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Table of
Contents
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A quick
overview of the legal system
The legal
system is divided into two areas: civil law and criminal law.
Civil
Law
Under civil law, one person sues another for a private wrong. In
a civil domestic abuse action, you are asking the court to
resolve the conflict between you and the perpetrator. You are
not asking the court to punish the perpetrator for committing a
crime. The protection orders we talk about on this page are
under the civil law system.
Criminal Law
The criminal law system handles cases that involve crimes such
as harassment, assault, murder, stalking, and theft. The police
may arrest the perpetrator and then the district attorney may
decide to charge the perpetrator with a crime. In many cases you
can choose whether or not to "press charges," but once someone
is arrested, the district attorney is the one who decides
whether to charge that person with a crime and how to proceed
with it.
Domestic
abuse, sexual assault, and stalking cases may involve both civil
and criminal action.
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What is a
protection order?
A protection order is a paper which is signed by a judge and
tells someone who is hurting you or scaring you to stop or face
serious legal consequences. It offers civil legal protection for
victims of :
-
domestic abuse,
-
sexual assault, and
-
stalking.
Both men and women victims may be eligible for a protection
order.
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What is
the legal definition of domestic abuse?
In terms of getting a protection order, domestic abuse is when a
household or family member does any of these things to you:
- physically hurts you,
- tries to physically hurt you,
- threatens you with
serious physical harm,
- confines your
movement or imprisons you in any way (like locking you in a
room), or
- destroys or damages
your property on purpose and maliciously.
To read the exact wording of the law, please see the definitions
section on the
TN Legal
Statutes page.
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What is the legal definition
of sexual assault?
In terms of getting a protection
order, sexual assault is when anyone:
- rapes you,
- threatens to rape you,
- makes you afraid they will rape you,
- has sexual contact with you without your consent
- threatens to have sexual contact with you without your
consent, or
- makes you afraid s/he will have sexual contact with you
without your consent.
Rape is when anyone:
- forces you to have sex without your consent,
- has sex with you if you're 13-18 years old and they're 4
or more years older than you, or
- has sex with you when you're under 13.
To read the
exact wording of the law, please see the definitions section on
the TN
Legal Statutes page.
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What is the legal definition of stalking?
Stalking is when someone
repeatedly harasses you. You have to be
harassed more than once for it to count as stalking.
Harassment is when someone contacts you
without your consent, in a way that distresses you. It includes
things like:
- following you without you saying it’s
okay,
- coming up to you when you ask them not
to,
- constantly calling you,
- keeping on showing up at someone’s house
or job (whether or not they come inside),
- sending you threatening emails, and
- dropping things off on your property that
distress you.
To count as stalking, the harassment must
also make you feel:
- terrorized,
- frightened,
- intimidated,
- threatened,
- harassed, or
- molested.
Your fear has to be “reasonable” – that a
reasonable person in your position would be scared or
terrorized, too.
For the purposes of getting a protection
order, you're considered a victim of stalking if anyone has:
- stalked you,
- threatened to stalk you, or
- made you scared that they're going to
stalk you.
To read the exact wording of the law, please see the definitions
section on the
TN Legal
Statutes page.
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Am I eligible
to file for a protection order?
Protection orders in Tennessee are designed to protect victims
of domestic abuse, sexual assault, or stalking.
If
anyone has stalked you or sexually assaulted
you, you can ask the court for a protection.
If
you someone has abused you, though, you need to have a
special relationship with them to get a protection
order. You can only seek a protection
order because of domestic abuse if the abuser is:
-
your husband or ex-husband; or
-
your wife or ex-wife; or
-
someone you live with or used to live with; or
-
anyone you are dating or used to dated; or
-
anyone you are having a sexual relationship with or used to
have a sexual relationship with; or
-
a same-sex partner you've lived with, dated, or had a sexual
relationship with; or
-
anyone you are related to by blood or adoption; or
-
anyone you are related to by marriage or used to be related
to by marriage.
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Am I eligible if I'm a minor?
Tennessee law says that minors (most people under 18)
can get a protection order, but there are some special
rules.
First, minors have to meet the same eligibility requirements as
adults. In other words, a minor must be the victim of domestic
abuse, stalking, or sexual assault to qualify for a protection
order.
Am I eligible to file for a protection order?
