A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Tennessee Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
The party seeking the entry of an ex parte order of protection has a high burden of proof and must demonstrate ?[a]n immediate and present danger of abuse to the petitioner.?
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.
If your order of protection was filed in Circuit or Chancery court, then you have to file your appeal to the Tennessee Court of Appeals. You need to file a document with the Circuit or Chancery court that says you want to appeal your case.
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.
Note: 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.
Note: Tennessee law makes the violation of a protective order a misdemeanor crime of domestic violence. Orders of Protection are ordered for a definite period of time not to exceed one year. However, orders can be extended upon motion.
Tennessee law does not currently allow a previously issued order of protection to be removed from public records even if the order is later dismissed.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.