Chattanooga Domestic Violence Lawyers

Protecting the Accused & the Accuser

Domestic violence is a serious issue that affects many families in Tennessee. If you are a victim of domestic violence, you may be able to obtain an order of protection to keep the abuser away from you and your children. If you have been accused of domestic violence, you may be facing criminal charges and a restraining order. In either case, it is important to have an experienced attorney on your side.

At Conner & Roberts, PLLC, we represent clients on both sides of domestic violence cases. Our Chattanooga domestic violence lawyers can help you understand your rights and options and work to protect your interests throughout the legal process.

Call (423) 299-4489 or contact us online to schedule a FREE consultation with our Chattanooga domestic violence lawyer.

What is Domestic Violence?

Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Domestic violence can happen to anyone, regardless of age, race, education, religion, or sexual orientation. It affects people of all socioeconomic backgrounds and education levels. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, or dating.

What Is Considered Domestic Violence in Tennessee?

Under Tennessee law, domestic violence is defined as an act of violence or threats of violence against a person with whom the offender has an intimate relationship. This includes current or former spouses, people who live together or have lived together, people who are dating or have dated, people who are related by blood or marriage, and people who have a child together.

Acts that are considered domestic violence in Tennessee include:

• Assault
• Aggravated assault
• Sexual assault
• Aggravated sexual assault
• Stalking
• Aggravated stalking
• Kidnapping
• False imprisonment
• Invasion of privacy
• Harassment
• Coercion
• Intimidation of a witness

Domestic violence is a serious crime in Tennessee. If you are convicted of domestic violence, you may face jail time, fines, probation, mandatory counseling, and other penalties. Additionally, a domestic violence conviction can have a significant impact on your personal and professional life, making it difficult to find employment, secure housing, and maintain relationships.

If You’re Seeking Protection

• Prioritize immediate safety. If you’re in danger, call 911. Consider a safe place to stay and tell a trusted person what’s happening.
• Collect and preserve evidence: screenshots of threats, photos, medical records, police reports, and witness information can support your request in court.
• Be specific in your petition. Clear dates, locations, and descriptions are more persuasive than general statements.
• Prepare for the hearing with organized documents and a concise summary of key incidents so the judge can quickly understand the risk.

What is an Order of Protection?

An order of protection, also known as a restraining order, is a legal order issued by a judge that is intended to protect a person from physical, sexual, or emotional abuse. 

The different types of orders of protection in Tennessee include the following:

• Order of protection
• Temporary order of protection
• Emergency order of protection
• Ex parte order of protection

An order of protection is a legal order that is intended to protect a person from domestic abuse. An order of protection can be issued by a judge in a civil court and is separate from any criminal charges that may be filed against the abuser. An order of protection can be issued against a current or former spouse, a person with whom the victim has a child, a person with whom the victim is dating or has dated, a person with whom the victim lives or has lived, or a relative of the victim.

An order of protection can also affect day-to-day issues such as who may pick children up from school, whether the respondent can return to a shared residence, and how any necessary communication must occur. In Chattanooga, these orders are often first heard in General Sessions Court, and then they may be extended or modified as part of a longer-term family law case. Working with a Chattanooga domestic violence attorney helps ensure the terms requested actually match what you need to feel safe.

An order of protection can require the abuser to:

• Stop abusing the victim
• Stay away from the victim's home, school, or work
• Move out of the victim's home
• Stay away from the victim's children
• Pay child support
• Pay spousal support
• Pay the victim's attorney's fees

An order of protection can also grant the victim temporary custody of the children, require the abuser to attend counseling, and require the abuser to surrender any firearms. An order of protection can be issued on a temporary basis and can be made permanent after a hearing. If the abuser violates the order of protection, he or she can be arrested and charged with a crime.

Temporary Order of Protection

A temporary order of protection is a legal order that is intended to protect a person from domestic abuse. A temporary order of protection can be issued by a judge in a civil court and is separate from any criminal charges that may be filed against the abuser. A temporary order of protection can be issued against a current or former spouse, a person with whom the victim has a child, a person with whom the victim is dating or has dated, a person with whom the victim lives or has lived, or a relative of the victim.

A temporary order of protection can also grant the victim temporary custody of the children, require the abuser to attend counseling, and require the abuser to surrender any firearms. A temporary order of protection can be issued without a hearing and can be in effect for up to 15 days. After a temporary order of protection is issued, a hearing will be scheduled to determine if a permanent order of protection should be issued. If the abuser violates the temporary order of protection, he or she can be arrested and charged with a crime.

Emergency Order of Protection

An emergency order of protection is a legal order that is intended to protect a person from domestic abuse. An emergency order of protection can be issued by a judge in a civil court and is separate from any criminal charges that may be filed against the abuser. An emergency order of protection can be issued against a current or former spouse, a person with whom the victim has a child, a person with whom the victim is dating or has dated, a person with whom the victim lives or has lived, or a relative of the victim.

An emergency order of protection can also grant the victim temporary custody of the children, require the abuser to attend counseling, and require the abuser to surrender any firearms. An emergency order of protection can be issued without notice to the abuser and can be in effect for up to 72 hours. After an emergency order of protection is issued, a hearing will be scheduled to determine if a temporary order of protection should be issued. If the abuser violates the emergency order of protection, he or she can be arrested and charged with a crime.

Contact us now to schedule your FREE consultation with a domestic violence lawyer in Chattanooga. Call (423) 299-4489 today!

Ex Parte Order of Protection

An ex parte order of protection is a legal order that is intended to protect a person from domestic abuse. An ex parte order of protection can be issued by a judge in a civil court and is separate from any criminal charges that may be filed against the abuser. An ex parte order of protection can be issued against a current or former spouse, a person with whom the victim has a child, a person with whom the victim is dating or has dated, a person with whom the victim lives or has lived, or a relative of the victim.

Understanding the Legal Process for Domestic Violence Cases

Domestic violence cases can be complex and emotionally charged, and it is important to understand the legal process involved. From the initial filing of an order of protection to the resolution of the case, our experienced Chattanooga domestic violence attorneys can guide you through each step and provide the support and representation you need.

Key aspects of the legal process for domestic violence cases include:

• Filing for an order of protection
• Attending court hearings and proceedings
• Negotiating with prosecutors for potential charge reductions or dismissals
• Preparing for trial, if necessary
• Advocating for your rights and best interests throughout the legal process

For many people in Chattanooga, the legal process starts in General Sessions Court with an initial order of protection or a first appearance on a criminal charge, and then may move to Circuit or Criminal Court if the case is bound over. There are strict deadlines for responding to petitions, appearing at hearings, and complying with temporary orders. Having a Chattanooga domestic violence lawyer involved early can help you avoid missing important court dates, saying something on the record that harms your position, or agreeing to terms that have long-term consequences for your family law case.