Order of Protection vs Restraining Order: Key Differences & Filing Info
You may be familiar with restraining orders, but many mistake order of protection as being an interchangeable term for the same thing. They’re actually not, and legally quite different! Here’s everything you need to know about order of protection vs restraining order in TN:
What is an order of protection?
An order of protection (OP) is a court order with serious consequences if violated (arrest and criminal charges). In Tennessee, there are three types of protection orders:
Social Contact OP: This doesn’t limit physical proximity or contact but does protect from violence, threats of violence, malicious destruction of property, holding against the will, placing in fear, stalking, and sexual assault.- No Contact OP: This protects against the abuse listed previously and also prohibits all proximity, including within eyeshot of the home, workplace, or anywhere else they are.
- “The Chinese Wall” OP: This adds another layer of protection in the form of any communication, such as phone calls, emails, text messages (even through a third person). Attorney-to-attorney communication is allowed.
How to file an order of protection?
Orders of protection are free to file and can be granted the same day through an ex parte (or emergency) order of protection. This temporary protection order (TPO) must be filed in the county where the abuser resides or where the abuse occurred.
You can get an OP to protect yourself from a current or past spouse, roommate, or relative (by blood, marriage, or adoption), co-parent, sexual partner, or anyone who has threatened, stalked, or assaulted you.
How long does an order of protection last in Tennessee?
A TPO lasts for 15 days or until your hearing for an extended protection order (EPO). After the court hearing, an extended order of protection can be issued for 1 year, with the ability to extend on a year-by-year basis. Repeat OP violations can result in a 5 or 10-year extension.
What is a retraining order?
The differences between a restraining order vs order of protection in TN come down to the scope and severity of the situation. A restraining order (RO) can be given for any number of reasons, not limited to threat of violence. There are no relationship criteria, and no criminal consequences for violations, as this is only a civil order.
How to file a restraining order?
Restraining orders require very specific limitations and are most often used in civil disputes and divorce cases. They do not replace OPs; in fact, an order of protection is the best option if you’re seeking protection from abuse, threats, or violence. Additionally, county filing fees may apply for ROs.
How long does a restraining order last in Tennessee?
Just like with an order of protection, you can file an emergency or temporary restraining order (TRO) that’s valid for 15 days. The judge will then grant the RO after a hearing for 1 year, with the option to extend.
Knoxville TN Lawyers for Orders of Protection
Now that you know more about order of protection vs restraining order, please don’t hesitate to reach out to our orders of protection attorney for a free consultation. Legal representation and protection for victims of domestic violence is of the utmost importance.
Help is available now. If you are feeling unsafe and in immediate danger, call 911. For more support, information, and resources, please call the National Domestic Violence Hotline at 800-799-7233 or text BEGIN to 88788.