Second, one of your parents may need to sign your paperwork for
you before you turn it into the court. Your parents (or the
parent who has custody of you, if they don't live together) will
also get a copy of most of the paperwork you get. There's an
exception to these rule if you're trying to get a protection
order against your parent. If that's the case, you may want to
speak with a local domestic abuse program for help.
TN Links &
Resources
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What types
of protection orders are there? How long do they last?
In TN, there are two types of protection orders for victims of
domestic abuse, stalking and sexual assault:
Temporary Protection Orders (TPOs)
These are also known as "ex parte" orders. Temporary protection
orders are short-term orders that are designed to protect you
until you are issued an extended Protection Order. They may be
granted without the perpetrator’s knowledge, although the
authorities will notify him if you are granted one. You can ask
for a TPO at the same time as you ask for an Extended Protection
Order (EPO).
A temporary order lasts 15 days, or until the full hearing for
your Extended Protection Order (EPO).
Extended Protection Orders (EPOs)
EPO's are only issued after a full court hearing. They protect
you for a longer period of time and can offer you a wider
variety of protection measures than a temporary order.
Extended protection orders last up to one year. Before your
order expires, you can ask for a one-year extension.
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How can a
protection order help me?
A protection order may:
-
order the perpetrator not to call you, contact or otherwise
communicate with you, directly or indirectly
-
order the perpetrator not to stalk you
-
award you custody of your children
-
require the perpetrator to pay spousal and/or child support
-
award you sole possession of your residence (in other words,
force the perpetrator to move out & let you stay there) or
force the perpetrator to provide alternative housing for you
-
require the perpetrator to pay for the costs of the court
proceedings
-
require the perpetrator to attend counseling programs that
address violent behavior or substance abuse problems
-
forbid the perpetrator from possessing, owning or buying
firearms
-
order the perpetrator to do anything else you ask for and
the judge agrees to.
Whether or not a judge grants all or any of the measures above
depends on the facts of your case.
How much
does it cost? Do I need an lawyer?
There are no fees for filing for a protection order.
However, after the hearing, the judge will usually assign any
court costs to one of the parties. This is typically the
respondent (the perpetrator). If you drop your petition or it is
not granted, the judge may assign costs to you.
You do not need a lawyer to file for a protection order.
However, you may wish to have a lawyer, especially if the
perpetrator has a lawyer. If you can, contact a lawyer to make
sure that your legal rights are protected.
If you cannot afford a lawyer but want one to help you with your
case, you can find information on legal assistance on the
TN Links &
Resources page. Domestic abuse organizations in your area
also should be able to help you through the legal process and
may have lawyer referrals.
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What are
the steps involved with obtaining a protection order?
Step 1: Get the necessary forms.
To start your case, you will need to
fill out the necessary forms for a protection order.
You can find the forms from the civil clerk at the courthouse,
but you may want to find them before you go and fill them out at
home or with an advocate from a domestic abuse organization. You
will find links to forms online on the
TN Download
Court Forms page.
Most shelters and other domestic abuse prevention organizations
can provide support for you while you fill out these papers and
go to court. (Go to
TN Links &
Resources to find an organization in your area.)
Step 2: Carefully fill out the forms.
On the petition, you will be the "petitioner" and the
perpetrator will be the "respondent."
On the petition, in the box provided for explaining why you want
the protection order, write briefly about the most recent
incident of violence, using specific language (slapping,
hitting, grabbing, threatening, etc.) that fits your situation.
Include details and dates, if possible. Clerks and magistrates
can show you which blanks to fill in, but they cannot help you
decide what to write.
If you need immediate protection, tell the clerk that you want
to file for a temporary (ex parte) protection order. A judge can
grant you a temporary protection order if you or your child are
in immediate danger. (The perpetrator does not have to be with
you or be told you are asking the judge for a temporary order.)
Note:
Don’t sign the petition without first checking with the clerk.
You may need to sign in front of a notary public or court
official.
If you are staying at a shelter, give a Post Office Box, not the
street address. If you do not have a safe address, do not fill
it out - ask the clerk first how you can keep your address
confidential.
Step 3: Bring identification for you and identifying
information about the perpetrator, if you have it. When you
go to the courthouse, remember to bring some form of
identification. It is also helpful to bring identifying
information about the perpetrator if you have it, like:
-
a photo
-
social security number
-
addresses of residence and employment
-
phone numbers
-
a description and plate number of the perpetrator's car
-
any history of drugs, violence or gun ownership
Step 4: Go to the courthouse to file the forms.
