If you have been served with an emergency protective order (EPO) or domestic violence petition in Kentucky, or an ex parte order of protection in Tennessee, the most important things to do are: follow the order exactly, do not contact the person who filed it, note your hearing date, and talk to a lawyer before the hearing. A hearing is generally held within 14 days in Kentucky and within 15 days of service in Tennessee. The judge's decision can affect your home, your children, your firearms, and your job, so preparation matters.
What should you do in the first 24 hours?
- Read the entire order. Note exactly who you cannot contact, the places you must stay away from, any custody terms, and any firearm terms.
- Follow it exactly. If the order requires you to leave the home, leave. If it requires you to stay away from the petitioner's work or the children's school, stay away.
- Do not contact the petitioner. Not in person, by phone, by text, through friends or family, or on social media. That includes "just to talk" or to apologize.
- Get your belongings the right way. If you need items from a shared home, do not go back on your own. Ask how to arrange a supervised retrieval, often with a police officer present.
- Follow any firearm terms. If the order requires you to surrender firearms, do so within the time the order states.
- Write down your hearing date and time. Missing the hearing can result in an order being entered without your side being heard.
- Call a lawyer. The hearing comes quickly.
What if the petitioner contacts you?
Do not respond. An order restrains you, not the petitioner, so you can be charged with violating it even if the petitioner reaches out first or invites you over. Violating a protective order is a crime in both Kentucky and Tennessee. Save any messages you receive, and tell your lawyer.
What happens at the hearing?
- Kentucky: a judge in family court decides whether to enter a domestic violence order (DVO), or an interpersonal protective order (IPO) for dating violence, sexual assault, or stalking. A DVO or IPO can last up to three years and can be renewed. Read what to expect at a DVO hearing.
- Tennessee: a judge decides whether to extend the ex parte order into an order of protection, which can last up to one year and can be extended.
Both sides can testify, present evidence, and question the other side's witnesses. The judge decides.
How should you prepare?
- Gather evidence that responds to the specific allegations: texts, emails, call logs, photos, location data, and records showing where you were.
- Identify witnesses who saw the events or can speak to them, and arrange for them to attend.
- Bring three copies of every document.
- Stay off social media about the case or the petitioner. Read about social media and evidence.
- Dress and act professionally. Stay calm, even if you believe the allegations are false.
What if there are also criminal charges?
Protective order cases often run alongside a criminal case. Anything you say at the protective order hearing can be used in the criminal case. Talk to a lawyer before you testify, so you understand the risks of speaking and of staying silent.
What is at stake if an order is entered?
- Custody and parenting time. In Kentucky, the joint custody presumption does not apply to a parent who has had a DVO entered against them. In Tennessee, parenting plans must include limits when a parent has committed abuse.
- Your home. An order can require you to stay out of a shared residence.
- Firearms. Federal law prohibits possessing firearms while subject to certain protective orders, which can affect hunters, gun owners, law enforcement officers, and military members.
- Employment and background checks. Some jobs, licenses, and security clearances can be affected.
What if the allegations are false?
Stay calm and do not retaliate. Do not file your own petition unless you have actually experienced abuse, because a false petition has its own consequences. Focus on evidence that contradicts the specific allegations, such as timelines, messages, and witnesses, and let your lawyer present it.
Should you agree to the order?
Sometimes respondents are offered the option of agreeing to an order. It can seem easier, but an agreed order can carry many of the same consequences as one entered after a hearing, including effects on custody and firearms. Talk to a lawyer before agreeing to anything.
How Wise & Associates can help
Wise & Associates represents respondents, and petitioners, in protective order cases in Kentucky from its Louisville office and in Tennessee through Wise Law in Nashville. Fees are staged flat fees, never hourly, with upfront fees from $1,500 to $5,000 depending on the case type and how much litigation is required. See how pricing works.
Hearings come quickly, so call as soon as you are served:
- Louisville, Kentucky: (502) 618-0000
- Nashville, Tennessee: (615) 208-9190
Or book a free phone consultation. Learn more about protective orders.