Restraining Order Eligibility Explained

Summary

In Tennessee, you can apply for a restraining order if you have been a victim of domestic abuse, stalking, or sexual assault. You can file at the county courthouse without an attorney and theres no fee. The order is effective for up to one year. Your physical presence during the incident is not necessary to apply. Consult a local attorney for detailed advice.

Full Conversation

I want to know if I can get a restraining order against someone
Hello ****, securing a restraining order can depend on several factors. Could you please provide more details about your situation and your location?
Some years ago my biological father and my mom divorced. He was angry and did not want to pay child support and came to our home with a gun and broke down the door and tried to kill my mother. It was only by chance that I wasn’t home at the time. He has admitted that his plan was to kill both of us. Can I still get an order of protection when he is released from prison?
Hello ****, I'm sorry to hear about your situation. Based on the severity of the threat, you may be eligible to apply for a restraining order. Laws vary by location, can you please tell me where you are located?
Tennessee
In Tennessee, you may apply for an Order of Protection if you have been a victim of domestic abuse, stalking, or sexual assault. Here are some points:
- You can apply at the county courthouse where you reside.
- You don't need an attorney.
- There's no fee for filing.
- The order is effective for up to one year.
Please consult a local attorney for more precise advice.
So I can’t get one?
Based on the information you provided, you can apply for a restraining order in Tennessee. Please consult with a local attorney or legal aid organization to guide you through the process.
Can I get the order even if I wasn’t home at the time?
Yes, ****. Your physical presence at the time of the incident is not necessary to apply for a restraining order in Tennessee. The threat to your safety is the key factor. Please consult a local attorney for detailed advice.
Thank you!
You're welcome, ****! I'm glad I could help. If you have any more questions or need further clarification, feel free to ask. Remember, your safety is paramount.
His parole hearing was today and it is undecided if he will be released yet. He has been incarcerated for 12 years
Thank you for sharing, ****. Is there a specific question or concern you have regarding the parole hearing or his potential release?