How to a protection order served
If you’ve been served with an order of protection, watch this.
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if you've been served with an order of
protection
in the state of tennessee i'm going to
go over
how that works how that process works
and what you need to know
what are the possible consequences that
you're facing here
if you live in tennessee i handle a lot
of these in memphis and shelby county so
it's going to be primarily
based in in that so if you live in this
area
and you've got an order of protection
you're going to have to go through this
or maybe you live somewhere else maybe
you live outside of memphis or even
outside of the state of tennessee
because these things can go anywhere
somebody you know somebody here in
memphis could
get a temporary order of protection
against you wherever you live in the
united states
and serve it on you have have local law
enforcement
sheriff deputies where you live would
come to your house
give you the papers you're now served
and you have to answer to this
you have to if you want to fight it
and you know don't have it you know go
on your name then you're going to have
to come here
and go to court and get a lawyer and go
through all that
so that's that's how the service part
works so even if you're outside of the
state of tennessee
you can you can be served with one of
these and
um you'll have to come here and deal
with it okay so if you've been served
here's how it works the person who's
getting the order
is called the petitioner they are
petitioning the court
for an order of protection or
restraining order which means they are
asking the court to order you
then to not have any contact that means
you have to stay away no contact with
them
you are the respondent if you've been
served then
you're the respondent and um
you're the one who's going to be or
might be ordered to to stay away
and not have contact with that person
and no contact means
anything in person contact electronic
contact
email instant message text message
all that you have to stay away if you
violate an order of protection
if you do have contact with them
you're going to get arrested an order
protection by itself is not a criminal
charge
it's a civil petition it's a lawsuit
basically
but it has criminal consequences to it
if you violate it
then you can be arrested you're now
charged with a misdemeanor misdemeanor
crime
could get jail time on that if you
uh have an order of protection against
you you lose you
you have to you have to give up your
guns you have to get rid of your guns
while that while that order is in place
and you can't buy a gun
okay so there's some real consequences
and it can
you know even though it's not a criminal
charge or a conviction
um i mean it'll it'll be there on your
background
okay it'll be there for people to see
it's public record
it'll show that you that it
you've been subject to an order of
protection that doesn't look good right
so so what do you do um well
you should get a lawyer talk to me and
you're gonna have to go to court with
with your attorney and fight this thing
you can have a trial on it a bench trial
a bench hearing basically in front of
the judge
now i mentioned the one who's
asking for the order against you is the
petitioner all right
and usually these things almost always
you know people people involved in an
order of protection petitioner and
respondent
they know each other right they're not
strangers usually it's people in some
kind of family or domestic situation
usually it's boyfriend girlfriend or
people who have dated
or lived together or have a child
together or married
sometimes it's family members you know
related by blood
siblings rarely but sometimes you see
that
um but it's usually people who know each
other and have known each other
intimately somehow
okay the petitioner the one
again who's asking who's asking for this
thing
they've got to prove to the court they
got to prove by a
preponderance of the evidence that there
has been
stalking harassment or abuse
now preponderance of the evidence is a
low legal standard
it's the lowest standard we have in the
law but it is their burden
it doesn't mean just because it's low
doesn't mean it's automatically easy
they got to put some
proof forward but it is a pretty low
standard and the burden is on them
so they can you know what you know it's
going to just depend on the case
what they have i mean sometimes
they just come to court and it's just
them telling the judge
you know their side of the story
frequently in these kinds of cases you
do see some kind of proof usually
electronic proof in the form of text
messages
or emails okay um
because you know if it's if it's if it's
stalking or harassment i mean you can
stalk through text messages
and those electronic kinds of
communication
if somebody is sending just excessive
text like one after another after
another
and especially if it's threatening
language i don't mean just
insults i mean actual threatening like
specific threats i'm gonna come to your
house i'm gonna do this and that
i know what kind of car you drive like
that's serious so
you know if they have that in the form
of text message or other
type of type format then they can bring
that to the court
and show the judge they may have you
know
there may be eyewitnesses maybe there
was an incident at the home or somewhere
and
and you know somebody said you know
somebody else witnessed it and they can
get that witness to court
and they can testify so it just depends
on the case
it depends on the case now you as the
respondent
of course you can put on your own proof
you can testify for yourself and tell
your side of the story
sometimes sometimes that's
sometimes that's necessary you don't
have to prove anything as the respondent
you have no burden but
you know a lot of times you know
strategically
it is best maybe for you to tell your
side of the story and maybe you have
proof maybe you have an alibi
maybe you weren't there when it happened
and you've got somebody to vouch for you
okay so you know it just depends on the
case
and uh that's something we'll have to
talk about
what kind of proof are we looking at um
is it electronic proof is it
eyewitnesses um
so the best thing to do is talk to me if
you've gotten one of these that means
that means sheriff deputies have come to
your house
and given you these papers
then um you've got a court date coming
up so
talk to me and and tell me what happened
i want to know about your relationship
with this person this petitioner
i want to know what they're saying what
allegations the papers you get will have
some of the allegations it'll be a
pretty a pretty brief like
paragraph worth of whatever their
allegations are
and you'll be able to tell me more about
that because this
you know again you know this person now
maybe they're lying
you know we'll have to see but we need
we need to look at the allegations
and you know are they credible or you
know are they just errands and
grievances
and but the goal is to get it thrown out
right to get it dismissed
get it thrown out um
you know we'll just have to see so it
starts with calling me
and telling me about your case i handle
a lot of these cases in the memphis area
and i want to help you out thanks for
watching
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