Orders of Protection

At times, people argue.  These arguments often are between husband and wife, between adults who live together or are in a relationship, or within families.  Sometimes, the arguments move from unsettling words to threats and violence.  One person strikes or hits another.  Until the last generation or so, police would not intervene.  Society viewed this conduct as private and personal; however, every state now has laws in place to protect the victims.  The laws allow the person, who is threatened or hit, to file for an order of protection.

An order of protection is granted with ex parte, or with only the victim present in the court room.  It is a restraining order issued by a judge usually in domestic violence cases. An order of protection usually lasts for one year.  An order of protection outright prohibits interaction between a victim and his or her abuser.  The abuser may not attack, stalk, threaten, hit, or contact the victim in person or via telephone, text message, or email and must stay away from the victim and his or her home, workplace, school, and vehicle.  The abuser must move out of the home he or she shares with the victim, surrender his or her firearms, and attend counseling sessions or classes.  If the abuser contacts the victim or tries to do so, the victim can contact the police, and the police will arrest the abuser, who must then appear before a judge.  Any contact, even a call about children or who is paying a particular bill, must be approved by a judge before the contact is made.  The victim cannot contact the abuser either.

After the ex parte order of protection is granted, the abuser and victim will be ordered to appear in court to determine if the order of protection should stand and continue.

An order of protection order is not just limited to the victim and the abuser.  It may protect the victim’s children, relatives, roommates, and current significant others and, in some states, the victim’s pets. In addition,  in some states, the terms of the protection order covers the visitation and custody of both the abuser’s and victim’s children; however, the visitation and custody clauses last for a limited time and can be altered by divorce or other future court orders.

An order of protection order does not physically prevent the abuser from stalking or hurting the victim but does enable to the victim to call the police and have the abuser arrested. If the abuser violates the protection order, he or she may be charged with a felony, misdemeanor, or contempt of court. Police will arrest the abuser shortly upon learning about a violation of the order of protection.

Enforcement or validity of a protection order is not limited to only the state where it was issued.   Federal law allows police in all U.S. jurisdictions to enforce a valid order of protection.

At times however, a spouse, family member, or significant other will abuse the system and falsely claim that she or he is entitled to an order of protection in order to gain an advantage in a divorce, a custody dispute, or another transaction.  Unfortunately, even when a victim is gaming the system and has no real beef against the abuser, the person charged still may not fare well in court.

If you are hit or threatened, you can apply for an order of protection, and you may have other legal remedies available. If an order of protection is filed against you or you are accused of violating an order of protection, you have rights.   For more information, contact Nashville Attorney Perry A. Craft.