Three things about this courtroom that decide most of these cases.
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Before Anything Else
Order of protection hearings in Fayette County run differently than most people expect, and three procedural facts shape the outcome more than the arguments do. They apply whether you filed the petition or had one filed against you.
One is not provided. If nobody arranges for a reporter, there is no transcript, no record of what any witness said, no record of what was ruled or why. People walk out of that hearing believing the record protects them and discover later that there is no record at all. Arranging a reporter is something you or your attorney has to do in advance, and it is not expensive relative to what is at stake.
De novo means the case is tried over again rather than reviewed for mistakes. That is very good news if you lost. It is worse news than people realize if you won, because the other side gets a complete second bite and everything you proved the first time has to be proved again, with the same witnesses, who may be less available and less willing the second time.
Because of the de novo standard, findings of fact reduced to writing are one of the few things from the first hearing that carry forward with any weight. Ask for them. A party who prevailed without written findings and without a transcript can find there is remarkably little left to point to when the appeal is filed.
If an Order Has Been Filed Against You
This is the single most important thing for a respondent to understand, and most respondents do not know it. Violating an order of protection is not a paperwork problem handled inside the case you already have. It is a separate criminal charge, a Class A misdemeanor carrying a minimum of ten days in jail.
It also means physical arrest. You are taken into custody and have to make bond, and in Fayette County that bond is likely to be $10,000.
And then you have two cases running at once. The violation goes forward on the criminal docket. The order of protection itself goes forward on a separate civil docket. Two dockets, two sets of court dates, twice as many mornings you have to be somewhere.
The order prohibits indirect contact, not just direct contact. Indirect contact is just as bad, meaning just as important to avoid, as direct contact, and it catches many people off guard.
If your mother calls the protected party on your behalf, that is a violation. If a friend texts her about you, that is a violation. If a family member follows her, shows up where she is, or passes along a message, that is a violation. You can be sitting at home having said nothing to anyone and still be in violation because someone acted for you.
The practical instruction is blunt: tell your family and your friends to leave the protected party entirely alone. Not to explain your side. Not to smooth things over. Nothing.
Electronic monitoring is available to the court, and the cost is real money that most people never factor into how they are thinking about the hearing.
If You Are Seeking Protection
For all the reasons above. A favorable ruling with nothing written down and no transcript is worth much less on a de novo appeal than most petitioners assume.
Fees can be awarded in order of protection cases in Tennessee. Whether they are awarded in yours depends on the facts and on the court, but it is worth asking for and worth preparing to support.
This is the part petitioners rarely think about until later. A judgment for fees is a piece of paper until someone acts on it. BBJW LAW works with a collection attorney who pursues awards entered in our clients' cases, which is a different skill set from the hearing itself and a meaningful one.
Representing Yourself
You can appear without counsel. Understand what that means: a party representing himself is held to the same standard as a licensed attorney and is expected to know the rules of evidence and the rules of procedure. There is no easier version applied because you do not have a lawyer.
Stack that on top of the other three facts. No court reporter unless someone thinks to bring one. No written findings unless someone thinks to ask. A de novo appeal in which the first hearing's work has to be done all over again. A self-represented party can lose ground at that first hearing in ways that are very hard to recover.
Practical
Which courtroom hears your order of protection depends on whether the parties are married, and the two courts are not in the same building.
Chancery and Circuit for the 25th Judicial District cover Fayette, Tipton, Lauderdale, Hardeman and McNairy counties, and the judges ride it. That shapes how dockets get set and how much happens on any given court day.
Tipton County orders of protection → · Appealing an order of protection →
What It Costs
Most firms will not publish this. Ours is below.
That figure reflects the travel and the reality that these dockets take a full day. An order of protection in Shelby County and an appeal are priced separately.
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A final order runs for a fixed period not to exceed one year under Tenn. Code Ann. § 36-3-608. On a violation the court may extend it to five years, and to ten on a second or subsequent violation. Lifetime orders are available under § 36-3-627 where the respondent was convicted of certain felony offenses.
