Nashville Order of Protection Lawyer | Protecting Your Rights
Being served with an Order of Protection—commonly called a restraining order—can be overwhelming. These orders are often issued quickly, sometimes without your side of the story being heard. They can force you to leave your home, restrict contact with your children, and even affect your job or professional license.
In Tennessee, Orders of Protection are serious legal matters that carry criminal consequences if violated. If you’ve been served with one in Nashville or anywhere in Davidson County, you need an attorney who understands how to challenge these orders and protect your rights. Attorney Erik Herbert is an experienced Nashville criminal defense lawyer who has represented clients in thousands of cases, including those involving domestic violence allegations and restraining orders.
What is an Order of Protection?
An Order of Protection is a court-issued document that prohibits one person (the respondent) from contacting or coming near another person (the petitioner). These orders are most often connected to domestic violence, stalking, or harassment cases.
Types of Orders of Protection in Tennessee
- Ex Parte Order (Temporary): Issued immediately based on a petition, without notifying the respondent first. Lasts until a full hearing (usually within 15 days).
- Extended Order of Protection: Issued after a court hearing where both parties can present evidence. Can last up to 1 year and may be extended.
Restrictions an Order May Include
- No contact (in person, phone, text, email, social media)
- Prohibition from going to the petitioner’s home, work, or school
- Requirement to move out of a shared residence
- Temporary custody or visitation restrictions for children
- Prohibition on firearm possession
Who Can File an Order of Protection in Tennessee?
According to Tennessee Code Annotated § 36-3-601, eligible petitioners include:
- Current or former spouses
- People who live together or used to live together
- Individuals in a dating or sexual relationship
- Family members (parents, children, siblings)
- People who share a child
Victims of stalking or sexual assault
Consequences of an Order of Protection
Many people underestimate the impact of these orders. Even without a criminal conviction, an Order of Protection can cause:
- Loss of Gun Rights: Federal law prohibits firearm possession if an order is active.
- Custody Issues: Judges may restrict visitation or custody rights.
- Housing Disruption: You may be forced to leave your home.
- Employment Impact: Employers may view you negatively if they discover the order.
Criminal Charges: Violating an order—even accidentally—can result in immediate arrest and new charges.
Defending Against an Order of Protection
Orders of Protection are often based on one person’s allegations. At the hearing, the petitioner must prove their claims by a preponderance of the evidence. Erik Herbert builds defenses by challenging the credibility of the allegations and presenting your side of the story.
Common Defense Strategies
- False Allegations: Orders are sometimes filed during divorce or custody disputes to gain leverage.
- Lack of Evidence: Many petitions are based on vague claims without proof.
- Self-Defense: Actions may have been taken to protect yourself or others.
- No Relationship: If the required relationship doesn’t exist, the order may not apply.
Witness Testimony: Friends, family, or neighbors can testify to contradict the petitioner’s claims.
The Legal Process in Nashville
Step 1: Petition Filed
The petitioner files for an Order of Protection at Davidson County Court.
Step 2: Ex Parte Order (Temporary)
A judge may issue a temporary order without notifying you first.
Step 3: Service of Order
You are formally served by law enforcement and required to comply immediately.
Step 4: Court Hearing
Usually scheduled within 15 days. Both sides can present testimony, evidence, and witnesses. This is your chance to defend yourself.
Step 5: Judge’s Decision
If granted, the extended order lasts up to 1 year. If denied, the temporary order is lifted.
Orders of Protection and Criminal Charges
Orders of Protection are civil matters, but they are often tied to criminal charges such as domestic assault or harassment. Even without criminal charges, violating an order is a crime.
- Violation Penalties: Up to 11 months and 29 days in jail, fines, and additional restrictions.
- Repeat Violations: Can result in felony charges.
Erik Herbert defends clients in both the civil order process and related criminal cases.
Why Hire Erik Herbert as Your Nashville Order of Protection Lawyer?
- Experienced Representation: Thousands of criminal and domestic cases handled.
- Aggressive Defense: Challenges false or exaggerated allegations.
- Local Knowledge: Familiar with Davidson County judges and procedures.
- Comprehensive Approach: Handles both civil orders and related criminal charges.
Client-Centered: Focuses on protecting your reputation, rights, and future.
FAQs About Orders of Protection in Tennessee
Q: How long does an Order of Protection last?
A: Temporary orders last until the hearing (about 15 days). Extended orders last up to 1 year but can be renewed.
Q: Can an Order of Protection be dropped?
A: Yes, the petitioner can request dismissal. However, the judge makes the final decision.
Q: What happens if I violate an Order of Protection?
A: You can be arrested immediately and face up to 11 months and 29 days in jail.
Q: Can an Order of Protection affect child custody?
A: Yes. Judges often restrict or supervise visitation if an order is in place.
Q: Is an Order of Protection the same as a restraining order?
A: Yes. In Tennessee, “Order of Protection” is the legal term, but many people call it a restraining order.
If you’ve been served with an Order of Protection in Nashville, the stakes are too high to face it alone. An experienced attorney can help you fight false allegations, protect your rights, and prevent long-term consequences.
Contact Nashville order of protection lawyer Erik Herbert today for a confidential consultation.