![]() Stalking victim (see Definition below).Ī domestic abuse victim is defined as: “adults or minors who are current or former spouses adults or minors who live or have lived together adults or minors who are dating or have dated or who have or had a sexual relationship adults or minors related by blood or adoption adults or minors who are related or were formerly related by marriage or adult or minor children of a person in a relationship that is described above” who have been subjected to, threatened with, or placed in fear of domestic abuse.ĭomestic abuse is defined as: “ A) inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means B) placing an adult or minor in fear of, or in, physical harm or physical restraint C) causing malicious damage to the personal property of the abused party or D) intentionally engaging in behavior that amounts to financial abuse” ( financial abuse is a new mid-2023 law change).Domestic abuse victim (see Definitions and below).Under Tennessee law, these people can get an order of protection: If the petitioner has not proven the allegation(s) of domestic abuse, stalking, or sexual assault by a preponderance of the evidence, the court will dissolve the Ex Parte Order of Protection. The types of protections included in an Ex Parte Order of Protection may include, but are not limited to: At the conclusion of the hearing, if the Petitioner has proven the allegation(s) of domestic abuse, stalking or sexual assault by a preponderance of the evidence, the court will issue a Temporary Order of Protection for a definite period of time, not to exceed one (1) year. The Respondent will be served at least five (5) days prior to that hearing. Within that 15-day period, a hearing must be held to determine if a Temporary Order of Protection will be granted. If granted, Ex Parte Orders of Protection only last fifteen (15) days after the Respondent has been served with the order. ![]() ![]() Considerations for a showing of good cause may include the Petitioner’s injuries and fear of retaliation, as well as the Respondent’s history of violence, pattern of conduct, access to weapons, criminal history, proclivity to drink and do drugs, history of mental illness, and threats and attacks against the petitioner. An immediate and present danger of abuse to the Petitioner constitutes good cause. The victim petitions the court, and the court will grant an Ex Parte Order if good cause is shown. An Ex Parte Order of Protection is sought by the Petitioner when he or she is seeking immediate relief. ![]()
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