Orders of Protection

An Experienced Advocate, Fighting to Protect Your Rights

Does your ex-spouse or other family member have an order of protection or restraining order against you? Does it prevent you from seeing your children or getting to and from work without being in violation? Have you been accused of violating an order of protection?

Attorney Ed DeWerff, a former prosecutor and the founder of the Clarksville Law Office of Edward E. DeWerff, can help. He has first-hand knowledge of what is necessary to keep a temporary order of protection from becoming a final order of protection. He also understands what can be done to eliminate or reduce the consequences when you have been charged with violating a restraining order.

Contact our Montgomery County lawyer at 931-216-8616 (cell phone 24/7) or 931-444-6038 (office) to schedule a free initial consultation.

A Tennessee Criminal Defense Lawyer, On Your Side

Under Tennessee law, an order of protection prevents one person from harming the person who sought the order, or putting him or her in fear of harm. All that is required for the issuance of an order of protection is the reasonable fear of harm and a "special relationship" between the parties, such as that of current or former spouses or partners and family members.

Orders of protection are usually issued for the duration of one year. They can have severe consequences, including:

  • An order to stay away from the person who sought the order, whether or not you live together or work in the same place
  • An award of temporary custody of your children and possible prevention from visiting your children
  • An award giving your spouse or partner sole possession of your residence
  • An order to surrender your firearms, unless you need them to perform work duties

Violation of an order of protection can lead to severe fines and jail time, as well as an increased likelihood of harsh treatment in future legal matters, especially those related to divorce or child custody proceedings. Notably, an order of protection elevates a crime - that can mean being charged with aggravated assault (which often leads to jail time) for something as simple as yelling at your former spouse.

For these reasons, it is very important to fight the issuance of an order of protection. This can be done by demonstrating your spouse's or partner's "fear of harm" is not reasonable, or by showing that he or she is filing for this order to gain the upper hand in a divorce or custody dispute. It is also very important to remember that an order of protection can only be dismissed or expunged after a formal hearing - reconciliation with your spouse or partner is not enough.

Contact Our Clarksville Order of Protection Defense Law Firm

Have you been accused of a probation or parole violation that could put you back in jail? To talk an experienced Tennessee criminal defense attorney, please contact us to schedule a free initial consultation.