You will need to file the forms in the county courthouse where
you live or in the county where the abuse occurred.
To file the forms, during business hours, go to the clerk of
court. Tell the clerk or the magistrate that you want to file
for a protection order against domestic abuse. If you need the
emergency protection of a temporary (ex parte) order, also tell
the clerk you need temporary order. To find contact information
for the courthouse in your area, click on
TN
Courthouse Locations & Info.
Step 5: Ex parte hearing.
When you return your petition to the court
clerk, s/he will send it to a judge. The judge may wish to ask
you questions about your petition. If you request a temporary
order to protect yourself until your hearing for the EPO, the
judge will decide whether or not to grant you the temporary
order. This is called the ex parte hearing.
If the
judge believes you or your child are in serious and immediate
danger, s/he may give you a temporary order which is good for 15
days, until your full court hearing.
Whether
the judge or magistrate grants you temporary order or not, you
will be given a court date for a full court "hearing" within 15
days. This hearing will be in front of a judge at the time shown
on the Notice of Hearing. At this hearing, the perpetrator and
you will both have a chance to explain your sides to the judge.
Note:
If
you received a temporary order, keep it with you at all times.
Step 6: Service of process.
After you file the petition and a
hearing date has been set, the court will order the appropriate
authorities to serve the perpetrator with a notice of hearing.
If you have been granted a temporary protection order, the
police or sheriff will serve the perpetrator with that as well.
Contact the police or sheriff to make sure they received your
paperwork (the notice of hearing and your temporary protection
order, if the judge granted you one). Also check to see if the
perpetrator has been served. To find your local Sheriff
Department, see our
Sheriff
Department Locations page.
If the police or sheriff have not received your paperwork, you
may wish to give them a copy of your order. (For more
information on steps you should take after receiving an order of
protection, see our What should I do when I leave
the courthouse? section below.)
Do not jeopardize your safety by attempting to serve your
perpetrator in person.
Step 7: Full court hearing.
On the day of the hearing, you must go
to the hearing to ask for an EPO, which will last for up to one
year. At the hearing, a judge will decide whether or not to give
you your EPO. See the next few questions for information about
what will happen at the hearing.
Again, it is very important for you to go to the hearing. If you
do not go to the hearing, your temporary protection order will
expire. If the perpetrator does not show up for the hearing, the
judge may still grant you a EPO or may reschedule the hearing.
You may wish to hire a lawyer to help with your case, especially
if the perpetrator has a lawyer. You can also represent
yourself. If the perpetrator shows up with a lawyer, you can ask
the judge for a "continuance" (a later court date) so that you
have time to find a lawyer. (Go to
TN Links &
Resources to find help in your area.)
If you absolutely cannot go to the hearing at the scheduled
time, you may call the judge's office to ask that your case be
"continued," but the judge may deny your request.
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What will
I have to prove at the hearing?
As the petitioner requesting a protection order you must:
-
Prove that the respondent has committed acts of domestic
abuse, stalking, or sexual assault (as defined by the law)
and
-
Convince a judge that you need the protection of a
protection order because your safety is at risk.
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What
should I do before the hearing to prepare my case?
Contact witnesses who saw the abuse or
your injuries
Anyone can be a witness – a friend, family member, children,
emergency room nurse, doctor, a stranger who saw or heard the
abuse, law enforcement officer, etc. Some witnesses may not
come to court unless they are given a subpoena which commands
them to appear and testify. Ask the court clerk about the
subpoena process. If the people you subpoenaed do not come to
the hearing, let the judge know.
Get evidence to help you prove your case. Evidence can
include:
-
What you or a witness says in court about the incident(s)
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Medical reports
-
Police reports
-
Pictures of your injuries - best if dated
-
Household objects torn or broken by the perpetrator
-
Pictures of your household in disarray after an episode of
domestic abuse
-
Weapons used
-
Tapes of calls you may have made to 911
-
Tapes of messages the perpetrator left on your answering
machine
-
Certified copies of the perpetrator’s criminal record
-
Anything else to help you convince the judge you have
suffered acts of domestic abuse and need certain relief and
protection
The more evidence you have, the greater your chances of being
granted a protection order; however, a judge will listen to your
story even if you have no evidence or witnesses.
