If you've been served with an order of protection, you may suddenly be told you can't contact someone, return to your home, or see your family in the way you normally would. You might disagree with the accusations or feel that the court has only heard one side of the story.
At Herbert & Lux, we represent people who have been served with orders of protection throughout Middle Tennessee. We help clients understand what the paperwork means, prepare for court, and respond to the allegations.
Have an order of protection hearing coming up? Contact Herbert & Lux to discuss your case.
What Should You Do After Being Served With an Order of Protection?
First, read the order carefully. It may include restrictions that take effect immediately, even though you haven't had a chance to tell the judge your side.
Depending on the order, you may be prohibited from calling, texting, or messaging the person who filed it. You may also be required to stay away from certain locations, including a shared home or workplace. Even if the other person contacts you first or says they want to work things out, you still need to follow the court's order. A private agreement between the two of you does not cancel its restrictions.
Keep all the paperwork you received, including the petition and hearing notice. Save any messages, photographs, or other records that may help explain what happened, but do not contact the petitioner to gather evidence.
How Long Does a Temporary Order of Protection Last in Tennessee?
A judge can issue a temporary, or ex parte, order of protection before hearing from the person accused. That doesn't mean the court has made a final decision about the allegations.
Under Tennessee law, a hearing generally must be held within 15 days after the respondent is served with an ex parte order. The temporary order remains effective while the matter is pending, subject to the applicable court orders.
At the hearing, the judge considers whether the allegations support a longer order of protection. If the required legal standard is met, the court can generally issue an order lasting up to one year, with possible extensions under Tennessee law. This is why it's important not to ignore the hearing notice. If you've been served with a temporary order of protection in Nashville, Herbert & Lux can review the petition, explain the allegations, and help you prepare to respond.
What Happens at an Order of Protection Hearing?
An order of protection hearing is different from a criminal trial. The person requesting protection, called the petitioner, must prove the allegations under the legal standard that applies to these proceedings. Both sides may have an opportunity to present testimony and evidence. Depending on the case, that evidence might include text messages, photographs, witness testimony, police reports, or recordings.
You may be concerned that the judge will automatically believe the person who filed the petition. That is not how the process is supposed to work. The court must consider the evidence and determine whether the legal requirements for an order have been met.
Can You Fight an Order of Protection in Tennessee?
Yes. Being served with an order of protection does not mean you have to agree with every allegation or accept a longer order without responding.
Some cases involve conflicting accounts of an argument or relationship dispute. Others involve allegations of threats, stalking, harassment, or physical contact. The details matter, including what was said, when events occurred, and whether messages or other records support the claims.
Our attorneys review the petition and available evidence to determine how to respond. We also help clients understand the potential consequences of agreeing to an order, contesting it, or seeking changes through the court.
There is no single defense that fits every situation. The goal is to make sure your position is properly presented and that you understand the decisions you're being asked to make.
Can an Order of Protection Affect Your Home, Children, or Firearms?
Yes. An order of protection can affect much more than communication with another person.
Depending on its terms, an order may restrict access to a shared residence, limit contact with family members, or include temporary provisions involving children. These restrictions can create practical problems when you need to collect belongings, arrange parenting exchanges, or deal with shared responsibilities.
Certain qualifying orders of protection also trigger firearm possession restrictions under Tennessee and federal law. If your order includes firearm-related requirements, it's important to understand and comply with them promptly.
What if You Are Also Facing Domestic Violence Charges?
An order of protection is a separate legal matter from a criminal charge. You can be served with an order of protection even if you haven't been arrested, and a domestic assault case can continue independently of a protection-order proceeding. If you're dealing with both, decisions in one case may affect the other. Statements made in court, contact restrictions, and overlapping evidence all deserve careful attention.
Herbert & Lux also represents people accused of domestic violence in Nashville. We can help you understand how the proceedings relate to one another and what needs to be addressed in each case.
Talk to a Nashville Order of Protection Attorney at Herbert & Lux
If you've been served with or have violated an order of protection in Nashville, you deserve a chance to understand the allegations and prepare for your hearing. Herbert & Lux represents people responding to orders of protection in Davidson County and throughout Middle Tennessee, including Williamson, Wilson, Rutherford, Sumner, and Robertson counties. You'll work directly with our attorneys as we review the paperwork, discuss the evidence, and prepare for court.
Contact Herbert & Lux to speak with a Nashville order of protection lawyer about your case.
