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Restraining Orders

Everyone deserves to be safe. Unfortunately, many people feel trapped in relationships or situations where there is physical, verbal, emotional, financial, or even sexual abuse. Whether the abuse leaves physical bruises or emotional scars, it’s all important and there are likely tools within the legal system to help. Orders of Protection and restraining orders are versatile tools that can help break the cycle of domestic abuse. An Order of Protection is right for you if you have been subjected to physical violence, property destruction, being held against your will, sexual abuse, harassment, or threats of these. Orders of Protection can temporarily evict your abuser from your shared home, can extend to protect your children, and can even provide you with monetary support. Orders of Protection begin with an “ex parte application” to the Court, which means your abuser does not know you are filing. If the judge grants a temporary order based on this application, you are immediately protected. Law enforcement will serve the order on your abuser and, if they violate it, they are subject to a warrantless arrest. In around two weeks, the judge will hold a final trial to see if you are entitled to an Order of Protection which will last for up to one year.

The experienced family law attorneys at Shipley & Swain have clerked for the judge responsible for most of the advancements in Tennessee Order of Protection law, have tried countless Order of Protection cases, and have been appointed by local judges to rule on Order of Protection cases. They can help walk you through the process and keep your family safe.