This one is harder to write than most of what I put on this blog. Not because the law is complicated, but because the people reading it are sometimes in situations that are dangerous and frightening and need more than legal information.

So I want to be direct.

If you are in an unsafe situation, your first call should be to someone who can help you get safe. The legal process matters, but it comes second. Once you are safe, an attorney can help you understand your options.

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Orders of Protection

Tennessee allows victims of domestic abuse to petition for an Order of Protection. An ex parte order (meaning without the other party present) can be issued the same day if the court finds there is a credible threat of harm. A full hearing must follow within fifteen days.

An Order of Protection can require the abusive party to vacate the family home, have no contact with the victim, stay away from the victim’s workplace and the children’s school, and surrender any firearms.

Violating an Order of Protection is a criminal offense. Courts in Shelby County take these seriously, as they should.

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How Domestic Violence Affects the Divorce

Evidence of domestic abuse is a factor in both property division and custody determinations in Tennessee. Under T.C.A. § 36-6-106, a history of domestic abuse is explicitly listed as one of the best interest factors the court must consider. This is not a footnote. It is front and center in the custody analysis.

Courts take it seriously. A documented history of abuse changes the custody calculus significantly. Supervised visitation, restricted parenting time, or in extreme cases, no parenting time at all, are all possible outcomes for a parent with an established history of abuse.

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Documentation Matters

Police reports, medical records, photographs, text messages, and witness statements all become evidence. If you have experienced abuse, document it as completely and as contemporaneously as you can.

If you are working with a family law attorney, tell them the full truth about what has happened. The information that feels the most personal is often the most legally significant.

Lawyer Bill’s Advice

Safety first. Always.

The legal system has real tools to protect you. Orders of Protection work. Courts take violations seriously.

Document what has happened. Tell your attorney everything.

You do not have to navigate this alone.

If you have questions, reach out at midsouthdivorce.com/ask-lawyer-bill/.

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About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.