Practice telling your story
You may want to make an outline or notes of the history
of violence between you and the respondent. You may take notes
to court with you to look at if you forget something, but if you
read from them, the judge may order that the respondent be
allowed to see them. Tell your story in your own words, but
leave out details that have nothing to do with the physical
violence or threats of violence. Also, rather than saying, "He
or she hit me," tell the judge how you were hit, where on your
body you were hit, and how many times. Be specific.
You may want to mention:
-
The most recent 2 incidents of violence,
-
The worst 2 incidents of violence,
-
Whether the respondent has a gun or other weapons, and
-
Whether the respondent has threatened to physically hurt or
kill you.
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What
should I do on the day of the hearing?
-
Be on time.
-
Dress neatly.
-
Be prepared to spend all day in court. (There may be
hearings before yours.)
-
Have your evidence ready.
-
Have your witnesses there and ready.
-
If you have subpoenaed witnesses and they are not present,
you should inform the judge.
-
Speak directly to the judge; he or she will understand if
you feel nervous.
-
Always address the judge as “Your Honor.”
-
If the perpetrator comes to court with a lawyer and you are
not represented, ask the judge for a “continuance” so you
can look for a lawyer.
-
Once your case is called, enter the courtroom and find a
seat. It is your right to take another seat if the
perpetrator sits next to you, and to receive help from court
staff in keeping the perpetrator away from you.
-
Stand when the judge enters and sit when the judge or
bailiff asks you to.
-
Relax and remain calm.
-
Take deep breaths if you feel yourself getting tense. Never
lose your temper in the courtroom.
-
Always tell the truth.
-
If you don’t understand a question, just say so.
-
If you don’t know the answer to a question, just say so.
Never make up an answer.
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What is
the order of events in the courtroom?
-
At the hearing, everyone who will testify will swear or
affirm to tell the truth.
-
Since you are the petitioner, you will tell your side of the
story first.
-
The judge and the respondent (the perpetrator) may ask you
questions, which you must answer truthfully. If you are
scared to answer any of them, tell the judge.
-
When you are finished, your witnesses may speak. You may ask
them questions, and then the judge and the respondent will
have a turn to ask them questions.
-
The respondent will tell his or her side. It may be very
different from yours. After the respondent tells his story,
you and the judge are allowed to ask him questions.
-
The judge will make a decision after hearing both sides and
considering the evidence.
-
If the judge decides in your favor, the judge will sign an
extended protection order (EPO). The EPO will have boxes
checked or things written in by the judge that the
respondent has been ordered to do. The judge can order the
EPO to be effective for as long as one year. (Before the
year is over, you may apply to the court to have your EPO
extended. You will have to go to a short hearing to tell a
judge why you need it extended.)
-
You will be given a copy of the EPO. Review it carefully
before you leave the courthouse. If you have ANY questions
about it, be sure to ask the judge.
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What
should I do when I leave the courthouse?
-
Review the order before you leave the courthouse. If
something is wrong or missing, ask the clerk to correct the
order before you leave.
-
Make several copies of the protection order as soon as
possible.
-
Keep a copy of the order with you at all times.
-
Leave copies of the order at your work place, at your home,
at your children's’ school or daycare, in your car, with a
sympathetic neighbor, and so on.
-
Give a copy to the security guard or person at the front
desk where you live and/or work.
-
Give a copy of the order to anyone who is named in and
protected by the order.
-
If the court has not given you an extra copy for your local
police, take one of your extra copies and deliver it to
them.
-
You may wish to consider changing your locks and your phone
number.
One week
after court, call your local law enforcement offices to make
sure they have received copies of the EPO from the clerk.
You may
also wish to make a safety plan. Women can do a number of
things to increase their safety during violent incidents, when
preparing to leave an abusive relationship, and when they are at
home, work, and school. Many batterers obey protection orders,
but some do not and it is important to build on the things you
have already been doing to keep yourself safe. Click on the
following link for suggestions on
Safety Planning.
(You can access the safety planning information any time from
the WomensLaw.org Home
page.)
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I was not
granted a protection order. What are my options?
If you are
not granted a protection order, there are still some things you
can do to stay safe. It might be a good idea to contact one of
the domestic abuse organizations in your area to get help,
support, and advice on how to stay safe. They can help you
develop a safety plan and help connect you with the resources
you need. For safety planning help, ideas, and information, go
to our Safety
Planning page. You will find a list of Tennessee resources
on our TN
Links and Resources page.
