How to Fight a False Order of Protection in Tennessee

Being served with an Order of Protection can be a shocking and distressing experience, especially when the allegations against you are untrue.

You may feel angry, confused, and worried about the immediate and long-term consequences for your reputation, your family, and your rights. An order of protection is a serious legal matter with significant ramifications.

If you have been falsely accused of domestic violence, domestic abuse, stalking, or harassment, it is critical to take the situation with the utmost seriousness and act strategically.

While an Order of Protection is a civil matter, a violation can lead to criminal charges, and a final order of protection can have lasting negative effects on your life.

This guide will explain the steps you need to take to defend yourself against an order of protection, challenge accusations of sexual assault, and fight for a just outcome in a Tennessee court.

When facing an order of protection, it’s wise to seek legal guidance.

The Most Important First Step: Do Not Violate the Temporary Order

Before you do anything else, you must read the temporary (ex parte) Order of Protection carefully and follow it to the letter.

This initial court order was granted without you present, based solely on the petitioner’s claims, to address any potential for immediate danger.

This is a standard procedure for an ex parte order. People often refer to this as a temporary restraining order.

Even if every allegation is false, violating this temporary order is a separate criminal offense. An alleged protection violation will lead to your arrest and will severely damage your credibility with the judge.

Never violate an ex parte order. These temporary orders are legally binding. The consequences for violating an order of protection are severe.

Do NOT:

• Contact the petitioner in any way. This includes calls, texts, emails, or social media messages, all of which would violate the order of protection.
• Ask a friend or family member to contact them on your behalf. This is a common way people violate an order of protection.
• Go to their home, workplace, or any other location listed in the order. You must stay a certain distance away as specified in the protection order.

“Order of Protection” vs. “Restraining Order” in Tennessee Law

Many people use the terms “Order of Protection” and “restraining order” interchangeably, but under Tennessee law, they are different legal tools.

The document you were served with is almost certainly a Petition for an Order of Protection, which is specifically designed to protect victims of domestic abuse, sexual assault, or stalking.

There are many types of restraining orders, but an order of protection is specific to these situations. A common mistake is to treat all restraining orders the same way.

A restraining order is typically issued as part of a different civil case, like a divorce under our Family Law services, to prevent a party from taking certain actions, such as selling assets.

Understanding this distinction is part of a strong defense against an order of protection. Falsely accusing someone to gain leverage in a divorce via a protection order is a misuse of the legal process.

The court is very familiar with these types of false allegations in restraining orders, and a skilled attorney can expose these motives.

A defense against a restraining order requires a different strategy than one for an order of protection. Successfully fighting a restraining order is critical to protecting your rights.

Understanding the Allegations in Protection Cases

When you are served with a petition for an order of protection, it will contain specific allegations. These are the claims you must be prepared to defend against. In most protection cases, the accusations fall into several key categories, each with serious implications.

Allegations of Domestic Violence and Physical Violence

The most common grounds for a protection order involve claims of domestic violence. Under Tennessee law, this is a broad term that covers far more than just physical violence.

While an accusation of physical violence—such as hitting, pushing, slapping, or causing a physical injury—is a serious and direct claim, the petition for an order of protection may also include allegations of emotional or psychological abuse.

The petitioner’s goal is to show a pattern of behavior or a credible threat of further violence. Your defense must be prepared to address every specific incident the petitioner has alleged, as these claims are closely related to the criminal charge of domestic assault. A false claim of domestic violence can have devastating effects.

Allegations of Sexual Assault and Sexual Violence

A petition for an Order of Protection can also be based on claims of sexual assault. This is a very serious accusation involving any non-consensual sexual act or contact, falling under the broader category of sexual violence.

Fighting this type of allegation in an order of protection case requires a careful, fact-based, and strategic defense that meticulously examines the evidence surrounding the alleged incident of sexual assault. These are grave accusations, and the court treats them as such when considering an order of protection. A false allegation of sexual assault can ruin a person’s life and requires an immediate and vigorous defense.

The Terms of the “No Contact Order” and Legal Protection

At its core, an Order of Protection is a specific, legally binding type of no contact order. The legal protection it provides is comprehensive and designed to ensure the petitioner’s ongoing safety. It will typically prohibit contact of any kind and require you to stay a certain distance away from the petitioner, their children, their home, and their workplace.

Understanding the exact terms of this no contact order is critical. A protection violation is not just a mistake; it is a criminal act with its own severe legal consequences, separate from the original allegations of the order of protection.

