or threatened you. You can use a doctor's report, a police report or pictures of your injuries. You should bring as witnesses anyone who saw it happen or saw your injuries or heard your abuser admit it. People you told about it usually cannot help you at the hearing. 

At the Hearing:
The Judge will ask you what happened. Stick to the facts about when you were hit or threatened. The Judge will need to know when and where you were hit or threatened and exactly what the abuser did. Do not talk about trouble with the abuser's friends or family. Be sure to tell the Judge if the other person has hurt you before and if you had to see a doctor or leave home. Also tell the Judge if you have taken out a warrant for assault and battery or other criminal charges. The Judge will let your abuser ask you questions. Do not let this upset you. The Judge may also let you ask questions.

What can the Judge decide at the hearing? 

• The Judge can stop the Order of Protection if the Judge thinks you have not shown you were in danger.
• The Judge can make the Order of Protection last up to a year.
• The Judge can make your abuser move out of the house or pay for another place for you to live.
• The Judge can give you temporary custody of the children. The Judge can also set rules for visits with the children. The Judge can require another adult to be at the visits if it would be dangerous to leave the children alone with the abuser.
• The Judge can order your abuser to pay child support if he or she is the parent of your child. The Judge can order the abuser to support you if you are married. The Clerk's office will give you a copy of the Judge's Final Order of Protection. Make several copies. You should always have one with you and one in a safe place.

Other rights when you call the Police:

Whether or not you have an Order of Protection, you have certain rights. If you have been hurt, call the police immediately. They can arrest the other person even if they did not see it happen, as long as they have "probable cause" to believe the other person hurt you and may do it again. They decide this based on what you and other witnesses tell them. Also, when the police come because you have been hurt by someone you have lived with or have a child with, they should always do these things:
• Offer to take you to a shelter or somewhere else safe like the home of a friend or relative.
• If you don't want a ride, they should tell you about your legal rights and services that might help you.