At Durak Law in Franklin, Tennessee, our Franklin family law attorneys often speak with people who are facing emotionally difficult, sometimes dangerous situations, and are unsure what kind of legal protection is available to them.
If you’re dealing with harassment, domestic violence, or a contentious legal dispute, you may have heard the term restraining order—but did you know that Tennessee recognizes multiple types of restraining and protective orders, each designed for different circumstances?
Whether you’re concerned about your safety, your children, or your financial security during a legal process, understanding the right type of order is critical. Let’s walk through what these orders are, how they differ, and when each might apply to your situation.
What is a Restraining Order?
A restraining order is a court-issued order that limits or prohibits specific actions by another person. In Tennessee, these orders can prevent contact, protect your safety, or stop financial or custodial interference.
It’s important to know that not all restraining orders are the same. Some are issued in civil cases like divorce, while others are used in criminal matters involving threats or violence. People often confuse restraining orders with orders of protection, but they are not always interchangeable. Each type has its own process, qualifications, and legal consequences.
Common Types of Restraining Orders and Protective Orders in Tennessee
Tennessee offers several types of restraining orders and protective orders, each designed to address different situations involving safety, harassment, or legal disputes during family law matters.
Temporary Restraining Order (TRO)
A Temporary Restraining Order is most commonly used in family law cases, such as during divorce or child custody proceedings.
A TRO can prohibit:
- One party from selling or hiding marital assets
- A parent from relocating with children
- Harassment or inappropriate contact between parties
These are typically issued without a hearing and last only until the court can review the situation at a formal hearing.
Order of Protection
An Order of Protection offers broader safeguards, especially in cases involving domestic violence, sexual assault, or stalking. If you’re in a qualifying relationship—spouse, former partner, cohabitant, or family member—you can file for this kind of protection.
An Order of Protection may:
- Prohibit any contact by the abuser
- Require the abuser to move out of a shared residence
- Grant you temporary custody of children
Violations can result in criminal charges, making this one of the most enforceable protective orders in Tennessee.
No Contact Order
A No Contact Order is generally issued in criminal cases—for example, if someone has been charged with assault or harassment.
Unlike a civil protective order, this is initiated by the court or law enforcement, not by the victim. It prohibits the defendant from communicating with or approaching the alleged victim while the criminal case is pending.
Civil Injunction for Harassment or Stalking
This type of order is useful when your situation doesn’t qualify for an Order of Protection—for instance, if you’re being harassed by a neighbor, co-worker, or acquaintance.
To obtain a civil injunction for harassment or stalking, you must show:
- A pattern of repeated, unwanted behavior
- That the behavior causes fear, intimidation, or emotional distress
Key Differences Between These Types of Restraining Orders and Protective Orders
When it comes to restraining and protective orders in Tennessee, understanding the distinctions is essential. Each type serves a different purpose and applies to different legal situations. Here’s a breakdown of the key differences:
Who Can File
Depending on which one, only certain parties can file, such as:
- Orders of Protection are limited to cases involving specific personal relationships—spouses, romantic partners, family members, or cohabitants.
- Temporary Restraining Orders (TROs) and Civil Injunctions can be filed more broadly, especially in the context of family law or civil disputes.
- No Contact Orders are usually initiated by the court or prosecutor in a criminal case, not by the alleged victim directly.
Purpose
Another limiting factor is the purpose it’s being filed:
- Orders of Protection and Civil Injunctions are designed to prevent harassment, abuse, or stalking, providing civil protections for the person at risk.
- No Contact Orders are part of a criminal proceeding, aimed at preventing further harm while charges are pending.
- Temporary Restraining Orders are used to preserve the status quo in legal disputes, such as preventing asset transfers or child relocation during a divorce.
How They’re Enforced
These differences are:
- Orders of Protection carry criminal consequences if violated, including arrest.
- Temporary Restraining Orders and Civil Injunctions are enforced through civil court and typically involve contempt proceedings if someone disobeys the order.
- No Contact Orders are enforced by the criminal justice system and can lead to additional charges if violated.
Duration
Another difference is how long these orders can last, such as:
- Temporary Restraining Orders are short-term, generally lasting only until a court hearing can be held.
- Orders of Protection can last up to one year and may be extended.
- No Contact Orders remain in place for the duration of the criminal case or until modified by the court.
- Civil Injunctions may be longer-term, depending on the severity and frequency of the conduct involved.
How to Know Which Order You Need
Choosing the right type of protection depends on:
- Your relationship with the other person
- The type and urgency of the threat or behavior
- Whether your case is part of a family law dispute or a stand-alone incident
If you’re unsure, consulting with an experienced family law attorney can help clarify your options restraining orders and secure timely protection.
How to File for a Restraining or Protective Order in Tennessee
Filing for a restraining order or protective order in Tennessee involves specific legal steps, and the process can vary depending on the type of order you’re seeking.
For an Order of Protection
- Visit your local county courthouse. You may be able to file without a lawyer.
- Temporary protection is often granted the same day if there’s an immediate risk.
- A court hearing is typically held within 15 days.
For a TRO or Civil Injunction
- These are usually filed as part of an ongoing civil case, such as a divorce or custody matter.
- You’ll need to present evidence and often benefit from having legal representation.
What Happens After a Restraining Order or Protective Order is Issued
Once a restraining order or protective order is issued:
- A court hearing may be scheduled, especially if the other party contests the order.
- Violating the order can result in fines, arrest, or other legal penalties, depending on the type of order.
- You may ask the court to extend or modify the order if the risk continues or circumstances change.
Choosing the Right Protection: Know Your Legal Options Regarding Restraining Orders in Tennessee
If you’re dealing with harassment, threats, or legal manipulation, knowing the types of restraining and protective orders available in Tennessee can be crucial to your safety and peace of mind.
Whether it’s a Temporary Restraining Order during a custody battle or an Order of Protection in response to domestic violence, each order serves a distinct legal function. Navigating these options on your own can be overwhelming—but you don’t have to go through it alone.
At Durak Law, we help individuals in Franklin and throughout Tennessee take decisive legal steps to protect themselves and their families. If you need help determining which restraining order applies to your situation, don’t hesitate to contact our office today at (629) 210-0866 for a confidential consultation.
