Situations can become quite tense at the end of interpersonal relationships. Intimate partners may become more emotional and aggressive toward one another, which may increase the frequency and intensity of altercations.
If one partner wants the relationship to continue while the other wants it to end, that discrepancy in attachment could lead to overbearing behavior that might even seem like stalking. If your ex has accused you of abusing, threatening or stalking them, they could potentially ask the Tennessee courts for a restraining order even if you have never had the police called to your home and have a spotless criminal record.
Is it possible to prevent someone from securing a restraining order against you?
Yes, you have the right to respond to a restraining order request
A restraining order may only be a piece of paper, but it can impose numerous limitations on your daily life. From preventing you from electronic communication with your ex to requiring that you leave any business or social events if they are present when you arrive, a restraining order can limit your personal freedoms.
If you violate the restraining order and someone reports that to the police, you could face arrest and possibly criminal consequences. The best way to protect yourself from infractions and the penalties that they can create is to defend yourself against the restraining order request in the first place.
The other party will have to present evidence demonstrating why they view you as a threat to their safety. They may take social media posts or individual text messages out of context to try to make you look like a threat. You will have the right to respond to those things and explain your perspective reports. You will even be able to prevent other evidence, like additional text messages as context.
Why defending yourself is important
If you do not respond to the restraining order request, the courts may grant it even though the other party has questionable evidence. That restraining order could then potentially influence criminal charges and family court proceedings, including custody matters involving your children. Many people don’t realize until it is too late that a restraining order can affect everything from where they work to where they live.
Mounting a defense when accused of domestic violence can help you avoid the possibly life-altering consequences of a restraining order or criminal allegations.