In Nashville, an order of protection can offer immediate and necessary legal protection to a victim of abuse or threats of violence. These court orders, often obtained with the assistance of a Nashville order of protection lawyer, can require an abuser to leave your home, stay out of your place of employment, and cease any and all communication or type of contact. Obviously, the requirements of a Nashville order of protection, under Tennessee law, are robust and beneficial for many victims.
So, what makes an individual in Nashville eligible for an order of protection? These are five situations in which a Nashville order of protection lawyer can take your case.
#1: You Are the Victim of Domestic Violence
More orders of protection are issued for instances of domestic violence, abuse, or threats than under any other circumstances. Not only does the Nashville court system have a great understanding for victims of these events and unfortunate circumstances, but also an order of protection can be granted to coincide with a family law matter in the family court.
However, even in this highly sympathetic situation, a victim of domestic abuse needs some evidence or proof of the abuse or violence. This evidence can include hospital reports, photographs, eyewitness accounts, and victim statements. A Nashville order of protection lawyer can help you gather this evidence and file in the appropriate court of an order of protection.
#2: Someone Is Harassing You Online
Technology, ranging from mobile phones to email accounts, has given us many ways to communicate with one another. These electronic tools and devices are used to talk with family around the world and friends on the other side of the state. However, technology has also allowed unwanted individuals into our lives in a brand new way.
Online harassment and abuse are recognized by the court as a valid reason to file for an order of protection. You’ll need to provide examples of the harassment. As well, you’ll likely show that there was the threat of violence or ongoing verbal abuse to receive an order of protection in your favor, but a Nashville order of protection lawyer can help you make a strong case against an online harasser.
#3: You’ve Received Threats of Immediate Physical Harm
The courts in Nashville take threats of physical harm or injury very seriously and will grant a Nashville order of protection on this basis. Most often, the individual receiving the threats must file for an order of protection to be the beneficiary, but there are some exceptions to this rule. For example, a parent could file for an order of protection when an individual is making threats of immediate physical harm or violence against his or her child.
#4: You Are the Victim of a Criminal Offense
If you’ve been the victim of a criminal offense, particularly a violent offense or one involving threats of violence, then it would be extremely difficult to face the defendant of this crime. The courts in Tennessee believe that you also have the limit or outright restrict the contact the defendant has with you and your family by allowing crime victims to file for a Nashville order of protection.
Judges in Nashville are more likely to grant an order of protection after crimes involving deadly or dangerous weapons, such as assault by a gun or knife, and after crimes of sexual misconduct. However, in certain instances, victims of non-violent crimes can also receive an order of protection.
#5: Your Family Member Was the Victim of a Homicide
This is one instance when you don’t need to be the direct victim of a crime, threats, or harassment to file for an order of protection. If a family member was the victim of a homicide, in particular, an intentional homicide, then a court in Nashville can grant an order of protection against the person accused of that crime.
Ask a Nashville Order of Protection Lawyer
Do you need to file for an order of protection, but your circumstances don’t fit any of the situations described above? You may still be eligible for an order of protection in Tennessee, and a Nashville order of protection lawyer at Surber, Asher, Surber & Moushon, PLLC can help. Contact our Nashville law firm at (615) 997-1908.