Domestic
abuse, stalking, and sexual assault are all against the law.
Whether or not a judge gives you a protection order, you have
the right to report a crime to the police and request that they
press charges against the perpetrator.
You may
also be able to reapply for protection order if you have new
evidence to show the court that domestic abuse did occur, or if
a new incident of domestic abuse occurs after you are denied the
order.
If you
believe the judge made an error of law, you can talk to someone
at a domestic abuse organization or a lawyer about the
possibility of an appeal. Generally, appeals are complicated and
you will most likely need the help of a lawyer.
TN Links and
Resources.
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What if
the perpetrator violates the order?
Violating a
protection order is against the law. There are 2 ways to get
help if the perpetrator violates the protection order.
Through
the Police or Sheriff (Criminal).
If the perpetrator violates the protection order, call 911
immediately. In some cases, the respondent can be arrested right
away and held in jail for at least 12 hours. Tell the officers
you have a protection order and the respondent is violating it.
If the respondent is arrested, then the District Attorney can
prosecute the perpetrator because it is a crime to violate a
protection order. If found guilty of a violation of a protection
order, the respondent may be put in jail.
Through
the Civil Court System (Civil).
You may file for civil contempt for a violation of the order.
The perpetrator is in "civil contempt" if he or she does
anything that your protection order orders him or her not to do.
To file for civil contempt, go to the clerk's office and ask for
the forms to file for civil contempt.
Note:
Beginning on July 1, 2006, if the respondent is found to
be in violation of the order, the court may extend the order of
protection up to five (5) years. If the respondent is found to
be in a second or subsequent violation of the order, the court
may extend the order of protection up to ten (10) years.
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How do I
change or extend the protection order?
To modify
your order, go back to the court where you got it and file a
petition with the clerk.
You can extend a protection order for one year by filing another
petition. After filing for an extension, the process is very
similar to getting your first protection order. You will need to
explain to the judge why you need continued protection.
It is important that you file for an extension before your first
protection order expires, or else you may have to start over.
A hearing must be scheduled within 15 days of your filing the
petition to extend your order for another year. The judge may
issue a temporary order to protect you until the time of the
hearing if he or she believes you are at risk. At that hearing
the judge will decided whether or not to grant the extension
based on the facts of the case.
You may be able to extend your protection order more than once,
though to do so you would have to return to court each year.
Note:
Beginning on July 1, 2006, if the respondent is found to
be in violation of the order, the court may extend the order of
protection up to five (5) years. If the respondent is found to
be in a second or subsequent violation of the order, the court
may extend the order of protection up to ten (10) years.
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What
happens if I move?
If you move within Tennessee, your order will still be valid and
good. It is a good idea to call the clerk of court where you
received the order originally to tell them your new address so
that they can contact you if necessary.
Additionally, the federal law provides what is called "Full
Faith and Credit," which means that once you have a criminal or
civil protection order, it follows you wherever you go,
including U.S. Territories and tribal lands. Different states
have different rules for enforcing out-of-state protection
orders. You can find out about your state’s policies by
contacting a domestic abuse program, the clerk of courts, or the
prosecutor in your area.
If you are moving out of state, you should call the domestic
abuse program in the state where you are going to find out how
that state treats out-of-state orders. If you are moving to a
new state, you may also call the National Center on Full Faith
and Credit (1-800-903-0111) for information on enforcing your
order there.
Note: Civil protection orders may not be enforceable on
military bases, and military protection orders may not be
enforceable off base. Please check with your local police
department, court clerk, and/or domestic abuse advocate for more
details. Please see our
Military Info
page for more information.
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Can I get more specific information about protection orders
in my county?
The Legal Aid Society of Middle Tennessee publishes pamphlets
with specific information on protection orders in the following
counties:
-
Cannon
-
Cheatham
-
Davidson
-
Dickson
-
Houston
-
Humphreys
-
Macon
-
Montgomery
-
Robertson
-
Rutherford
-
Smith
-
Stewart
-
Sumner
-
Trousdale
-
Williamson
-
Wilson
Please visit
www.sitemason.com/site/ivbvtC/brochures for information on
getting a protection order in these counties.
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