Orders of Protection
What is an Order of Protection?
An order of protection is a legal document signed by a judge prohibiting you from contacting or coming about another person. (Commonly a spouse/partner, a significant other or someone related to you by blood or marriage.) If you have been served with an order of protection you need our help because you could stand to lose your right to own or possess firearms, lose access to your home, lose custody or visitation rights with your child and you could be put in jail if you violate the order of protection.
Who can get an Order of Protection?
Spouses, former spouses, boyfriends/girlfriends, roommates and any other person related to you by blood or marriage can take out an order of protection against you if they claim to be a victim of domestic abuse, stalking or sexual assault or claim that you threatened them in some way.
How does a person take out an Order of Protection?
You may take out an Order of Protection by going to the police department, or circuit or general sessions court clerk and request an order of protection form called a petition. Once you explain why you need an order of protection, a magistrate/judge will review the information and determine whether or not there are grounds for the order of protection. The sheriff will then serve the order of protection upon the alleged abuser and a hearing will be set in front of a judge within a few days. On that court date, a judge will hear from both sides and decide if the order of protection should be granted and for how long.
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. This can be enforced in two different ways. The first is through the police or sheriff. If you violates the order of protection, the alleged victim can call 911 immediately. You can be arrested and charged criminally with violating the order of protection, which is punishable by jail time and/or fine. The other way to enforce the order of protection is through the court, by filing a petition for civil contempt. If you are found to be in violation of an order of protection a judge may extend the order of protection by up to five years, and if any subsequent violation occurs, up to 10 years.
What if I am falsely accused and an Order of Protection is granted?
More often, orders of protection are being used for purposes other than for what they were intended, which is to protect individuals from domestic assault. We see people use orders of protection to gain leverage in a divorce, get back at former spouses/significant others, or to gain an upper hand in child custody cases. If you have been falsely accused and have a pending Order of Protection contact our firm immediately. We can help defeat the order of protection and restore your rights.
Why hiring our firm is crucial in assisting with an Order of Protection?
Freeman & Fuson defends orders of protection in Middle Tennessee when our client has been wrongly accused. Freeman & Fuson has also helped clients pursue Orders of Protection when our clients need protection. Preparing your case for the full hearing is the most important step when dealing with an Order of Protection. Judges are looking for certain factors when determining whether or not to grant an order of protection. This is where you need our help. We will prepare you to fight and we will be right there with you as your advocate and legal representative. Don’t do this on your own.
Having an Order of Protection granted against you can strip you of your right to own or possess a firearm, force you out of your home, and deprive you of custody rights with your children. Also, if you violate an order of protection, you can be fined and even put in jail. All of these rights could be lost for up to one year.
Because there is so much to lose, we take the time to prepare our clients’ cases. This will include taking the time to prepare our clients to testify before the judge who will be determining your case. We also take the time contact witnesses and look for any other information that could be crucial in your case. Whether you are the one pursuing an order of protection, or being falsely accused with one, you need to be fully prepared before going in front of the judge. An order of protection can be a life altering event, so no one should go it alone.