21 Jul Understanding Protective Orders in Tennessee: What You Need to Know

When family disputes escalate to the point of threats or violence, legal protection becomes a necessary safeguard.

In Tennessee, one of the most effective tools for personal safety in such situations is a protective order—also known as an order of protection.

If you or a loved one is facing domestic abuse, harassment, or threats, it’s important to understand how orders of protection work, how to obtain one, and what protections they offer under Tennessee law.

As a family law attorney serving Murfreesboro and the surrounding area, attorney Scott Kimberly often work with individuals navigating these emotionally charged circumstances.

This post will walk you through the essentials of orders of protection in Tennessee – what they are, how to file, and what happens once a judge gets involved.

What Is an Order of Protection?

An order of protection is a legal order issued by a court to protect an individual from abuse, stalking, or harassment.

In Tennessee, these orders are governed by the Tennessee Domestic Abuse Act and can be granted to protect victims of domestic violence, sexual assault, or stalking.

Orders of protection are civil documents, not criminal ones, however breaching them can lead to criminal charges.

These orders aim to establish both physical and legal separation between a victim and their abuser, frequently limiting the abuser’s capacity to contact, approach, or be in proximity to the protected individual.

Who Can File for an Order of Protection?

In Tennessee, orders of protection are typically available to individuals who have a specific type of relationship with the alleged abuser.

This includes:

• Spouses or ex-spouses
• Individuals who live together or used to live together
• People who are dating or have dated
• Individuals related by blood or adoption
• Individuals who have a child together

If you don’t fall into one of these categories but are experiencing harassment or stalking, you may still qualify for a stalking or sexual assault protective order, which does not require a domestic relationship.

Types of Protective Orders

There are two main types of protective orders in Tennessee:

1. Temporary (Ex Parte) Protective Order

An ex parte order can be issued without the abuser being present. It provides immediate, short-term protection until a full hearing can be held—typically within 15 days. If the judge finds enough evidence of danger, the temporary order will go into effect immediately.

2. Extended (Full) Order of Protection

This is issued after a hearing where both parties have a chance to present evidence. If the court determines that abuse has occurred and is likely to occur again, a full order may be granted for up to one year. It can be extended further upon request.

What Does a Protective Order Do?

A protective order can include a variety of restrictions depending on the situation.

These may include:

• Ordering the abuser to have no contact with the victim (in person, by phone, by text, through social media, etc.)
• Prohibiting the abuser from coming near the victim’s home, workplace, school, or other specified locations
• Awarding temporary custody of children to the victim
• Requiring the abuser to vacate a shared residence
• Prohibiting the abuser from possessing firearms
• Mandating counseling or anger management classes

Every case is different, and the specifics of the protective order will reflect the unique needs of the person seeking protection.

How to File for a Protective Order in Murfreesboro

If you are in immediate danger, always call 911 first. Once you are safe, you can begin the process of filing for an order of protection.

In Murfreesboro (Rutherford County), you can file at the Rutherford County Clerk’s Office.

You can also go to the Domestic Violence Program Office for help with the paperwork.

Here’s a general overview of the filing process:

1. Complete a Petition – You’ll need to provide details about your relationship with the abuser and specific incidents that led to your request.
2. Temporary Order Hearing – A judge will review your petition and may grant a temporary protective order.
3. Serve the Abuser – Law enforcement will notify the other party and serve them with the temporary order and notice of the court hearing.
4. Full Hearing – Within 15 days, both parties will attend a court hearing where you may be asked to testify or present evidence.
5. Judge’s Decision – The judge will determine whether to issue a full order of protection.

You don’t need a lawyer to file. However, having a family law attorney can help you present your case better. This is especially important during the hearing.

What If the Order Is Violated?

A violation of a protective order is a criminal offense in Tennessee. The violator can be arrested and charged with criminal contempt or domestic assault, depending on the circumstances. Penalties can include jail time, fines, or both.

If your abuser violates the order, call the police immediately and inform your attorney.

How a Family Law Attorney Can Help

Navigating the protective order process during a time of emotional distress can feel overwhelming. That’s why having an experienced family law attorney on your side matters.

Here’s how an attorney can support you:

• Help prepare your petition and supporting documentation
• Represent you in court hearings
• Advocate for child custody or visitation provisions
• Coordinate with law enforcement and the court system
• Provide legal guidance throughout the process

In some cases, a protective order is the first step toward bigger legal actions. This can include filing for divorce or changing custody agreements. Working with a local attorney who knows Tennessee family law helps ensure your case is handled carefully and accurately.

Final Thoughts

No one should have to live in fear of abuse, harassment, or violence—especially in their own home or relationship. Protective orders are one way Tennessee law provides safety and legal recourse for individuals in danger.

If you or someone you know is considering filing for a protective order in Murfreesboro or Rutherford County, don’t navigate the process alone. Speak with a family law attorney who can explain your rights, guide you through the court system, and ensure your voice is heard.

If you’re ready to take the next step or simply need answers, contact our office today for a confidential consultation. Your safety and peace of mind matter.