How Restraining Orders And Orders of Protection Work
Divorce and child custody disputes in Tennessee are complicated, even under the best of circumstances. In particularly contentious cases, protecting yourself, your children and your legal rights can be a day-to-day battle requiring the presiding court to intervene by issuing restraining orders, orders of protection and other forms of injunctive relief.
With more than 75 years of combined experience handling complex and contentious divorces, our attorneys at the Kennedy Law Firm, PLLC know how to protect our clients throughout the domestic dispute process. If you are concerned about your former spouse or partner’s conduct, our Clarksville lawyers can go to court to get the relief you need to restore your peace of mind.
What does an order of protection do?
An order of protection is a specialized type of injunction allowing victims of domestic abuse or harassment to gain legal protection quickly. A temporary order of protection may be issued almost as a matter of course, with the restrained party often not even having a defense opportunity. However, a later hearing is held to evaluate the petitioner’s allegations and determine if the order should be extended or made permanent. Various orders of protection are available:
- A standard order of protection. Restrains a party from engaging in domestic abuse or intimidation, but does not prevent the parties form having contact
- A no-contact order. Prohibits the restrained party from having direct contact with the petitioner or coming within a certain distance of locations the petitioner is known to frequent, such as a home or workplace. If the parties live together, this type of order may also remove the restrained party from the home.
- A strict order of protection. Prohibits contact of any kind, including phone calls, letters or e-mail. It also prevents the restrained party from attempting to contact or harass the petitioner through friends.
What are restraining orders?
There is an immense amount of confusion about the difference between orders of protection and restraining orders because the terms are often used interchangeably. However, “restraining order” is a broad term for several types of temporary injunctions that can come into play during divorce and custody proceedings. Restraining orders can be used to freeze assets or protect property when a spouse is concealing, dissipating or destroying marital property during a divorce. Restraining orders can also prevent a parent from removing a child from the jurisdiction or allowing the child to have contact with certain individuals.
Through restraining orders, Tennessee courts can exercise broad and flexible power, but they do not do so lightly. A restraining order is only issue when the petitioning party is in imminent danger and irreparable damage is likely without swift action. As experienced domestic attorneys, our team at the Kennedy Law Firm, PLLC understands when restraining orders are appropriate and how they fit into your overall divorce or custody strategy. We do not hesitate to advocate strongly for this type of equitable relief when it is necessary to protect our clients in Clarksville.
We are committed to protecting your rights during domestic disputes
Having represented people in Tennessee during difficult domestic disputes for more than 18 years, our attorneys at the Kennedy Law Firm, PLLC understand that things rarely go smoothly. Our lawyers are always prepared to go to court to seek emergency restraining orders and other relief when required for the well-being of our clients and their children. If you are struggling through a difficult domestic dispute, call our office today at 931-444-5620 or contact us online to find out how we can help. We offer free consultations at three convenient office locations in the Clarksville area.