Nashville Tennessee Motion For Temporary Restraining Order
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How to fill out Tennessee Motion For Temporary Restraining Order?
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FAQ
Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
If the abuser lives in Tennessee, you have to file the petition in the county where the abuser lives, or in the county in which the domestic abuse, stalking, or sexual assault took place. If the abuser does not live in Tennessee, you can file the petition in the county where you live.
An Order of Protection is something the court system in Tennessee does not take lightly. Obtaining one starts with filing a petition with the court's clerk office. The victim will state the facts that explain what happened and why he or she is in immediate need of protection.
It typically takes a week or two to get an injunction, but you can apply for an injunction to be granted on the same day if you are at immediate risk of significant harm. If the court grants an injunction without notice, you will have to go back to court later for a hearing once the abuser has been given notice.
To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, he or she may issue the order immediately, without informing the other parties and without holding a hearing.
There are no fees for filing for a protection order. Domestic abuse, stalking, or sexual assault victims do not need have to pay to file, issue, register, serve, dismiss, appeal, or enforce an ex parte order of protection, an extended order of protection, or a lifetime order of protection.
A TRO will only expire after 14 days, unless it is extended for another 14 days, or unless the party against whom the order is directed consents that it may be extended for a longer period. See Civil Procedure.
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.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
If you have requested an Order of Protection against another person and now want it to be dismissed for whatever reason, you may be able to achieve this simply by stating your disinterest in continuing with the Order of Protection to the judge.