A few words from Chief Roger Overholt on Orders of Protection

The Morristown Police Department is dedicated to stopping domestic violence.  We are concerned with the well being of the victims of domestic violence. With this in mind I would like to explain one of the most misunderstood tools available to victims of family violence, the Order of Protection.  An Order of Protection is only a piece of paper.  It will not stop a bullet, a knife or the angry fist of a batterer, but it is an effective tool that can be used in the prosecution of cases.
 
Many victims do not fully understand how to obtain an Order of Protection and may think that they can not afford one.  The fact is there is no cost for an Order of Protection.  Victims can file for one with out having an attorney.  To qualify there must be a domestic relationship between the victim and the respondent (batterer), and by law the relationship must fall within the following guidelines:
 
1. Adults or minors who are current or former spouses;
2. Adults or minors who live together or who have lived together;
3. Adults or minors who are dating or who have dated or who have or had a sexual relationship;
4. Adults or minors related by blood or adoption;
5. Adults or minors who are related or were formerly related by marriage;
6. Adult or minor children of a person in a relationship that is described above.
 
Any victim who has been subjected to, threatened with or placed in fear of abuse by an adult who falls into one of the categories above may file a sworn petition alleging the abuse and should receive an Order of Protection.
 
When an Order of Protection is first granted it is not considered in effect until it has been served on the respondent.  Both parties will have an opportunity to speak out in court about the validity of the complaint.  Once the judge has granted a final Order of Protection it will remain in effect for a period of one year.  During this time the respondent must adhere to the wording of the order, whether it be to refrain from committing abuse to prohibiting the respondent from going near the victim. 
 
The effectiveness of the protection order comes when the respondent, after being served with the order, violates the terms of the order.  Any law enforcement officer who has reasonable cause to believe that a respondent has violated a valid Order of Protection can make an arrest of the respondent without a warrant.  This takes the prosecution of the case off of the victim and places it on the law enforcement officer.   Not only does the order make it easier for the officer to prosecute, but also in some cases it can increase the value of the charge.  For example, if a respondent has committed a simple assault against the victim and there is a valid Order of Protection between the two, then the simple assault charge can be up graded to aggravated assault.
 
Another misunderstanding victims have about Orders of Protection is that an order issued in Hamblen County is only valid in Hamblen County.  The fact is, an Order of Protection issued in Hamblen County is valid and should be enforced anywhere in the state of Tennessee.  Also, Tennessee and most other states recognize all orders of protection from all fifty states and will enforce them if there is proof that the order is valid.  If a victim moves or travels out of town for employment, it is important for the victim to notify local law enforcement agencies in those areas and leave them a copy of the Order of Protection so that it can be easily enforced.
 
If you are a victim of domestic violence, it is important to remember that a court order does not guarantee your safety and you should continue to exercise safety precautions.  Victims can apply for an Order of Protection in Hamblen County at the Circuit Court Clerk's office located in the Hamblen County Justice Center.  For more information or to receive assistance in applying for a protection order, contact the Morristown Police Department's Victim / Witness unit at (423) 585-4674.