If you are in immediate danger, call 911. The National Domestic Violence Hotline is available 24 hours a day at 1-800-799-7233.
In Kentucky, a person experiencing domestic violence can seek an emergency protective order (EPO), followed by a hearing on a domestic violence order (DVO), or an interpersonal protective order (IPO) for dating violence, sexual assault, or stalking. In Tennessee, a person can seek an order of protection, which usually begins as an ex parte order and is followed by a hearing. A protective order can require no contact, grant temporary custody, and affect later custody decisions.
What counts as domestic violence?
Kentucky defines domestic violence and abuse to include physical injury, serious physical injury, strangulation, stalking, sexual abuse, assault, or the infliction of fear of imminent physical injury, between family members or members of an unmarried couple. Members of an unmarried couple include people who have a child together or who live or have lived together. Kentucky handles dating violence, sexual assault, and stalking through a separate IPO.
Tennessee defines abuse to include causing or attempting to cause physical harm, placing someone in fear of physical harm, physical restraint, and certain damage to property or animals. Orders of protection are available to victims of domestic abuse, including family and household members and people in dating relationships, and to victims of stalking and sexual assault.
Abuse is not only physical. Threats, intimidation, and controlling behavior can be part of a pattern that matters in a protective order or custody case.
How do protective orders work in Kentucky?
- EPO: a judge can issue an emergency protective order before a hearing when there is an immediate danger. A hearing is generally scheduled within 14 days.
- DVO: at the hearing, both sides can present evidence. If the judge enters a DVO, it can last up to three years and can be renewed.
- IPO: covers dating violence, sexual assault, and stalking. It can also last up to three years.
How do orders of protection work in Tennessee?
- Ex parte order: a judge can issue a temporary order before the other party is heard.
- Hearing: generally held within 15 days of service on the respondent.
- Order of protection: if granted after the hearing, it can last up to one year and can be extended.
What can a protective order include?
Depending on the case and the state, an order can:
- Prohibit contact with the petitioner and require the respondent to stay away from the petitioner's home, work, or school
- Grant temporary custody of children and set temporary support
- Direct the respondent to attend counseling
- Restrict firearm possession. Federal law also prohibits possessing firearms while subject to certain protective orders.
A protective order is a legal protection, not a physical one. A safety plan, and telling trusted people about the situation, matter too.
How does a protective order affect custody?
Courts in both states decide custody based on the child's best interests, and domestic violence weighs heavily:
- Kentucky: the presumption that joint custody and equal parenting time are in a child's best interests does not apply to a parent who has had a DVO entered against them. Domestic violence is also a factor the court must consider.
- Tennessee: when a parent has committed abuse, the permanent parenting plan must include limits to protect the child and the other parent.
Courts may order supervised parenting time, limit a parent's time, or in serious cases suspend it. They consider how severe and frequent the abuse was, its effect on the child, and whether the parent has sought help.
What if an order was filed against you?
Being served with an EPO, DVO petition, or order of protection is serious, and the hearing is your chance to respond:
- Follow the order exactly, including any no-contact terms. Violating a protective order is a crime in both states, even if the petitioner contacts you first.
- Note your hearing date and do not miss it.
- Do not contact the petitioner to discuss the case.
- Gather your evidence and talk to a lawyer before the hearing, because a DVO or order of protection can affect custody, firearms, and more.
How Wise & Associates can help
Wise & Associates represents both people seeking protection and people responding to a petition, in Kentucky from its Louisville office and in Tennessee through Wise Law in Nashville. Learn more about protective orders. Consultations are free and by phone. Book a time, then call the office at your scheduled time.
- Louisville, Kentucky: (502) 618-0000
- Nashville, Tennessee: (615) 208-9190