If you obtain an order of protection against someone you depend on financially, you have some options available to continue receiving financial support.
The Tennessee statute that defines the scope of protective orders provides that the court may award financial support and possession of the residence to the petitioner.
However, the focus of the hearing on the protective order is often centered on the evidence surrounding the alleged behavior and on the petitioner’s safety. So, while the court can award that financial support, financial issues are usually not the primary focus.
At some point, you will have a hearing to determine if the Order of Protection will remain in place. You can request financial support at that hearing. However, the court has discretion in whether or not to order support via the Order of Protection.
So what if you aren’t awarded financial support at the hearing? Some judges encourage the petitioner to pursue more formal avenues of obtaining it. This may be done by filing for a divorce. Or, if the parties are not married but have children, they may file for child support as a separate action.
It is important to know the best course of action to obtain both an order of protection and financial support. The attorneys at Held Law Firm are happy to help. Call (865) 685-4780 to make an appointment today.
The information in this blog was compiled and written by Melanie Hogg and is accurate as of the time of publication, but laws change often. That’s why it’s important to hire an attorney who keeps up with these changes. Contact us today.
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