Knoxville, Tennessee Orders of Protection Lawyer

Knowledgeable Criminal Defense Attorney for Domestic Violence in Knoxville, TN

If you have been charged with domestic violence, it is likely that an order of protection was automatically issued against you. However, you do not even need to be criminally charged for someone to obtain an order of protection based on an accusation of domestic violence, stalking, harassment, or sexual assault. These orders can also be issued by a civil court. Having an order of protection against you can interfere with your life in a lot of ways. If you lived with the protected party, an order of protection may means that you will be instantly homeless. These orders can bar you from going near the alleged victim's home, even if you also live there. An order of protection can also interfere with your employment or education, especially if you were served at work or school.

The team at The Baker Law Firm is highly knowledgeable in navigating the nuances of protection orders in Tennessee. Attorney Lance K. Baker can help if you must attend a hearing regarding a restraining order that was filed against you or if you are accused of violating a criminal or civil order of protection.

Criminal Orders of Protection

Orders of protection are almost invariably issued in domestic violence cases, and they can be issued in cases involving other types of assault or battery. They are also usually issued automatically if a person is accused of a sex offense involving a victim. Often, the victim does not want the protection order, especially when she is married to or in a relationship with the defendant, or when the parties are related. However, courts may issue and enforce orders of protection over the victim's objections.

Civil Order of Protection Hearings

Civil orders of protection can be problematic, as there is not a lot of proof required. The party requesting a restraining order only needs to convince a court that they are probably telling the truth about you being a danger to them. You may have been issued an ex parte order, meaning that the petitioner went to court alone and got a temporary order. You are entitled to defend yourself at a hearing that must take place soon after an ex parte order is issued.

You have the right to be represented by a lawyer at this hearing. Represented parties are more likely to avoid having an order issued against them based on false claims that are not backed by objective evidence.

Order of Protection Violations

Violating an order of protection is a criminal offense, whether the order was issued by a criminal court or a civil one. If a criminal court issued the order, you might also be in violation of your probation or pretrial supervision.

The alleged victim cannot waive an order of protection or any of its terms without the court's approval. Even if the alleged victim contacted you first or invited you over, responding can get you in trouble.

It is important to follow all terms of an order of protection. You can be arrested for returning to your own home if the protected party also resides there, even if the home is in your name. Other common terms include:

• Staying away from the protected party's workplace - This might be difficult if the protected party works in a place you have a reason to be or would normally frequent, such as the hospital where you normally receive care.
• Not contacting the protected party - Do not ask a third party to pass along a message or make social media posts directed at the alleged victim.
• Surrendering weapons - If you are a gun owner, you may lose your Second Amendment rights for the time being.
• Possession of pets or vehicles - The court might grant exclusive use of a vehicle or possession of your family pets to the alleged victim.
• Custody of children - If you have children in common with the protected party, you may need to file a separate action to address concerns related to child custody and visitation.

Contact a Knoxville, Tennessee Orders of Protection Lawyer

At The Baker Law Firm, our team is skilled in helping people who have had orders of protection issued against them. If you are facing accusations related to domestic violence, contact us at 865-200-4117 for a complimentary consultation.