Order of Protection Memphis TN | Domestic Violence | Jones Law Firm
Order of Protection in Memphis, Tennessee
An Order of Protection (OOP) is a court order that prohibits an individual from contacting, coming near, or harassing another person. In a family law context, Orders of Protection frequently intersect with divorce and custody proceedings. Whether you need one, or you are defending against one, this is serious legal territory.
Who Can Seek an Order of Protection?
In Tennessee, an Order of Protection is available to victims of domestic abuse, stalking, or sexual assault. The relationship between the parties must meet certain criteria. Current or former spouses, current or former dating partners, relatives, and individuals who share a child all qualify. The petition is filed in the General Sessions Court in the county where the victim resides, where the respondent resides, or where the abuse occurred.
Temporary vs. Final Orders of Protection
A Temporary Ex Parte Order of Protection (TEPO) can be issued by a judge the same day you file, without the other party being present, if the petition demonstrates immediate danger. It remains in effect for 15 days and cannot be extended. Before it expires, a hearing is scheduled where both parties appear and a judge determines whether to issue a Final Order of Protection, which can last up to one year and be renewed.
Impact on Custody and Divorce
An Order of Protection has immediate and significant consequences in a family law case. The restrained party may be ordered out of the marital home. Custody and parenting time may be suspended or restricted pending the hearing. The OOP itself becomes part of the court record and will be considered in any subsequent custody proceedings.
False or exaggerated OOP allegations do occur in contentious divorces. If you have been served with a Temporary Order of Protection that you believe is unjustified, contact us immediately. You have the right to a hearing and the right to present evidence.
Firearms and Orders of Protection
Federal law prohibits a person subject to a final Order of Protection from possessing firearms or ammunition. This is not a Tennessee law. It is federal. Violation is a federal crime. If you hold a carry permit and are served with an OOP, you need legal counsel immediately. See also our Memphis Child Custody page for how custody intersects with protective orders.
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.