Tennessee Stipulated Protective Order

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Control #:
US-TS11039
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This form is a Stipulated Protective Order usable in cases with claims regarding licensing, patents, or commercial trade secrets.

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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.?

Ex Parte Protection Order ? Hearing ? Extension. Upon the filing of a petition under this part, the courts may immediately, for good cause shown, issue an ex parte order of protection. An immediate and present danger of abuse to the petitioner shall constitute good cause for purposes of this section.

The victim will state the facts that explain what happened and why he or she is in immediate need of protection. Temporary Orders are usually issued, prohibiting the other party from contacting the victim, and a hearing for a longer-term Order of Protection will be set for 15 days after the issuance.

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.

39-13-113. Violation of an order of protection or restraining order. (2) A restraining order issued to a victim as defined in § 36-3-601.

(h) (1) It is an offense and a violation of an order of protection for a person to knowingly possess a firearm while an order of protection that fully complies with 18 U.S.C.

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.

T.C.A. § 36-3-605. If, at the hearing, the court finds by a preponderance of the evidence that the victim's allegations are true, the court can extend the order for up to one year. The victim can return each year to ask that the order be extended for another year.

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Tennessee Stipulated Protective Order