What is an Order of Protection

An Order of Protection is a paper signed by a Judge to protect you from certain people who have hurt you or threatened you and if there is an immediate danger of harm. You do not have to hire an attorney to get an Order of Protection.

WHO CAN YOU GET AN ORDER OF PROTECTION AGAINST?
You can file an Order of Protection if one of these people has hurt or threatened you:

• Your past or present husband or wife
• Your child’s other parent
• Someone you live with or have lived with
• Someone you date or used to date
• Someone you have had a sexual relationship with
• Someone related to you by blood, marriage (currently or in the past) or adoption
  OR
• Someone who has sexually assaulted/abused you or someone who has stalked you, no matter what the relationship

WHAT’S THE BEST WAY TO GET AN ORDER OF PROTECTION?
You always have the right to file for an Order of Protection. You do not have to file within a certain number of days after the other person hits or threatens you. However, it is in your best interest to file as soon as possible after the incident occurs.
Delay in seeing the Judge or Magistrate may decrease your chance of getting the Order.

HOW DOES AN ORDER OF PROTECTION HELP?

1. An Order of Protection orders the other person not to abuse or threaten to abuse you or your children.
2. An Order of Protection can order the other person not to contact you or your children.
   
3. It gives you the power to have the other person arrested, without a warrant, if they bother you or your children after they know about the Order.
   
4. It can make the person move out or pay for another place for you and your children to live.
   
5. It can give you temporary custody of the children.
   
6. It can order the other person to pay support for you and/or the children.
   
7. It can order the other person not to hurt or threaten you and your children even though the person still lives with you.

HOW DO I FILE FOR AN ORDER OF PROTECTION?
You must fill out a petition for an Order. If you are married or were married to the person you are filing for protection from, you go to the Clerk & Master’s Office, third floor of the Courthouse in Columbia, during office hours. They can assist you with the paperwork.

If you are not married or have never been married to the person you are seeking protection from, see the Magistrate at the Maury County Jail. (Although they usually have someone on call, it is best to call their office to ensure the Magistrate is in. Phone: 380-5733 ext. 281-day, ext. 286-night)

Filling out the Petition: You will need to give a brief explanation of your situation in writing. Do not stretch the truth or make up things that did not occur, but be sure to tell what has happened and state why you are in danger and fearful of the other person. Ask for additional paper if necessary.

COSTS: If you drop the charges or if the Judge does not grant you the Order, you may be responsible to pay the fees incurred. If you are granted the Order, the other party pays the fees.

WHAT HAPPENS AFTER I FILE?
If the Judge or Magistrate decides you need protection, they will sign an Order right away. This first Order is called an “ex parte” order. It is a temporary order until the Judge holds a hearing. It orders the other person to leave you alone. If the Judge or Magistrate signed the “ex parte” order, you will get a copy. Save your copy in case you need to show it to the police, your boss or the landlord. The Sheriff’s Office will serve the paperwork on the other person. It is important that you give the address where this person can be found. When they do, they will read the Order to him or her and explain when the hearing will be.
Once the other person knows about the Order, you can have them arrested without a warrant if they hurt or threaten you or your children. A hearing will be held within fifteen days, but no less than five days after the Order is served.

DO I HAVE TO ATTEND THE COURT HEARING?
YES, you must attend the hearing. If you do not go, the case could be dismissed, and you will have to pay the court costs. The Judge understands that you may be scared about the hearing.
Bring to Court any proof you have that the other person hit or threatened you. You can use a doctor’s report, a police report, or pictures of your injuries. You should bring as witnesses anyone who saw it happen or saw your injuries or heard the other person admit it.
You can talk for yourself at the hearing or you can have a attorney talk for you. You might want an attorney if the other person has legal representation. At the hearing if the other person has hired an attorney and you have not, you may ask the judge for a postponement to obtain your own attorney.

COURTHOUSE SAFETY

1. Sit as far away from the abuser as you can; you do not have to look at or talk to the abuser or the abuser’s family or friends if they are there.
2. Bring a friend or relative to sit with you.
3. Tell a bailiff or deputy if you are afraid of the abuser; ask him/her to look out for you and to keep the abuser there for awhile when court is over so you can leave.
4. Make sure you have your signed court order before you leave.
5. If you think the abuser is following you call the police immediately.
6. Your Order of Protection is valid everywhere in the United States so keep it with you at all times.

THE HEARING
The Judge will ask you what happened. Stick to the facts about when and where you were hurt or threatened, and exactly what the other person did. Do not talk about trouble with the other person’s friends or family. Be sure to tell the Judge if the other person has hurt you before, and if you had to see a doctor or leave home. Tell the Judge if you have taken out a warrant for assault or other criminal charges. The Judge will ask you questions. Think about these possible questions before Court. Be precise and be honest. The batterer may or may not show up for Court. It is not mandatory for them to show up. If they do not show up and you can show cause for the Order, the Judge will grant it to you. If they do show up, the Judge will ask that person to tell their side. Try not to let this upset you.

WHAT CAN THE JUDGE DECIDE AT THE HEARING?

1. The Judge can stop the Order of Protection if the Judge thinks you have not shown you were hurt or threatened.
   
2. The Judge can make the Order of Protection last longer—up to a year.
   
3. The Judge can order the other person not to contact you directly or through another person, bother, or follow you and your children.
   
4. The Judge can order the other person to go to counseling programs for help with problems such as violent behavior or temper, drugs or drinking.
   
5. The Judge can make the other person move out of the house or pay for another place for you to live.
   
6. The Judge can give you temporary custody of the children. The Judge can also set rules for visits with the other person. The Judge can require another adult to be at the visits if it would be dangerous to leave the children alone with this person.
   
7. The Judge can order the other person to pay child support if he or she is the parent of your child.
   
8. The Judge can order the other person to support you if you are married. The clerk will mail or hand you a copy of the Judge’s Final Order. Be sure to save it.
   NOTE: This information cannot take the place of advice from an attorney. Each case is different and needs individual legal advice.

OTHER RIGHTS WHEN YOU CALL THE POLICE:
Even without an Order of Protection, you have certain rights. If you have been hurt, call the police immediately. They can arrest the other person even if they did not see it happen, as long as they have “probable cause” to believe the other person hurt you and that they are the ”primary aggressor”. They decide this based on what you and the other witnesses tell them. They can also remove weapons from the home.
Also, when the police come because you have been hurt by someone you have lived with or have a child with, they should always do these things:

• Offer to take you to get an arrest warrant and to help you try to get one.
• Offer to take you to a shelter or somewhere else safe, like the home of a relative or friend.
• Tell you about your legal rights and services that might help you.