Tennessee USLegal Guide on Restraining Orders and No Contact Orders

State:
Multi-State
Control #:
US-GDE-09
Format:
Word; 
Rich Text
Instant download

Description

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.

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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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Tennessee USLegal Guide on Restraining Orders and No Contact Orders