What is an Order of Protection? A Petition for Order of Protection is a civil (not criminal) case in which the the alleged victim (Petitioner) is suing the alleged perpetrator (Respondent) and claiming he or she needs immediate protection due to domestic abuse, stalking, or sexual assault. There must be a family or domestic relationship between the two, with the exception of a sexual assault allegation. The Petitioner has the burden to prove the allegations occurred. At the time the Petition is filed, if good cause is shown the Petitioner can be granted a temporary order of protection, which immediately goes into effect.
If you've been granted an Order of Protection against someone for domestic abuse, stalking, sexual assault, or other ground, a new law enables you to lawfully carry a firearm without having a handgun carry permit for a limited period of time.
This criminal defense post is to clarify a common misconception about Domestic Violence in Tennessee courts, specifically the ability of an alleged victim to dismiss the case. There are generally two ways someone can be brought to court for a domestic violence-related offense: