If you are in immediate danger, call 911. National Domestic Violence Hotline: 1-800-799-7233.
In Davidson County, a judge can issue an ex parte order of protection the day a petition is filed, and a full hearing is generally held within 15 days of service. At Wise Law, the Nashville office of Wise & Associates, we represent petitioners and respondents, with an upfront flat fee between $1,500 and $5,000.
Who Can File for an Order of Protection?
Victims of domestic abuse can petition, including current or former spouses, family members, people who live or lived together, and people who are dating or have dated, as well as victims of stalking or sexual assault (Tenn. Code Ann. § 36-3-601 and following). The petition is sworn and describes what happened.
What Is an Ex Parte Order?
If the petition shows an immediate and present danger of abuse, a judge can issue an ex parte order right away, without the respondent present. The ex parte order is temporary. It is enforceable once the respondent is served, and it stays in effect until the hearing.
When Is the Full Hearing?
The hearing is generally held within 15 days of service of the ex parte order (Tenn. Code Ann. § 36-3-605). If the hearing is continued, the ex parte order generally stays in effect until the new date. At the hearing, the judge either dissolves the ex parte order or enters an order of protection for up to one year, which can be extended.
What Evidence Matters at the Hearing?
The petitioner must prove the allegations by a preponderance of the evidence, meaning more likely than not. Both sides can testify, present exhibits, call witnesses, and cross-examine. Common evidence includes:
- Text messages, emails, voicemails, and social media posts, kept on the original device with dates visible
- Photos of injuries or property damage
- Medical records, police reports, and 911 recordings
- Witnesses who saw or heard what happened
How Does an Order of Protection Affect Custody?
An order of protection can include temporary custody and parenting time terms to protect the children while it is in effect. In the custody or divorce case, evidence of abuse is one of the factors the court weighs, and when a court finds abuse, the permanent parenting plan must include limits to protect the child and the other parent.
How Does an Order of Protection Affect Firearms?
When an order of protection is entered after a hearing, Tennessee law generally requires the respondent to give up any firearms and prove that they have done so, and federal law can prohibit possessing firearms while a qualifying order is in effect. A respondent should talk to a lawyer about firearms before the hearing.
How We Represent Petitioners
We organize the evidence by date, subpoena records and witnesses, prepare you to testify and to be cross-examined, and ask for the terms you need, such as temporary custody, support, and possession of the residence.
How We Represent Respondents
We make sure you follow the ex parte order exactly, with no contact even if the petitioner reaches out. We preserve your evidence, prepare your testimony and the cross-examination of the petitioner, and address what is at stake, including parenting time, your residence, firearms, and any related criminal charge.
How Wise Law Handles This
Frequently Asked Questions
How fast can I get an ex parte order of protection in Davidson County?
If the petition shows an immediate and present danger of abuse, a judge can issue an ex parte order the same day it is filed.
When is the order of protection hearing?
Generally within 15 days of service of the ex parte order on the respondent.
What happens if the hearing is postponed?
The ex parte order generally stays in effect until the new hearing date.
How long does an order of protection last in Tennessee?
An order of protection entered after a hearing can last up to one year, and the court can extend it.
Does an order of protection affect custody?
Yes. It can include temporary custody and parenting time terms, and abuse findings affect the permanent parenting plan.
How much does an order of protection case cost at Wise Law?
At Wise Law, order of protection cases start with an upfront flat fee between $1,500 and $5,000, depending on how much litigation is required.
Related Reading
- Nashville order of protection lawyer
- Pricing and staged flat fees
- Served with an order of protection? What to do next
- Does a protective order affect custody?
Talk to a Nashville Order of Protection Lawyer
Consultations are free and by phone. Book a time, then call the office at your scheduled time.
Wise Law: 4235 Hillsboro Pike, Suite 300, Nashville, TN 37215 · (615) 208-9190 · Book a free phone consultation
Wise Law is the Nashville office of Wise & Associates, Louisville, Kentucky.
Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.