In a previous post, our blog began discussing how even though most people are fully aware of some of the criminal consequences that can accompany a conviction on domestic abuse charges -- jail time, steep fines, criminal record, etc. -- they might not have a full appreciation of the collateral consequences.
To that end, we started exploring the circumstances in which courts will grant protection orders here in Tennessee, a very serious step that will see someone subjected to a host of wide-ranging restrictions.
In today's post, the second in a series, we'll examine temporary protection orders (TPOs), including the circumstances in which they are typically issued, and the degree to which the accused will find his or her actions limited.
As implied by their name, these orders are good for a relatively short duration -- 15 days or up until the date of a full hearing for an extended protection order. They are generally issued where the judge finds sufficient evidence to believe that the petitioner is in some sort of immediate danger.
It's important to understand that TPOs can be issued ex parte, meaning without notice to the accused and/or in their absence.
Among other things, the issuance of a TPO can do the following:
- Prevent the accused from calling or otherwise communicating with the petitioner either directly or indirectly.
- Require the accused to immediately and temporarily vacate the home shared with the petitioner.
- Stop the accused from coming into close proximity with the petitioner.
- Order that the custody, care and control of any children living in the home be assumed by the petitioner.
- Mandate that the accused cover costs incurred by the petitioner for breaking the terms of a rental agreement or lease if the judge decides it is no longer safe for the petitioner to continue living in a rental unit.
In our next post on this subject, we'll examine the circumstances in which extended protection orders are issued and their accompanying restrictions.
Consider speaking with an experienced legal professional who will listen to your side of the story and fight to protect your rights if you have been charged with domestic abuse.