What Evidence Do You Need for an Order of Protection in Tennessee?

When you are living in fear due to the threat of domestic abuse, stalking, or harassment, an Order of Protection is a critical legal tool designed to keep you and your family safe. However, a judge in Tennessee cannot grant these powerful protection orders based on your word alone. To successfully obtain an order of protection, you must provide the court with credible evidence.

So, what proof do you actually need to win your case? In Tennessee civil courts, the legal standard is called “preponderance of the evidence.” This is a lower burden of proof than in a criminal court. It means you must show that it is more likely than not that the domestic violence, threats, or stalking occurred. Vague claims are often dismissed; the success of your petition hinges on the quality and specificity of your proof. Gathering convincing evidence is the most important step you can take.

Understanding the Burden of Proof: “Preponderance” vs. “Clear and Convincing Evidence”

While “preponderance of the evidence” is the standard for obtaining an Order of Protection, you may hear another legal term: “clear and convincing evidence.” It is vital to understand the difference.

As defined by legal institutions like the Cornell Law School Legal Information Institute, “clear and convincing evidence” is a much higher and more rigorous legal standard, requiring proof that a fact is substantially more likely to be true than not.

This standard is used in serious civil cases, such as those involving the termination of parental rights or matters of child adoption.

For petitioners in Tennessee seeking an Order of Protection, the burden of proof is intentionally lower to ensure that victims in genuine danger can access legal protection without facing an insurmountable legal hurdle.

Your task is to present a collection of evidence that, when viewed as a whole, makes your case more believable than the respondent’s.

Qualifying Actions: Domestic Abuse, Stalking, and Sexual Assault

Before gathering evidence, it’s essential to understand what grounds qualify for an order of protection in Tennessee. The law is designed to protect victims of specific crimes, especially when there is a particular relationship between the parties.

Who is Protected? Spouses, a Same-Sex Partner, and When the Abuser Lives With You

The grounds for filing are specific to the relationship between the petitioner and the respondent. You can file if you have experienced abuse from:

• A spouse or ex-spouse
• A current or former partner, including a same-sex partner
• Family members (by blood, marriage, or adoption)
• Individuals who have children together
• Any household member where the abuser lives

The law also protects victims of sexual assault and stalking regardless of their prior relationship, as well as vulnerable adults (those over 18 with a disability) who are being abused or exploited.

If you are a victim of these acts, the courts provide the order of protection as a legal remedy, which is distinct from a general restraining order and falls under the practice of Family Law.

Defining the Abuse: Domestic Violence, Sexual Violence, and Protecting the Vulnerable

It’s important to have a clear understanding of what constitutes abuse under Tennessee law, as this will guide the evidence you collect.

• Domestic Violence and Physical Harm: The most straightforward grounds for an order are incidents of domestic violence where someone physically hurts you. This includes hitting, pushing, slapping, or any form of physical assault. However, the legal definition is much broader and is not limited to physical contact; it also includes psychological and emotional abuse.
• Sexual Violence and Sexual Relationships: Tennessee law provides strong protections for victims of sexual violence. You can file for an Order of Protection if you have been a victim of any non-consensual sexual act. This is true even if the act occurred within a marriage or a consensual sexual relationship that later became abusive. Importantly, you do not need to have had a prior relationship with the perpetrator to file based on sexual assault.
• Protecting the Vulnerable Adult: The law also has specific provisions to protect a vulnerable adult. Under Tennessee Code § 71-6-102, this is defined as a person 18 years or older who has a physical or mental disability that makes them unable to manage their own resources or protect themselves from abuse or neglect. If a vulnerable adult is being harmed—physically, emotionally, or financially—a petition can be filed on their behalf to secure an Order of Protection.

Proving You “Feel Terrorized”: What It Means in Court

A key element in the legal definition of stalking under Tennessee Code § 39-17-315 is that the behavior would cause a reasonable person to “feel terrorized.” This is more than just feeling annoyed or uncomfortable; it’s about a legitimate and profound fear for your safety or the safety of your family. Proving this emotional state is crucial for the judge’s decision.

Evidence that can help you demonstrate that you feel terrorized includes:

• Testimony about Changed Behavior: Explain in court how the respondent’s actions have forced you to change your daily life. Do you take a different route to work? Have you stopped going to certain places? Have you warned your children’s school about the person?
• Documentation of Security Measures: Have you installed a security camera, changed the locks on your doors, or blocked the person on all social media? These actions demonstrate a real and credible fear.
• Medical or Therapeutic Records: If the stress and fear have caused you to seek medical help for anxiety, panic attacks, or sleeplessness, these records can serve as powerful evidence of the emotional toll.
• Witness Testimony: Friends, family, or co-workers who can testify that they have witnessed your fear and seen how the respondent’s actions have impacted your emotional well-being can be very persuasive.

Your goal is to show the court that the respondent’s pattern of behavior has created a climate of fear that has tangibly disrupted your life and sense of security.

The Four Core Types of Evidence Accepted in Court

While the specific items you collect will be unique to your situation, all evidence generally falls into four categories. Focusing on gathering items from each of these categories will help you build a well-rounded and persuasive case for the judge to review.

