What is a Restraining Order?
24 May 2023IN: Family Law
Not all relationships are filled with love and respect. There are some family law situations that involve stalking, assault, abuse, name calling, and other negative elements. This can lead to scary situations. The victim may be living in constant fear of what could happen next.
In these situations, a person may be able to get an order of protection, namely a restraining order. Restraining orders are common in family law cases involving domestic violence. They provide legal protection for victims of stalking, domestic abuse, and sexual assault. Restraining orders are signed by a judge and order those who are harassing or hurting you to stop, or they will face serious legal consequences. A permanent order can only be granted by a judge, although a temporary one may be granted without notice.
Domestic violence victims and perpetrators can be the following:
- Adults or minors who are current or former spouses
- Adults or minors who have dated at one time or who have had a sexual relationship
- Adults or minors who lived together at one time
- Adults or minors related by blood or adoption
- Adults or minors who are or were related by marriage
- Any children of those involved in the relationships described above
What Does a Restraining Order Do?
There are two types of restraining orders in Tennessee:
- Temporary protection orders. Also known as “ex parte” orders, temporary protection orders are short-term orders that may be granted without the perpetrator’s knowledge. They last 15 days.
- Extended protection orders. These orders are issued after a full court hearing. They protect you for a longer period of time and can offer you a wider variety of protection. They last for up to one year, and you can get a one-year extension.
An order of protection may do the following:
- Order the perpetrator not to 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
- Force the perpetrator to move out and let you stay in the home or provide alternative housing for you
- Forbid the perpetrator from possessing, owning, or buying firearms
- Require the perpetrator to pay for the cost of the court proceedings
- Require the perpetrator to attend counseling programs
- Award the custody, care, and control of your pets
Who Can Obtain a Restraining Order?
A person harmed in the following ways can obtain a restraining order:
- Physical injury on an adult or minor that was caused deliberately
- Placing an adult or minor in fear of physical harm
- Physical restraint
- Malicious damage to the personal property of the abused party
- Physical injury on a pet
Contact Our Murfreesboro Restraining Order Attorney Today
Restraining orders may be necessary in some family law cases involving domestic violence. If you fear abuse from a spouse, romantic partner, or stalker, a restraining order can be helpful.
A Tennessee family law attorney from The Law Office of David L. Scott can provide you with protection and help you take action. Fill out the online form or call (615) 896-7656 to schedule a consultation.