Understanding Domestic Violence Laws and Protective Orders

If you are in immediate danger, call 911. National Domestic Violence Hotline: 1-800-799-7233.

Updated October 16, 2026

In Kentucky, an emergency protective order (EPO) leads to a DVO hearing within 14 days. In Tennessee, an ex parte order leads to an order of protection hearing, generally within 15 days of service. Wise & Associates in Louisville and Wise Law, the Nashville office of Wise & Associates, represent both petitioners and respondents.

How Protective Orders Work in Kentucky

  1. Petition. The person seeking protection files a sworn petition in the county where they live or where they fled to escape the abuse (KRS 403.725). In Jefferson County, petitions can be filed at the Domestic Violence Intake Center, 600 West Jefferson Street, open 24 hours a day.
  2. EPO. If the petition shows an immediate and present danger, a judge can issue an emergency protective order without the respondent present (KRS 403.730).
  3. Hearing within 14 days. The EPO stays in effect until the full hearing (KRS 403.730).
  4. DVO. If the judge finds, by a preponderance of the evidence, that domestic violence and abuse occurred and may occur again, the judge enters a domestic violence order, which can last up to three years and can be renewed (KRS 403.740).

Kentucky also has interpersonal protective orders (IPOs) for dating violence, sexual assault, and stalking (KRS Chapter 456).

How Orders of Protection Work in Tennessee

  1. Petition. Victims of domestic abuse, stalking, or sexual assault file a sworn petition (Tenn. Code Ann. § 36-3-601 and following).
  2. Ex parte order. If the petition shows an immediate and present danger of abuse, a judge can issue an ex parte order right away. It is enforceable once the respondent is served.
  3. Hearing within 15 days of service. The hearing is generally held within 15 days of service of the ex parte order (Tenn. Code Ann. § 36-3-605).
  4. Order of protection. If the allegations are proven by a preponderance of the evidence, the judge enters an order of protection for up to one year, which can be extended.

How a Protective Order Affects Custody

  • Kentucky: a DVO can include temporary custody and support, and the joint custody presumption does not apply to a parent who has a DVO entered against them (KRS 403.270).
  • Tennessee: an order of protection can include temporary custody and parenting time terms, and evidence of abuse is a factor in the parenting plan. When the court finds abuse, the parenting plan must include limits to protect the child and the other parent.

Firearms

A protective order entered after a hearing can affect a respondent's right to possess firearms. Tennessee law generally requires a respondent under an order of protection to give up firearms, and federal law can prohibit possessing firearms while a qualifying order is in effect in either state.

Violating an Order

Violating a protective order is a crime in both states. A respondent must follow the order exactly, even if the petitioner reaches out.

Who We Represent

Wise & Associates in Louisville and Wise Law in Nashville represent both petitioners seeking protection and respondents who have been served. For petitioners, we organize the evidence and ask for the terms needed, including temporary custody and support. For respondents, we prepare the defense and protect what is at stake, including parenting time, the home, and firearms rights.

How Wise & Associates and Wise Law Handle Protective Orders

Frequently Asked Questions

What is the difference between an EPO and a DVO?

In Kentucky, an EPO is issued before a hearing when a petition shows immediate danger. A DVO is entered after a hearing and can last up to three years.

What is an ex parte order of protection in Tennessee?

A temporary order a judge can issue without the respondent present when a petition shows an immediate and present danger of abuse. It lasts until the hearing.

How soon is the hearing?

In Kentucky, within 14 days of the EPO. In Tennessee, generally within 15 days of service of the ex parte order.

Does a protective order affect custody?

Yes. Both states allow temporary custody terms, and abuse findings weigh heavily in the long-term custody decision.

Does Wise & Associates represent respondents?

Yes. Wise & Associates in Louisville and Wise Law in Nashville represent both petitioners and respondents.

Related Reading

Talk to a Protective Order Lawyer

Consultations are free and by phone. Book a time, then call the office at your scheduled time.

Wise & Associates, Louisville: 303 Middletown Park Pl, Suite G, Louisville, KY 40243 · (502) 618-0000 · Book a free phone consultation

Wise Law, Nashville: 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.

Wise & Associates in Louisville and Wise Law, the Nashville office of Wise & Associates, represent petitioners and respondents in protective order cases.

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.