A Tennessee Motion to Dissolve Temporary Restraining Order is a legal document filed in court by a party seeking to end a temporary restraining order (TO) that has been put in place against them. The motion outlines the reasons why the TO should be dissolved and typically includes arguments from both the petitioner and the respondent. The motion is submitted to the court for consideration. There are three types of Tennessee Motion to Dissolve Temporary Restraining Order: 1) Motion to Modify; 2) Motion to Dismiss; and 3) Motion to Vacate. A Motion to Modify is a request to change the terms of the existing TO. A Motion to Dismiss is a request to end the TO without changing the terms. And a Motion to Vacate is a request to have the TO removed from the court’s records.
Tennessee Motion to Dissolve Temporary Restraining Order
Description
Definition and meaning
The Tennessee Motion to Dissolve Temporary Restraining Order is a legal document filed by a party seeking to terminate an existing temporary restraining order (TRO). A TRO is typically issued to prevent an individual from taking specific actions or contacting another person during a pending legal matter. This motion formally requests that the court reconsider and lift the protective order based on various legal arguments or factual inaccuracies.
How to complete a form
Completing the Tennessee Motion to Dissolve Temporary Restraining Order involves several steps:
- Identify the court: Specify the court where the original restraining order was issued.
- Fill in the necessary information: Include the names of the parties involved, case number, and date filed.
- State your grounds: Clearly outline the reasons for dissolving the TRO, citing any specific laws or rules that support your request.
- Sign and date: Ensure the document is signed by the respondent and dated before submission.
Who should use this form
This form is intended for individuals who are subject to a Temporary Restraining Order in the state of Tennessee and wish to challenge its validity. It is particularly relevant for respondents who believe that the order was issued without sufficient basis or that circumstances warrant its dissolution.
Legal use and context
The Tennessee Motion to Dissolve Temporary Restraining Order is often used in family law cases, domestic disputes, and other legal matters where protective orders might be in place. When a party believes the TRO is unjust or has no legal foundation, they can file this motion to seek relief from the courts. This legal action is crucial for protecting one’s rights and allows the respondent to contest potentially harmful restrictions that impede their daily life.
Common mistakes to avoid when using this form
When filing the Tennessee Motion to Dissolve Temporary Restraining Order, ensure to avoid the following errors:
- Failing to include all necessary information, such as case numbers and relevant dates.
- Not providing sufficient evidence to support the claims made against the TRO.
- Missing deadlines set by the court for filing motions.
- Omitting to properly serve all parties involved with a copy of the motion.
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FAQ
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
A temporary protection order lasts 15 days, or until the full hearing for your extended protection order. Extended protection orders are issued after a full court hearing where both sides have the opportunity to appear in court.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.
What is a preliminary injunction? A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
Specifically, Rule 69.04 of the Tennessee Rules of Civil Procedure provides that: Within ten years from the entry of a judgment, the creditor whose judgment remains unsatisfied may file a motion to extend the judgment for another ten years.
How do I drop an Order of Protection? Once filed, an Order of Protection can ONLY be dropped after the Respondent is served. You will need to go the Order of Protection office to file a Request to Cancel. You will be given a court date and you must both go to court.
RULE 65. Injunctive relief may be obtained by (1) restraining order, (2) temporary injunction, or (3) permanent injunction in a final judgment. A restraining order shall only restrict the doing of an act. An injunction may restrict or mandatorily direct the doing of an act.
A temporary injunction may be granted during the pendency of an action if it is clearly shown by verified complaint, affidavit or other evidence that the movant's rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss or damage pending a final judgment