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.
Understanding the Bail and Bond Process in Davidson County
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.
Understanding the Immediate Impact of Being Served
When you receive an Order of Protection, your life can change instantly. Unlike with criminal charges, where you have time to prepare your defense before restrictions are put in place, an Order of protection goes into effect immediately after it is served. This means that before you even have a chance to tell your side of the story in court, you might already be prohibited from going back to your home, seeing your children, or contacting certain people.
This immediate impact is one of the most difficult aspects of Orders of Protection. You may need to quickly find a new place to live, arrange alternative childcare, or explain to your employer why you need time off from work for legal proceedings. This can be emotionally taxing, especially if the allegations are untrue or exaggerated.
It’s important to understand that even innocent contact can lead to criminal charges. If your children call you or you happen to meet the petitioner in a public place, you could be accused of breaking the law. That’s why it’s essential to have immediate legal representation to help you navigate these restrictions while building a defense for your case.
How Orders of Protection Affect Professional Licenses
For professionals who hold state licenses, such as teachers, nurses, doctors, lawyers, real estate agents, and contractors, an Order of Protection could have serious career consequences. Many professional licensing boards require disclosure of civil protection orders and may suspend or revoke licenses based on their existence, even if the person has not been convicted of a crime.
Healthcare professionals, in particular, face strict scrutiny. Nurses and doctors licensed by the Tennessee Department of Health are required to report any Order of Protection. The board may initiate disciplinary proceedings, and teachers certified by the Tennessee Education Department may face immediate suspension while an investigation is ongoing.
Financial professionals, including those with securities licenses, may need to report orders to regulatory bodies, such as FINRA. Real estate agents are required to disclose orders to the Tennessee Real Estate Commission. These regulations can have a ripple effect that extends beyond your current job and makes finding future employment in your field difficult.
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.
Learn More About Domestic Violence
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.
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.
Common Orders of Protection FAQs
An ex parte order is a temporary order issued based solely on the petitioner’s request and allegations, without prior notice to you. The court’s purpose is to provide immediate protection before a full hearing can be scheduled, which typically occurs within 15 days. This is your opportunity to present your side and contest the order.
At the hearing, the petitioner has the burden to prove by a “preponderance of the evidence” that domestic abuse, stalking, or harassment occurred. Your defense aims to show their claims are false, exaggerated, or insufficiently supported. Evidence like texts, witnesses, or proof of motive (e.g., a custody dispute) can be crucial.
Under federal law (18 U.S.C. § 922(g)(8)), you are prohibited from possessing firearms or ammunition while a final Order of Protection is in effect if it meets certain criteria (e.g., it was issued after a hearing). Violating this federal ban is a felony, separate from any state violation of the order itself.
Yes. A common provision in Orders of Protection is the exclusive possession of a residence, meaning you can be legally evicted from a home you own or lease, even if your name is on the lease or deed. You must comply immediately upon being served, regardless of ownership.
Any contact, even accidental or well-intentioned, can be considered a violation and lead to your immediate arrest. The order’s terms are strict. It is your responsibility to avoid all prohibited contact and locations. Any alleged violation should be discussed with your attorney immediately.
Absolutely. Family court judges take active Orders of Protection very seriously. They can be used as evidence to limit or deny parenting time, award temporary sole custody to the other parent, and influence decisions about asset division and alimony. Successfully defending against the order is critical to protecting your parental and financial rights.
Related Articles
-
What Are the Penalties for Violent Crime Convictions in Tennessee?
If you’re facing a violent crime charge, the weight of the unknown can be heavy. Most people are worried about the consequences. They might be asking themselves, “What are the penalties for violent crime convictions in Tennessee?” The reality is that penalties vary based on the exact offense, your criminal history, and the facts of…
-
What Happens After a First-Time Theft Arrest?
If you’ve never been in trouble before, getting arrested can bring up a wave of concerns and thoughts. You may be worried about your job, your family, and whether this will follow you forever. The fear of the unknown is often the hardest part. What happens after a first-time theft arrest? Yes, this charge is…
-
False Domestic Violence Accusations: What Are Your Legal Options?
When you are accused of domestic violence, that can have immediate consequences. Even with a false allegation, you could face arrest, removal from your home, and loss of access to your children. Plus, there is damage to your reputation and a permanent mark on your record if the case is not handled correctly. Unfortunately, the…
