When family tensions escalate into unsafe situations, legal protection can become essential. If you find yourself in a situation where your safety or the safety of your children is at risk, an Order of Protection can offer immediate relief and legal recourse. At Douglass & Runger in Memphis, we specialize in helping clients secure Orders of Protection, especially in the context of family law and divorce proceedings.
What Are Orders of Protection?
Orders of Protection are legal orders issued by a court to prevent one person from harming or harassing another. These orders are commonly sought in cases of domestic violence, harassment, stalking, or when someone fears for their safety. An Order of Protection can include provisions such as barring the offending party from contacting the victim, staying away from the victim’s home or workplace, and surrendering firearms.
In Tennessee, Orders of Protection can be filed in civil or criminal court, depending on the nature of the offense. Family law cases often involve civil Orders of Protection, particularly when a divorce or custody dispute is involved.
Types of Orders of Protection
In Tennessee, there are three main types of Orders of Protection:
Emergency Order of Protection (EOP):
This is a short-term order that a judge can grant without the offending party being present. It is designed to provide immediate protection until a full court hearing can be scheduled.
Temporary Order of Protection (TOP):
This order is granted after the initial hearing and remains in effect until the court decides whether to grant a long-term protection order.
Final Order of Protection:
If the court finds sufficient evidence to justify ongoing protection, a Final Order of Protection can be issued, which may last up to one year and can be extended if necessary.
Orders of Protection and Divorce
Orders of Protection often intersect with divorce proceedings, especially when one spouse feels threatened or there is a history of domestic violence. If you’re going through a divorce and believe your safety or the safety of your children is at risk, you can request an Order of Protection as part of your divorce case.
Impact on Divorce Proceedings:
An Order of Protection issued during a divorce can have significant implications for custody, visitation, and property division. The court will prioritize the safety of the children and the victim, which may result in limited visitation rights or supervised visits for the other party.
Divorce Protection Orders vs. Restraining Orders:
While both are intended to protect individuals from harm, a Divorce Protection Order is specifically tied to divorce proceedings and may include custody and financial support provisions. A restraining order, on the other hand, is a more general form of protection.
How to Obtain an Order of Protection in Memphis
Obtaining an Order of Protection in Tennessee involves several steps:
Filing a Petition:
The process begins by filing a petition for an Order of Protection with the court. This petition will outline why you are seeking protection and what actions you want the court to take.
Court Hearing:
After filing, the court will schedule a hearing where both parties can present evidence. In some cases, the judge may issue an Emergency Order of Protection to provide immediate relief until the hearing.
Serving the Order:
If the court grants the Order of Protection, it must be served to the offending party, notifying them of the restrictions. This step is crucial for enforcement.
Final Decision:
After the hearing, the judge will decide whether to grant a Final Order of Protection, which typically lasts up to one year. The order can be extended if the court determines ongoing protection is necessary.
Impact of Orders of Protection on Child Custody
One of the most critical aspects of an Order of Protection in family law cases is its impact on child custody arrangements. Courts in Tennessee prioritize the safety and well-being of children, so if a parent is granted an Order of Protection, it may significantly affect custody and visitation rights.
Custody Modifications:
If one parent is deemed a threat, the court may modify existing custody agreements to protect the child. This could include supervised visitation or even revoking visitation rights altogether.
Enforcing Custody Provisions:
Violating the custody provisions of an Order of Protection can lead to severe legal consequences, including contempt of court charges, fines, or even jail time.
Legal Help for Orders of Protection in Memphis
The legal process for obtaining and enforcing an Order of Protection can be complex, especially when it involves divorce or child custody disputes. That’s why it’s essential to work with an experienced attorney who can guide you through the process and ensure your rights are protected.
At Douglass & Runger, our attorneys are skilled in handling Orders of Protection in Memphis and throughout Tennessee. Whether you’re seeking protection for yourself or your children, we can help you navigate the legal system and secure the protection you need.