How an Order of Protection Hearing Functions as a Domestic Violence Case

When you are served with a petition for an order of protection based on allegations of domestic abuse, it is crucial to understand that you are now involved in a domestic violence case. Although the Order of Protection hearing is a civil proceeding, it carries immense weight and has a direct connection to the criminal justice system.

The testimony given, evidence presented, and the judge’s final decision in the civil hearing can all have a significant impact on whether criminal charges are filed.

The evidence from your protection hearing can be used by law enforcement and prosecutors to press charges in a potential criminal domestic violence case. Successfully defending against the restraining order in civil court can be a critical step in preventing criminal charges related to domestic violence.

Therefore, you must treat this civil hearing for an order of protection with the seriousness it deserves. A weak defense or a poor outcome can have cascading effects, making it more difficult to fight any subsequent criminal charges.

This is why securing experienced legal representation is not just an option; it is a necessity for anyone facing a domestic violence case and in need of a Criminal Defense Attorney. A skilled attorney can provide crucial legal guidance.

Understanding the Legal Process from a Respondent’s Perspective

To effectively defend yourself against an order of protection, you need to understand the court process. An Order of Protection case has two main phases:

1. The Ex Parte Temporary Protective Order (TPO)
   This is the document you were likely served with. A judge has granted this temporary order based on one side of the story. Its purpose is to provide immediate legal protection until a full court hearing can be held. The TPO is not a final decision and is not a finding of guilt. This is a standard ex parte order. It’s important to remember that this ex parte order is temporary. However, you must comply with the ex parte order until the hearing. An ex parte order is a serious court order.
2. The Final Protection Hearing: Your Opportunity to Be Heard
   The TPO will include a hearing date for your final protection hearing, typically scheduled within 15 days in the local Circuit Court. This hearing is your critical opportunity to present your side of the story regarding the order of protection. It is essential that you attend this court hearing. If you do not show up, the judge is very likely to grant a final, year-long Order of Protection against you. The decision made in the Circuit Court will have lasting effects.

Building a Strong Defense: How to Win an Order of Protection Hearing

Your goal at the final hearing for the order of protection is to show the judge that the petitioner has not met their “burden of proof.” A strategic defense is your best tool to fight the order of protection.

Challenging the “Burden of Proof” in Tennessee

In Tennessee, as established by state law, the petitioner must prove their allegations by a “preponderance of the evidence.” This means they must convince the judge that it is more likely than not that the alleged domestic abuse or stalking occurred. They must provide enough evidence for the order of protection to be granted.

This is a much lower standard than “beyond a reasonable doubt,” but it is not automatic. Your defense strategy for the order of protection is to introduce evidence and testimony that demonstrates the petitioner’s claims are not credible, are exaggerated, or are entirely false. You must show there is not enough evidence for the order of protection.

How to Gather Evidence to Defend Yourself

To counter the petitioner’s claims for an order of protection, you must present evidence of your own. Think about what proof you have to disprove their allegations or show that their motives are questionable.

• Preserve All Communications: Save every text message, email, and social media interaction. These can provide crucial context that disproves a claim of harassment. Your phone records can be key.
• Create a Timeline of Events: Write down your account of any incidents the petitioner has alleged, including dates, times, and what actually happened.
• Identify Witnesses: Can anyone testify on your behalf? An alibi witness is powerful. Witness statements from people who have observed the petitioner making false statements can also create doubt.
• Gather Counter-Evidence: If they claim an incident happened at a specific time, can you provide receipts, GPS data, or work records showing you were somewhere else? Look for any procedural errors made by court staff or police.
• Police Reports and Medical Records: If you were the one who called the police or if you have medical records that contradict the petitioner’s story, these are crucial.

Strategic Steps: How to Fight an Order of Protection in Tennessee

Once you have gathered your initial evidence, it’s time to build your defense strategy. Fighting an Order of Protection requires a methodical and proactive approach.

Step 1: Secure Experienced Legal Representation

This is the single most important step you can take when facing an order of protection. An experienced attorney who understands Tennessee’s Order of Protection laws can make a significant difference. They can identify weaknesses in the petitioner’s case, spot procedural errors, and formulate the most effective legal arguments on your behalf. Navigating a court hearing alone is extremely risky; it’s always best to seek legal guidance.

Put a Seasoned Defender in Your Corner

When you are falsely accused, you need more than just any attorney—you need a seasoned defender.

Ben Marsee is a criminal defense attorney who has dedicated nearly two decades to defending the accused across the Upper Cumberland.