The hearing is generally held within fifteen days of service under § 36-3-605(b), and the respondent is entitled to at least five days notice. The burden is preponderance of the evidence, which is far below the criminal standard, and proof of a genuine fear of physical harm is enough. Actual violence is not required.
Violating an order is a Class A misdemeanor under § 39-13-113. An order meeting the federal criteria at 18 U.S.C. § 922(g)(8) bars firearm possession anywhere in the United States while it is in effect.
Your Attorney
William Young · Of Counsel · Fayette County
Attorney William Young handles order of protection matters in Fayette County, on both sides, along with criminal defense and traffic matters in Somerville, Rossville, Piperton, Gallaway, and throughout the county. He knows the rules of evidence and procedure cold, which in a courtroom with no court reporter is worth more than it sounds.
Orders of protection in Shelby County → · Fayette County tickets → · About William Young →
If your hearing is this week and you don't have the money, read this →
Common Questions
A fixed period not to exceed one year under Tenn. Code Ann. section 36-3-608. A violation can extend it to five years, and a second or subsequent violation to ten. Lifetime orders are available under section 36-3-627 where the respondent was convicted of certain felony offenses.
Ten days from a general sessions court under Tenn. Code Ann. section 36-3-601(3)(F). In New v. Dumitrache, 604 S.W.3d 1 (Tenn. 2020), the Tennessee Supreme Court held the ten days condition the reviewing court's subject matter jurisdiction, meaning a late appeal cannot be heard at all.
Representation in a Fayette County order of protection matter starts at $7,500. That reflects the travel and the fact that these dockets consume a full day. An order of protection in Shelby County and an appeal are priced separately.
It depends on whether the parties are married. If they are, it starts in Chancery Court at the Fayette County Courthouse, 16775 Highway 64, Suite 210 in Somerville. If they are not, it goes to General Sessions Court at the Bill G. Kelley Criminal Justice Complex, 705 Justice Drive.
Chancery Court Clerk and Master is (901) 465-5219. The Circuit and General Sessions clerk is (901) 465-5205. Both are open Monday to Friday, 8:30 a.m. to 4:30 p.m.
Not unless you bring one. There is no court reporter present by default. If nobody makes a record, there is no transcript of what any witness said, which matters enormously if the case goes further. Arranging a court reporter is something you or your attorney has to do in advance.
Yes, and the appeal is de novo, the case is heard over again rather than reviewed for error. That cuts both ways. If you lost, you get a genuine second hearing. If you won, the other side gets one too, and everything you established the first time has to be established again.
Because appeals are heard de novo. Written findings of fact from the first hearing give the record something concrete that carries forward and shapes how the case is understood on appeal. Without them, and without a transcript, a party who prevailed can find there is very little left to point to.
Attorney's fees are available in order of protection cases in Tennessee. Whether they are awarded depends on the facts and the court. An award is also only worth what you can collect on it, which is a separate problem from winning.
It is a separate criminal charge, not a paperwork issue inside your existing case. Violation of an order of protection is a Class A misdemeanor carrying a minimum of ten days in jail. It also requires physical arrest and posting bond, which in Fayette County is likely to be $10,000. You then have two cases running at once, the violation on the criminal docket and the order of protection on a separate civil docket, which means twice as many court dates.
More than people expect. Indirect contact is prohibited, not just direct contact, and it is just as important to avoid. If a family member or friend calls, texts, or follows the protected party on your behalf or at your suggestion, that is indirect contact and it violates the order. Someone who has never spoken a word to the protected party can still be in violation through a third party.
It can be ordered, and it is expensive. The cost is a real consideration that most people do not factor in when they are thinking about the outcome of the hearing.
You can appear without one, but understand what is at stake. A party representing himself is held to the same standard as a licensed attorney and is expected to know the rules of evidence and procedure. Combine that with the absence of a court reporter and the de novo appeal standard, and a self-represented party can lose ground at the first hearing that is very difficult to recover.
Call before the hearing, not after. Free consultation.