Tennessee O.P. Order of Extension Due to Divorce Filing

State:
Tennessee
Control #:
TN-SKU-0402
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O.P. Order of Extension Due to Divorce Filing

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FAQ

There is no statute of limitations on the abuse for filing an order of protection, and there is no requirement to file a police report or other criminal charges to obtain order of protection relief. Venue is waived unless the respondent appears in court and objects to the venue.

The no contact order of protection prohibits the seven forms of abuse above, and also prohibits the defendant from coming about the plaintiff (coming within eyeshot of the plaintiff, where ever she/he may be). That means at home, at work, on the public streets, or anywhere else.

In Tennessee there are two types of protection orders for victims of domestic abuse, sexual assault, and stalking. Temporary Protection Orders are also known as "ex parte" orders. Temporary Protection Orders are short-term orders that are designed to protect you until you are issued an Extended Protection Order.

Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application.Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action).If the other party is harassing you or forcing you, provide the court with the records.Be prepared for a full hearing.

It is a Tennessee criminal offense to knowingly violate an order of protection or a restraining order. To be convicted of a violation, the respondent must have received notice of the petition for an order of protection and must have had the opportunity to appear and be heard.

Tennessee law allows an Order of Protection to be in effect for up to one year, but it can be extended if the order is violated.

Either parent can file for emergency custody to protect the child. When getting a temporary emergency custody order, it can be done ?ex parte,? which means that no notice of petition or hearing will be sent to the other parent, meaning they won't have a chance to tell their side of the story.

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Tennessee O.P. Order of Extension Due to Divorce Filing