An order of protection can change certain parts of your life. You might not be able to see your children or return to your own home. And if you believe the order should not be in place, what can you do?
This is a process that needs to go through the court system. Here is a look at how to get an order of protection removed in Tennessee.
What Is an Order of Protection?
An order of protection is a court order requested by one individual. This order protects someone who alleges that they have experienced domestic abuse, stalking, sexual exploitation of a minor, sexual assault, a human trafficking offense, observation without consent, or unlawful photography.
In many cases, an order can place restrictions on the person it is issued against. Those restrictions can affect communication, contact, where someone can go, and other aspects of everyday life.
For the person subject to the order, it can put restrictions on your life, especially if the allegations are inaccurate or the circumstances have changed.
Fortunately, you do have options.
Getting an Order of Protection Removed
You need to know exactly what order is in place and what restrictions it contains. With help from an order of protection defense attorney, they can review the paperwork and see whether you’re dealing with an ex parte order or an order that was issued after a hearing.
If you’ve been served with an ex parte order, you have an opportunity for a hearing. This is within 15 days after the respondent is served. At that hearing, the court can decide whether to dissolve the order or extend it if the legal requirements are met.
If a final order is already in effect, either party may file a motion asking the issuing court to modify it. The motion must be accompanied by an affidavit showing a change in circumstances for the requested modification. An attorney can help you see what evidence and arguments may support this requested relief.
What If the Other Person Doesn’t Want the Order Anymore?
This happens to many people, but that’s not the end of the story. Unfortunately, the other person cannot cancel a court order themselves.
Remember, until the court changes or dissolves the order, you should continue following it. While that may feel frustrating, especially when both people believe the situation is resolved, violating the order can create a new legal problem.
What If You Have Children Together?
This can make an order of protection very difficult. If you share children with the person who requested the order, you may be worried about visitation, exchanges, phone calls, school events, or other situations where contact may be necessary.
You should never assume that having children together gives you permission to disregard the order. Once again, you will want to talk with an attorney about how it affects your parenting rights and responsibilities. There may be legal options to address necessary communication or contact with your children.
What Should You Do Next?
An order of protection can leave you feeling confused about what you’re allowed to do and worried about what happens next. If you believe the order shouldn’t have been issued, or your circumstances have changed, help is available.
The procedures for getting an order of protection removed in Tennessee depends on whether the order is ex parte or was entered after a hearing. Whatever the reason behind it, the important thing is to take the order seriously and understand your legal options.
If you want an order of protection removed or modified in Tennessee, Erik Herbert Law can review your situation and explain the process. We are here to take those next steps. Reach out today to schedule a consultation.