1. Testimonial Evidence (What You and Others Say)
   This is the story told to the judge. It includes your own clear and consistent testimony about what happened. It also includes the testimony of any witnesses who can support your claims. A firsthand account from a neighbor who heard threats, a friend who saw your injuries, or even co-workers who witnessed the harassment can be incredibly powerful in family court.
2. Documentary Evidence (Writings, Records, and Communications)
   This category includes any form of written proof. In the digital age, this is often the most crucial type of evidence in a domestic violence case.
   • Text Messages, Emails, & Social Media: Do not delete anything. Take clear screenshots of harassing or threatened messages, ensuring the sender’s name and the date are visible. This digital evidence can directly prove threats and a pattern of harassment. A single text message can be powerful.
   • Police Reports: If you have ever contacted law enforcement, the official report provides a credible, third-party account of the incident. This is a vital piece of other evidence.
   • Medical Records: If you’ve been physically hurt, your medical records from a doctor or hospital serve as official documentation of your injuries, proving physical harm.
   • A Personal Journal: A detailed log where you record the date, time, location, and description of every incident of stalking or abuse can transform a series of seemingly small events into a clear pattern of harassment.
3. Physical Evidence (Tangible Items)
   This is any tangible object that a judge can see or touch. This could include things like damaged personal belongings, a torn piece of clothing, or a weapon used to threaten you.
4. Demonstrative Evidence (Visuals)
   This type of evidence illustrates or demonstrates a key fact. It’s often the most compelling proof in a courtroom.
   • Photographs: Clear photos of injuries, property damage (a broken door, slashed tires), or the abuser violating a prior order.
   • Video Recordings: Footage from a security camera or doorbell cam that captures the abuser trespassing, threatening you, or where the stalker directly confronts you.

The Legal Process: From Temporary Order to Final Orders

The process for obtaining protection involves several key steps and types of orders, all of which are handled within the local county courthouse. You can find the necessary legal forms on the official Tennessee State Courts website.

The Temporary Restraining Order and the Standard of “Immediate Danger”

When your petition is first filed, a judge can issue a temporary ex parte order, sometimes referred to as a temporary restraining order or temporary order. This initial order is granted “ex parte,” meaning without the other party present. To grant this, the judge must believe you are in immediate danger of harm. This legal standard means there is a present and credible threat, and waiting for a full hearing could result in injury or further abuse. Your petition must clearly state why protection is needed right now. This could be due to a recent escalation in threats, a specific act of violence, or a pattern of stalking that has become more aggressive.

The Final Hearing: How a Judge Decides Your Case

You will be given a court date for a full hearing. At this hearing, the judge decides whether to issue a final order of protection. Unlike the temporary order, both parties have the right to be present, present evidence, and make their case.

The judge acts as a neutral fact-finder. Their decision is based only on the evidence and testimony presented during the hearing. The judge will weigh your evidence against the respondent’s evidence (if any) and determine which side is more credible.

A judge’s decision is influenced by clear, organized, and consistent evidence. They are looking to see if your proof establishes that it is “more likely than not” that the abuse or stalking occurred.

A well-prepared case with specific examples is far more persuasive than general accusations. If the judge is convinced, they will issue the final order.

These final orders can last up to one year and can sometimes be extended. In cases of severe domestic violence, a lifetime order may be granted.

Benefit from a Former Judge’s Insight

As a former Criminal Court Judge for the 13th Judicial District, David A. Patterson presided over countless criminal cases, including those involving violations of Orders of Protection.

For 30 years, he made the critical decisions that impacted the safety and futures of individuals across seven counties.

His 16 years as a prosecutor, where he handled major crimes, give him a profound understanding of how evidence is used to build a case. Now as a partner at Crabtree & Patterson, he uses this extensive experience to help clients navigate the legal system and achieve positive outcomes.

If you are preparing to file for an Order of Protection, benefit from the insight of an attorney who has sat on the other side of the bench. Learn more about David A. Patterson or contact us today for a confidential consultation to discuss your case.

Learn more about our Order of Protection services.

Civil Protection Orders vs. Criminal Court: A Critical Distinction

It’s crucial to understand that an Order of Protection is initially a civil matter, and the civil court has jurisdiction over the case. You are petitioning this court, asking a judge to place legal restrictions on another person to ensure your safety. The process is between you (the petitioner) and the other person (the respondent).

However, the moment that civil order is violated, it transforms into a criminal matter requiring a skilled Criminal Defense Attorney.

The Role of the District Attorney When an Order is Violated

If the respondent violates the protection order, law enforcement has the authority to arrest them. At this point, the case is handed over to the District Attorney’s (DA) office.

The District Attorney is the chief prosecutor for a judicial district, representing the State of Tennessee in criminal cases. When an Order of Protection is violated, it is considered a crime against the state, not just against the individual petitioner. The DA’s office will then prosecute the respondent in criminal court.

This criminal case is entirely separate from your civil Order of Protection. It can result in serious penalties, including:

• Criminal charges (typically a Class A Misdemeanor)
• Jail time and fines
• A permanent criminal record for the respondent

While your testimony and cooperation are vital to the District Attorney’s case, the decision to press charges and prosecute rests with the DA’s office. This is why a violation is so serious—it triggers a completely separate legal action led by a state prosecutor.

The Role of a Domestic Violence Advocate

You do not have to navigate the court system alone. A domestic violence advocate is a trained professional who provides crucial support and guidance to victims. They are a confidential resource dedicated to helping you stay safe.

A local domestic violence advocate, such as those from the Tennessee Coalition to End Domestic and Sexual Violence, can be an invaluable asset. They are familiar with the specific procedures of the Putnam County courthouse, the personnel at the court clerk’s office, and other local resources for you and your children. Their services often include:

• Safety Planning: Helping you create a practical plan to increase your safety.
• Filing Assistance: Guiding you through the process of filling out and filing the petition for an Order of Protection.
• Court Accompaniment: Attending court hearings with you to provide emotional support.
• Resource Connection: Connecting you with local shelters, counseling services, and other community support systems.

While a domestic violence advocate provides essential support, it is important to remember that they are not attorneys. They cannot provide legal advice or represent you in court. Their role is to support and guide you, while an attorney’s role is to provide legal representation and advocate on your behalf.