An order of protection is an order of a court that may prohibit contact and communication, directly or indirectly, between an abuser and their victim. The Tennessee law that governs orders of protection defines abuse as follows:
“Abuse” means inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, malicious damage to the personal property of the abused party, including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor, or placing an adult or minor in fear of physical harm to any animal owned, possessed, leased, kept, or held by the adult or minor;
You may file a petition to obtain an order of protection if you are domestic abuse victim as defined below:
(a) Any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, or sexual assault, may seek relief under this part by filing a sworn petition alleging domestic abuse, stalking, or sexual assault by the respondent.
In order to obtain an order of protection as a victim of abuse, you must fall within the following class of individuals:
“Domestic abuse victim” means any person who falls within the following categories:
- (A) Adults or minors who are current or former spouses;
- (B) Adults or minors who live together or who have lived together;
- (C) Adults or minors who are dating or who have dated or who have or had a sexual relationship. As used herein, “dating” and “dated” do not include fraternization between two (2) individuals in a business or social context;
- (D) Adults or minors related by blood or adoption;
- (E) Adults or minors who are related or were formerly related by marriage; or
- (F) Adult or minor children of a person in a relationship that is described in subdivisions (5)(A)-(E);
It is also possible to obtain an order of protection, regardless of the relationships listed above, if you are the victim of stalking as defined under the criminal statute, T.C.A. § 39-17-315 as provided below:
(a) As used in this section, unless the context otherwise requires:
(1) “Course of conduct” means a pattern of conduct composed of a series of two (2) or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person’s property;
(2) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling;
(3) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress, and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;
(4) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested;
(5) “Unconsented contact” means any contact with another person that is initiated or continued without that person’s consent, or in disregard of that person’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
(A) Following or appearing within the sight of that person;
(B) Approaching or confronting that person in a public place or on private property;
(C) Appearing at that person’s workplace or residence;
(D) Entering onto or remaining on property owned, leased, or occupied by that person;
(E) Contacting that person by telephone;
(F) Sending to that person mail or any electronic communications, including, but not limited to, electronic mail, text messages, or any other type of electronic message sent using the Internet, web sites, or a social media platform; or
(G) Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and
(6) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
When you file the petition for order of protection, the court may grant a temporary order of protection. If granted, the court will set a court date within 15 days of granting the temporary order because the respondent (the other party) is entitled to a hearing within 15 days. At the hearing, the court must determine if, by a preponderance of the evidence, the respondent committed the acts complained about in the petition and whether those acts violate the statute sufficiently enough to grant a permanent order of protection. If the court grants the permanent order of protection, the order will be effective for a period of one year from the date of the court’s permanent order.
