An order of protection is a legal tool used in Tennessee to help keep someone safe from abuse, threats, or harassment. When someone asks the court for an order of protection, they must prove their case. This means the court looks at the facts and decides whether the order should be granted. The level of proof the person must meet is called the burden of proof.
This article explains the burden of proof required for an order of protection in Tennessee. It also looks at the steps involved, what the court considers, and what happens during a hearing. We will break it down in a clear, simple way, so it’s easy to understand—even if you’re not a lawyer.
1. What Is an Order of Protection?
An order of protection is a legal document issued by a judge. It tells another person to stay away from the person asking for protection. It may also place other restrictions on them, such as not contacting the protected person by phone, text, or social media.
In Tennessee, an order of protection is often used in cases involving:
- Domestic violence
- Sexual assault
- Stalking
- Threats or harassment
It is meant to prevent further harm by keeping the person who is being abusive or threatening at a distance.
2. Who Can File for an Order of Protection in Tennessee?
Under Tennessee law, the following people can ask the court for an order of protection:
- A spouse or former spouse
- A person who lives or has lived with the abuser
- Someone who is or was dating the abuser
- Someone who shares a child with the abuser
- A family member related by blood or marriage
- A victim of sexual assault or stalking, even if they do not have a personal relationship with the abuser
The person asking for the order is called the petitioner. The person the order is filed against is called the respondent.
3. What Is the Burden of Proof?
The burden of proof is the level of evidence that a person must show in court to prove their case. In criminal cases, the burden is “beyond a reasonable doubt.” But in civil matters like an order of protection, the standard is different.
4. What Is the Burden of Proof for an Order of Protection in Tennessee?
In Tennessee, the burden of proof for an order of protection is “a preponderance of the evidence.” This means the petitioner must show that it is more likely than not that the abuse, threat, or stalking happened.
This is a lower standard than in criminal court. The judge does not have to be completely sure. They only need to believe that the evidence makes the petitioner’s story more likely to be true.
4.1 What Does “Preponderance of the Evidence” Mean?
“Preponderance of the evidence” means more than 50%. Imagine a scale. If the evidence tips the scale just slightly in favor of the petitioner, the burden of proof is met.
For example:
If both sides tell different stories, and the judge finds the petitioner’s version more believable, the judge can issue the order.
The evidence does not need to be perfect. It only needs to show that the abuse or threat probably happened.
5. How Does the Petitioner Prove Their Case?
To meet the burden of proof, the petitioner can show different types of evidence, such as:
- Their own testimony (what they say happened)
- Photos of injuries
- Text messages or emails
- Witnesses who saw the abuse
- Police reports or medical records
The judge looks at all of this and decides whether the petitioner has met the burden.
6. What Happens at the Hearing?
When someone files for an order of protection, the court may first issue a temporary order. This is called an ex parte order, and it may be granted without the respondent being present.
Later, a hearing is held, usually within 15 days. At this hearing:
- The petitioner tells their story and shows evidence
- The respondent can defend themselves and also present evidence
- The judge listens to both sides and makes a decision
- The judge then decides if the burden of proof has been met.
7. What If the Burden of Proof Is Not Met?
If the judge finds that the petitioner did not meet the burden of proof, the order of protection will be denied. This does not mean the petitioner was lying. It just means there was not enough evidence to support the case.
If the judge finds the evidence was enough, the order of protection is granted and usually lasts for one year. It can be extended if needed.
8. Can the Respondent Be Arrested?
Yes. If a respondent violates the order of protection, they can be arrested. That is why these orders are taken very seriously.
Even though the original order is a civil matter, violating the order can lead to criminal charges.
9. Is the Burden of Proof Higher in Some Cases?
Generally, the burden of proof remains the same—preponderance of the evidence—whether the case involves domestic violence, stalking, or sexual assault. However, more serious accusations may require stronger evidence, even if the burden itself doesn’t change.
10. Summary of the Key Point
Let’s quickly answer the core question again:
What is the burden of proof for an order of protection in Tennessee?
It is “a preponderance of the evidence,” meaning the petitioner must prove that it is more likely than not that abuse, threats, or stalking occurred.
This is a civil standard of proof, which is lower than the criminal standard of “beyond a reasonable doubt.”
Related topics:
