Abuse is a problem which affects many families and relationships in every ethnic, religious, and economic group. You are an abused person if any person abuses you physically or emotionally.

You have the right to stop the abuse. No person, not even your spouse, has a right to beat you or abuse you. You have the right to leave and find a safe place to stay. If you have children, make every effort to take them with you when you leave. If you have to leave without your children and feel they are in danger, call your county's Child Protective Services office to report the danger your children may face.

If the person who is abusing you or one of your children, is one of the people listed below, you may be able to use a civil Order of Protection to stop the abuse. If the abuser is a:

Spouse;
Person living as your spouse;
Person related to you by blood or marriage;
The parent of your child;
A person with whom you are having a sexual relationship where either person is currently pregnant.
Any other person jointly residing in the same dwelling unit who is eighteen (18) years of age or older, or who is emancipated.

You may ask for an Order of Protection from any court in your county which handles divorces. The Clerks of these courts are required to have "fill in the blank" petitions for you to complete. Currently, the person seeking the Order of Protection is not required to pay the court costs when applying. Court costs will have to be paid before the case is closed.

The application will ask for information about you, your residence, and the person against whom you are seeking an order of protection. You will also need to describe in detail, the reasons and events which cause you to want an Order of Protection. Once the application is completed, you will be asked to sign it under Oath and it will be taken to Judge or other authorized person for review.

After review, the Judge may issue an ex parte Order of Protection. You will be given a certified copy of the ex parte Order. Please keep this copy with you at all times. This ex parte Order will tell your abuser to stop abusing, threatening to abuse, or committing acts of violence upon you. It will also notify your abuser when to appear for a hearing. The ex parte Order does not require your abuser to leave your home nor does it keep your abuser away from you. Because abuse often increases immediately after service, you may want to find safe shelter before taking out the Order of Protection. Should abuse occur after you have obtained an ex parte Order of Protection, call the police.

Once signed by the Judge, the ex parte Order must be served upon the abuser. Service on the abuser can be done in two ways. The first is by the Court's process servers. Please make sure to give the process servers the best and most complete information you have about where your abuser can be found. If the Court's process servers can not find the abuser but you should see him or her out, you can use the second method of service.

The second method is for any uniformed officer to serve your abuser, using the copy of the ex parte Order the clerk gave you. When you see your abuser, call the police and request them to send an officer to serve your copy of the ex parte Order. Be sure to get the name and badge number of the officer who serves your abuser. Also ask the officer to be sure to report to the Court Clerk the fact that the abuser was served and how. If your original copy is used to serve your abuser, please get another copy of the ex parte Order from the court clerk to keep with you.

Once the abuser has been served, a hearing will be set within ten days of the day the abuser is served. Most of the cases do not have hearings because the parties agree to an Agreed Order of Protection. If there is no agreement and there is a hearing, each of you will have the opportunity to tell your side and the Court will decide whether to issue a Final Order of Protection. In deciding whether or not to issue an Order of Protection, the Judge will want to hear any evidence either side has such as doctors' or hospital reports, witnesses, or pictures. If he finds by a preponderance of the evidence, that is, over 50%, that the abuse occurred, he will issue a Final Order of Protection. The Final Order of Protection may last up to a year, and it is possible to extend one beyond that.

The Order of Protection will order your abuser not to abuse, threaten to abuse, or commit an act of violence upon you. It may also order your abuser not to come about you; require your abuser to move from your residence or provide another residence for you and children; address who is to have custody of your children; order your abuser to provide support for children you have together; and, if you and your abuser are married, order your abuser to provide support money for you.

This tape has given you some information about you legal rights as a victim of domestic abuse. Naturally, the tape has been too short to tell everything you need to know. In addition, every situation is different. For those reasons, you should talk with a lawyer or domestic violence advocate for more information.

Remember, no person has a legal right to hurt you, not even your spouse. You can use the law to stop the abuse you have suffered.

Using Tennessee Orders of Protection in other states

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.