Tennessee USLegal Guide on Restraining Orders and No Contact Orders

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US-GDE-09
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This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.

Tennessee Legal Guide on Restraining Orders and No Contact Orders In Tennessee, the Legal Guide provides valuable information regarding restraining orders and no contact orders. These orders are legal tools designed to protect individuals who feel threatened or are victims of harassment, abuse, or violence. It is crucial to understand the different types of orders available under Tennessee law to ensure the appropriate steps are taken to safeguard personal safety. 1. Temporary Restraining Order (TO): A Temporary Restraining Order is a temporary court order meant to provide immediate protection to the victim. This order can be obtained without the offender's knowledge or presence, typically based on the victim's sworn statement. It aims to maintain the status quo until a hearing is held for a more permanent order. 2. Order of Protection: An Order of Protection (OP) is a legal document that can offer extended protection. To obtain an OP, a full evidentiary hearing is held where both parties can present their arguments and evidence. If granted, an OP can enforce restrictions on the offender, such as staying away from the victim, their home, workplace, or school. 3. Restraining Order against Sexual Assault, Stalking, or Violence: Tennessee law recognizes specific restraining orders for victims of sexual assault, stalking, or violence. These orders contain provisions tailored to address the unique circumstances of the situation. They often include provisions for counseling, making restitution, and prohibiting future contact. 4. No Contact Order: A No Contact Order is typically issued in criminal cases where the offender is charged with a domestic violence-related offense. This order prohibits the accused from having any form of contact with the victim, including in person, via phone, or through third parties. Violating a No Contact Order can result in severe legal consequences. Tennessee's Legal Guide on restraining orders and no contact orders provides comprehensive information on the legal procedures involved, the requirements to obtain these orders, and the steps victims need to take. It outlines the importance of gathering evidence, filing the necessary paperwork, and understanding the rights and responsibilities of both parties involved. Understanding the different types of orders available is crucial in protecting oneself or helping those in need. The Tennessee Legal Guide offers valuable insight into these orders, ensuring individuals navigate the legal system effectively to maintain their safety and well-being.

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FAQ

§§ 36-3-606 & - 609(e). By definition, an order of protection is a public record. Tenn. Code Ann.

But, you CANNOT RESPOND. If you respond at all, the person can report your violation to the police and this could result in CRIMINAL CHARGES. Depending on your history, it could result in a FELONY CHARGE. A response of ?stop texting me?, ?I love you?, or ?I'm sorry? can result in criminal charges.

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.?

If there is a restraining order in place, there should be no contact between the parties.

In a no contact order, a person is prohibited from having any physical or verbal contact. This means a person may not have face-to-face, telephone, or internet contact as well.

A "No Contact Order" is put in place when someone is charged with a crime, it prevents the Defendant from having contact with any of the alleged victims of the crime and/or others depending on the relationship to the defendant and the Courts assessed risk.

Protection orders can tell the abuser to: Stop abuse, threats, harassment or stalking. Leave your house and not enter your home, school, business or place of employment. No longer contact you ? no texting, calling, emailing or social media.

The orders prohibit the other party from contacting you or communicating with you in any way. The perpetrator is required to pay all court proceedings, attend counseling programs about violence and substance abuse, and is unable to possess, own, or buy a firearm.

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You do not need a lawyer to file for a protection order. However, you may wish to have a lawyer, especially if the abuser has a lawyer. If you can, contact a ... Dec 6, 2022 — A court case starts when you or your employer (the petitioner) file a petition with the court seeking an injunction. If you want a temporary ...(1) When Authorized. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:. § 39-17-1316(a)(1). • Mutual Orders of Protection and no contact orders are not permitted in Tennessee and are unenforceable unless there is a cross or counter ... ORDER OF PROTECTION FORMS FROM LOCAL COURTS. There are forms other courts/jurisdictions (not the AOC) have created for specific issues involving orders of ... Jan 15, 2021 — If you are in need of legal guidance on how to get a restraining order in Tennessee, this blog post is for you. Contact MHPS today! Protective Orders. Introduction. A civil or criminal protection order (“CPO”) is distinguishable from a “restraining order.” A domestic relations ... Mar 1, 2022 — ... file for a no contact order as a protective measure. Depending upon what state someone resides in, no contact orders and restraining orders ... Nov 18, 2016 — An order of protection orders the abuser to cease all contact of any kind with the victim for a period of one year. This includes phone calls, ... This page provides you with some general information regarding the protection order hearing. Contact an attorney for legal advice and more complete ...

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Tennessee USLegal Guide on Restraining Orders and No Contact Orders