How to Get an Order of Protection in Tennessee
A clear guide to Tennessee's Order of Protection process for survivors.
Understanding Protection Orders in Canada
Who Can Request a Protection Order
In Canada, different provinces and territories use different names such as “protection order,” “restraining order,” “peace bond,” or “emergency protection order.” The exact rules vary by region, but in many places a person may ask the court or police for a protection-related order if:
- They are experiencing physical, sexual, emotional, or psychological harm, threats, or controlling behaviour from a partner, ex-partner, family member, or another person in their life.
- They reasonably fear for their safety or the safety of their children or other dependants.
- They have been threatened or harmed and want conditions to reduce further contact or risk.
In some situations, someone can request a protection order on behalf of another person, such as:
- A parent or guardian applying for a child or teen.
- A substitute decision-maker or other legal representative, if allowed in that province or territory.
- Police or victim services workers requesting an emergency or short-term order, where local laws permit.
Names, rules, and eligibility criteria for protection orders differ across provinces and territories. Local legal clinics, community agencies, or victim services can explain options in your area without giving you formal legal representation.
From Temporary Order to Full Hearing
Many protection order processes have similar stages, although the details vary by region and by the type of order.
1. Temporary or Emergency Order
- In some areas, a judge or justice can grant a short-term order very quickly, sometimes without the other person present (“ex parte”).
- This may happen in urgent situations, or outside regular court hours, often with help from police or a designated official.
- The temporary order usually lasts only until a certain date or until a full court hearing can be held.
2. Service on the Other Person
- Once a temporary order is made, the other person (the “respondent”) generally must be officially given (“served with”) the documents.
- Service is typically done by police, a sheriff, a process server, or another authorized person—not by the person requesting protection.
- The respondent is told when and where the next court date or full hearing will happen and what the temporary conditions are.
If a protection order is granted, it can help to keep a copy with you and give copies to key places like your child’s school or daycare, where safe and appropriate.
3. Full Court Hearing
- At the full hearing, a judge or justice reviews information from both sides, if the respondent chooses to participate.
- Depending on the type of order and local rules, the court may:
- Confirm and extend the order.
- Change the terms.
- End the temporary order.
- After this hearing, a longer-term protection order may be put in place, with specific conditions and an expiry date.
Free or low-cost legal information is available in many regions. Community organizations can help you understand forms, court dates, and what to expect, but cannot promise any particular outcome.
Common Protections a Court May Grant
The conditions in a protection order depend on your situation, local laws, and what the judge decides is necessary and reasonable. Examples of protections that may be included are:
- No contact: The respondent may be ordered not to contact you directly (in person, phone, text, email) or indirectly (through others), except as allowed by the order.
- Stay-away conditions: The respondent may have to stay a set distance away from places like your home, workplace, school, or other locations you regularly visit.
- Limits on electronic contact: Conditions might cover social media, messaging apps, or other digital contact.
- Possession of the home: In some cases, the order may say who can stay in the shared home and who must leave, even if both names are on the lease or title.
- Firearms and weapons restrictions: The respondent may be required to surrender firearms and may be banned from possessing weapons for a period of time.
- Contact with children: The order may set out when, how, or if the respondent can see or communicate with children, sometimes with supervised contact or specific exchange locations.
- Other safety-related rules: Conditions can be tailored to the situation, such as not attending certain community places or not consuming substances before contact with children.
Violating a protection order can be a criminal offence in many situations. If you believe the order has been breached, you can contact local police or another trusted service to discuss options that feel safest to you.
Typical Duration of Protection Orders
How long a protection order lasts depends on the type of order and the province or territory. Common patterns include:
- Emergency or interim orders: Often short-term, such as a few days, weeks, or until the next court date.
- Longer-term civil protection orders: In some regions, these may last months or up to a set number of years before they expire or need renewal.
- Criminal-related orders (such as conditions on release or sentencing orders): These usually last for the period set in the criminal case, which may be months or years.
In some places, a person can apply to change, shorten, or extend an order before it expires, depending on local laws and their current safety situation.
For more details about options where you live, you can contact a local victim services program, community legal clinic, or newcomer support agency. Many of these services can be located through listings at https://www.dv.support.