Tennessee Restraining Order for Divorcing Spouses (Statutory Injunction)
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FAQ
When parents choose to end their marriage through divorce, they may need to address a variety of complex child custody issues.However, protective orders can also be based on false accusations, or they may be used in an attempt to gain an unfair advantage during divorce.
The process of going through a divorce takes an emotional toll on those involved, and can sometimes bring out the worst in even the nicest people. When it comes to your safety and the safety of your children, you can never be too careful, which is why restraining orders are common during a divorce.
Courts often issue preliminary injunctions for the purpose of stopping action until such time as a hearing can be held to determine what the course of action should be. For example: Mary and Tom have lived in their home for more than 40 years, and have cultivated a lovely property, filled with mature shade trees.
There are no fees for filing for a protection order. Domestic abuse, stalking, or sexual assault victims do not need have to pay to file, issue, register, serve, dismiss, appeal, or enforce an ex parte order of protection, or an extended order of protection.
In a divorce, the injunction is an order from the court prohibiting either party from doing certain things during the divorce. The purpose of the injunction is to maintain the status quo so that nothing substantial happens while the divorce is pending.
Temporary Restraining Orders: A temporary restraining order (TRO) is an order by the court immediately prohibiting a threatened action.Preliminary Injunctions: A preliminary injunction is an order prohibiting an action, to preserve the status quo while the underlying court case is decided.
What is the purpose of an injunction? Injunctive relief is appropriate to prevent a harmful action, to put a stop to ongoing or repeated conduct that violates a person's rights or causes injury, or to force a defendant to take action in order to prevent harm.
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts.They can also be charged with contempt of court. Counterinjunctions are injunctions that stop or reverse the enforcement of another injunction.
The usual purpose of an injunction is to preserve the status quo in situations in which further acts of the specified type, or the failure to perform such acts, would cause one of the parties irreparable harm (i.e., harm that cannot be adequately remedied by an award of monetary damages).