ORDERS OF PROTECTION
Memphis Orders Of Protection Lawyer
According to the Centers for Disease Control and Prevention and other federal agencies, as many as one in four women will be the victims of domestic violence at some point in their lives. But domestic violence can affect both men and women: victims can be men or women, and perpetrators do not belong to one sex exclusively. Aside from physical injuries, domestic abuse and domestic violence can cause serious emotional and mental trauma to the victim.
Tennessee affords victims of stalking, domestic violence, and/or sexual assault the ability to obtain protection orders to help safeguard them from future attacks. While an attorney’s assistance is not required to obtain any of these orders, it can be helpful in making sure these orders stay in place for a sufficient period of time.
Types Of Protective Orders
TEMPORARY AND EXTENDED
When an individual applies for a protection order, he or she will complete forms available at any courthouse or domestic violence centers (or other similar locations). The form will contain a series of questions and include a space for the individual to explain the facts and circumstances of the situation that require a protective order. So long as a judge finds enough evidence from this packet of information to find a protection order is necessary, an appropriate order will be entered. This will be a temporary protection order and will be in force for about two weeks. The other party – the person against whom the order is obtained – will be served with notification of the temporary protective order.
A hearing will be held approximately fifteen days after the temporary protection order is entered to determine if an extended protection order is needed. The other party will have an opportunity to appear at this hearing and argue against an extended protection order if he or she chooses. If a court finds enough evidence to support an extended protection order, the judge can enter such an order for a period of one year. Extended protection orders can be renewed each year if the need for such orders continues.
DOMESTIC ABUSE, SEXUAL ASSAULT, AND STALKING
A person requesting a protection order can choose between one of three protection orders, depending on the specific facts and circumstances of his or her case:
- A domestic abuse protection order is available for individuals whose abusers are their spouses, ex-spouses, someone whom they used to live with or date, a family member, a current or past sexual partner, or other similar individual who has physically hurt the individual, threatened to hurt him or her, damaged his or her property, retrained him or her, or threatened to harm an animal owned by the person.
- A sexual assault protection order is available to individuals who are threatened by another with or are the victims of rape, or sexual battery.
- A stalking protection order is available to a person who has been intentionally and repeatedly harassed by another person to an extent that the victim feels terrorized, frightened, or intimidated. “Harassment” can include following a person closely, showing up unexpectedly at the person’s work or home, or repeatedly contacting the person by phone, e-mail, or other means. There must be more than one instance of harassment for a stalking protection order to issue.
Negotiating with the prosecution
Prosecutors have a great deal of discretion to amend (or change) charges from one charge to another. A defense attorney can work with the prosecutor assigned to your case to see if such an arrangement can be worked out. A defense attorney may point to your stellar driving record or your financial situation as a way of negotiating a more favorable outcome.