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Orders of Protection (OOPs) in Tennessee are powerful legal tools intended to protect victims of abuse, stalking, harassment, or threats. But they are also one of the most frequently misunderstood areas of Tennessee law. Many people are shocked to learn that an Order of Protection can be issued before they ever appear in court — and that violating one, even accidentally, can lead to criminal charges.
Whether you’ve been served with an OOP, you believe you need one, or you are helping someone navigate the process, this guide explains what Orders of Protection are, how Tennessee courts handle them, and what you can do to defend yourself.
1. What Is an Order of Protection in Tennessee?
An Order of Protection is a civil court order that restricts contact between two people. It is primarily used to protect individuals who are victims of:
- Domestic abuse
- Stalking
- Harassment
- Sexual assault
- Threats or intimidation
These orders apply to relationships involving family, intimate partners, roommates, relatives, or anyone in a dating relationship. They may also apply to non-domestic situations if stalking or harassment is alleged.
2. Types of Orders of Protection in Tennessee
There are three main types of Orders of Protection:
1. Ex Parte Temporary Order of Protection
This is the initial order issued without the respondent (the accused) being present.
A judge reviews the petitioner's allegations and determines whether immediate protection is necessary.
If granted, the order is effective immediately and remains in place until the hearing (usually within 15 days).
Common restrictions include:
- No contact (direct or indirect)
- Stay-away zones (home, workplace, school)
- Temporary removal from residence
- Restrictions on communication via phone, text, email, or social media
2. Full Order of Protection
A “full” order is only issued after a hearing, where both sides can present evidence, witnesses, and testimony.
A full Order of Protection can last up to one year, and in some cases up to five years (e.g., when sexual assault or certain felonies are involved).
A full OOP may include:
- No-contact provisions
- Firearm restrictions
- Temporary child custody arrangements
- Support or financial relief
- Counseling requirements
3. Mutual Orders of Protection
These are rare and are issued only when both parties file petitions and both prove grounds for protection.
Judges do not grant mutual orders simply because one person requests it.
3. How an Order of Protection Begins
The process starts when an individual (the petitioner) files a sworn petition alleging abuse, stalking, harassment, or threats. The judge may immediately issue a temporary ex parte order.
The respondent is then served by law enforcement and given notice of the hearing date.
Important:
The temporary order is in effect from the moment you are served — not from the hearing date. Violations can result in arrest.
4. The Order of Protection Hearing
This is one of the most important and misunderstood steps.
The hearing typically occurs within 15 days but can be continued if a party needs more time to gather evidence.
At the hearing:
- The petitioner must prove the allegations by a preponderance of the evidence
- Both parties can call witnesses
- Both sides can present texts, emails, photos, videos, or other documents
- Both sides testify under oath
- The judge may question the parties
Common evidentiary issues:
- Screenshots or recordings
- Police reports
- Medical records
- Witness statements
- Social media posts
- 911 calls
- Body camera footage
Key point:
The judge has broad discretion. An inconsistent story, a lack of credibility, or evidence that doesn’t support the allegations can completely change the outcome.
5. Penalties for Violating an Order of Protection
Violating an Order of Protection is a crime, even if:
- The alleged victim contacted you first
- You responded to a message they sent
- You accidentally ran into them in public
- You contacted them for closure, property issues, or emotional reasons
Penalties include:
- Arrest
- Jail time (up to 10 days mandatory for some violations)
- Criminal charges
- Fines
- Probation
- Extended or additional OOP restrictions
Once served, the responsibility to avoid contact is entirely on the respondent.
6. How Orders of Protection Affect Other Cases
OOPs often overlap with criminal and family law cases. This is where the consequences become severe.
1. Domestic Assault Criminal Charges
If you were arrested for domestic assault, an OOP is often issued as part of bond conditions.
2. Divorce
An OOP can affect:
- Property access
- Communication
- Strategy at mediation
3. Child Custody
Judges must consider domestic violence findings when awarding:
- Parenting time
- Decision-making authority
- Emergency custody
A full Order of Protection against a parent can limit or restrict parenting time.
4. Employment and Firearms
A full OOP may restrict firearm possession, which affects:
- Military personnel
- Law enforcement
- Security jobs
- Anyone with a carry permit
7. Common Defenses Against an Order of Protection
An OOP is not a conviction — it’s an allegation that the court is evaluating.
Effective defenses often focus on credibility, inconsistencies, and real-world context.
Here are the most common defenses:
1. False or Exaggerated Allegations
Common in:
- Breakups
- Divorce
- Custody battles
Courts are aware that some petitions are filed strategically.
2. Lack of Proof
The petitioner must prove:
- The event occurred
- It meets the legal definition of abuse, harassment, or stalking
If evidence is thin or contradictory, the court may deny the order.
3. Mutual Conflict
Arguments are not abuse. Without threats or violence, many cases fail to meet the legal standard.
4. Self-Defense
If the respondent was defending themselves or protecting a child, the judge may deny the order.
5. Inaccurate or Inconsistent Testimony
Judges rely heavily on credibility. Contradictions between:
- The petition
- 911 call
- Bodycam footage
- Witnesses
- …can determine the outcome.
6. Lack of Relationship
Tennessee law only allows OOPs if the relationship falls within the statute. If the parties do not meet the criteria, the petition must be dismissed.
8. How to Prepare for an Order of Protection Hearing
If you’ve been served, preparation is everything.
Do:
- Save all texts, emails, and screenshots
- Collect witnesses who saw the incident or know the situation
- Preserve audio/video if available
- Avoid social media about the case
- Follow the temporary order strictly
- Meet with an attorney as soon as possible
Don’t:
- Contact the petitioner
- Try to resolve the issue privately
- Ignore the court date
- Assume the case will be dismissed without preparation
9. What Happens If You Lose?
If a full Order of Protection is granted:
- It becomes public record
- Firearm restrictions may apply
- You may be ordered to move out of your home
- The order may last one year or longer
- It may affect custody, reputation, and employment
Violating the order after it is issued is a separate criminal offense.
10. Final Thoughts
Orders of Protection are serious. They carry real consequences and require immediate attention. Whether the allegations are exaggerated, false, or taken out of context, you have the right to defend yourself.
An experienced attorney can:
- Challenge credibility
- Present evidence effectively
- Cross-examine witnesses
- Build a strategic defense
- Protect your rights, home, and future
If you’ve been served with an Order of Protection in Montgomery County or Middle Tennessee, don’t wait. Preparation and legal representation are key to protecting your freedom and reputation. Call the attorneys at Goble & Yow, now!