Having handled over 10,000 criminal cases, including numerous complex jury trials for the most serious felony charges, Ben possesses a deep understanding of courtroom strategy and the tactics used in cases involving false allegations.

His reputation for unshakable advocacy and strategic litigation makes him the powerful ally you need when your freedom and reputation are on the line.

Learn more about Ben Marsee’s experience and contact us today for a confidential consultation to build your defense.

Learn more about Orders of Protection in Tennessee.

Step 2: Analyze the Petitioner’s Allegations

Carefully read every claim made in the petition for the order of protection. You can find the official forms used for these petitions at the Tennessee State Courts website. Do not dismiss any detail. Break down each allegation, whether it’s for domestic abuse or something else, and compare it to your timeline and the evidence you have gathered. Look for:

• Inconsistencies: Are there contradictions in the petitioner’s story?
• Exaggerations: Are they embellishing the facts to make a situation seem worse than it was?
• Lack of Specificity: Vague claims without dates, times, or details are harder to prove in court.

Step 3: Navigating the Court Hearing: Your Conduct and the Law

Your behavior in court is critically important. A judge’s perception of you can be influenced by your demeanor and respect for the legal process. It is essential to stay calm and dress appropriately for court. Business casual is always a safe choice.

Understand that you are in a formal legal proceeding where a judge will issue legally binding court orders. The petitioner is referred to as the “allegedly abused party,” and your role is to respectfully challenge that narrative with facts and evidence. The court is tasked with determining whether the claims warrant the issuance of various protection orders or protective orders.

Remember that Tennessee carries serious penalties for violations of these orders, as outlined in Tennessee Code § 39-13-113. A judge’s decision is final, and presenting yourself as a calm, rational, and respectful individual is a key part of a successful defense strategy.

Step 4: Prepare Your Testimony

You will have the opportunity to speak at the order of protection hearing. It is crucial that your testimony is clear, factual, and consistent. Work with your attorney to practice your testimony. You should be prepared to calmly and respectfully tell the judge your side of the story, using your evidence to support your statements.

Step 5: Challenge the Petitioner’s Evidence

At the hearing for the order of protection, your attorney will have the opportunity to cross-examine the petitioner and any witnesses they bring. This is a critical phase where your legal team can challenge the credibility of the petitioner’s claims, poke holes in their story, and present your counter-evidence to the judge.

Defining an ‘Alleged Violation’: What Actions Break the Order?

An alleged violation is a claim by the petitioner—or observed by law enforcement—that you have broken the terms of the order of protection. It is crucial to understand that even if you believe you are innocent of the original claims, an alleged violation triggers a new and separate criminal process. The petitioner does not need to prove you intended to cause harm; they only need to show that you knowingly violated the specific terms of the order.

Common actions that lead to an alleged violation include:

• Direct Contact: A single text message, phone call, email, or social media message is a violation.
• Third-Party Contact: Asking a mutual friend or family member to pass a message to the petitioner is a clear violation.
• Proximity: Coming within the prohibited distance of the petitioner’s home, school, or workplace, even if you don’t speak to them, is a violation. This includes “accidental” encounters in public places if you do not immediately leave.
• Surveillance: Driving by the petitioner’s house or following them can be considered a violation.

Even if the petitioner contacts you first, responding can still be considered an alleged violation on your part. The responsibility to follow the court order is entirely on you.

The Serious Consequences of a Final Protective Order

If you are unsuccessful at the hearing, a final Order of Protection carries severe legal and civil consequences. Tennessee varies in how strictly these are enforced, but the potential penalties are always serious.

• Loss of Firearm Rights: You will be legally prohibited from purchasing or possess firearms.
• Impact on Your Record: While a protective order is a civil court order, it is public and can appear on background checks, affecting employment and housing. The civil consequences can be long-lasting.
• Impact on Custody Cases: An active order of protection can be used against you in child custody proceedings.
• Risk of Criminal Charges: A protection violation of the final order of protection can lead to immediate arrest and additional criminal charges. A conviction can result in significant jail time. There is rarely an opportunity for early release for a protection violation.

Civil Contempt vs. Criminal Charges for a Protection Violation

If you violate an order of protection, you can face both civil contempt and criminal charges. Civil contempt is a legal action taken by the petitioner, where they ask the court to enforce the court order. This can result in fines or jail time until you comply with the order of protection. Separately, the state can press charges against you for the protection violation, leading to a criminal record and more significant jail time.