Safer At Home?–Orders of Protection For Domestic Violence Victims
We all deserve to have a home in which we feel safe and comfortable. Sadly, for many people, home can be a dangerous and frightening place. Approximately 24 people per minute—12 million men and women over the course of a year—are victims of domestic violence (also known as “intimate partner violence”). Domestic Violence, as defined by the National Domestic Violence Hotline, is any “pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship.” Under Tennessee law, domestic abuse includes inflicting, or attempting to inflict physical injury on an adult or minor, causing someone to fear physical harm, damaging someone’s property, and even inflicting injuries on someone’s pet. (Tenn. Code Ann. § 36-3-601). One specific important thing to note here is that there does not have to be any actual harm. Mere attempts, threats, and putting someone in fear on purpose are all domestic abuse and grounds for an order of protection.
Now, with people quarantined at home because of COVID-19, domestic violence is increasingly becoming a concern. Police officers in some cities have reported a spike in domestic violence cases since the quarantine began, and even in cities that have not yet reported a spike, advocates of domestic violence awareness say that incidences of domestic violence will likely rise sharply due to the extra stress and uncertainty that the pandemic is causing and because victims are likely trapped at home with their abusers.
If you are a victim of domestic violence in Middle Tennessee, first we want you to know that you are not alone. Secondly, you may be comforted by knowing that you have the ability to gain protection from your abuser. There is a fairly simple process here in Middle Tennessee through which the court can provide you with an order of protection from an abuser, or even from someone who is stalking you.
What is an Order of Protection?
An order of protection (often mistakenly called a “restraining order”) is a court order, signed by a judge, that can protect you and your family from someone who has hit, threatened, or stalked you. It can also protect you from someone who has hit or threatened your child, your pet, or who has damaged your property. There are two types of orders of protection: one known as an ex parte order of protection, and the other, called permanent order of protection.
1. Ex Parte Order of Protection (Temporary Orders of Protection)
An ex parte order of protection is simply a temporary order of protection. An ex parte order of protection is a document issued by the court that will order your abuser or stalker to cease all contact of any kind with you. This temporary order of protection can also protect your children and other family members from an abuser or potential abuser.
If the person who is hurting you or threatening to hurt you violates the order of protection, you can call the police and then that person can be arrested. By violating the order of protection, the abuser can face up to 10 days in jail as well as certain fines. Importantly, if you are living with the person who is hurting you, that person will be forced to leave or will be forced to provide you with a safe place to stay while the order is in effect.
2. Permanent Order Of Protection
Once you have filed for an ex parte order of protection, a judge can hear your case and turn your temporary (a.k.a. ex parte) order of protection into a more permanent order of protection. With an order of protection, the person who has hurt or threatened you and your family can be ordered to cease all contact with you and your family for up to a year. An order of protection can also order the person not to telephone or communicate with you in any way, directly or indirectly.
Just as with the ex parte order of protection, if the person who hurt you violates the order of protection, you can call the police and have that person arrested. Once arrested, this person could face between 10 days and 11 months in jail and up to $2,500.00 in fines
Requesting an order of protection is not a very complicated process, but it is a process that can provide you and your loved ones with safety. If you or someone you know is suffering from domestic abuse, you should first call the police. Then, you should strongly consider filing a petition in court for an order of protection. We are here to help you with the process of requesting an order of protection and with sharing your side of the story in court so that the judge understands why the order of protection is necessary. Handling any issues in court can be nerve-racking, but it doesn’t have to be. We, at Joe Kwon Law, are experienced attorneys who care about you and your family and we are here to help you and your family feel safe again. Contact us today if you need help petitioning for an order of protection or if you have any other legal concerns you would like to discuss.