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How To Fight An Order Of Protection In Tennessee? (Question)

In Tennessee, you can ask for dismissal of an existing order of protection by filing a simple one-page form with the county clerk for your jurisdiction. There is no charge.

What is a temporary order of protection in Tennessee?

  • Tennessee Protective Orders Laws. The Basics of Tennessee Protective Order Laws Protective orders, also called ” orders of protection ” or “restraining orders,” are issued by judges and require a named individual to stay a certain distance away from the person filing for protection. Typically these are temporary,

How do you beat an order of protection?

To get the order terminated, you need to file a motion. Once you’ve filed the motion, a hearing is held within a week. During this period, it’s critical to avoid violating the restraining order as this could worsen your case in court. Make sure to obey the order until it has been lifted.

Can an order of protection be dropped in Tennessee?

How do I drop an Order of Protection? Once filed, an Order of Protection can ONLY be dropped after the Respondent is served. You will need to go the Order of Protection office to file a Request to Cancel. You will be given a court date and you must both go to court.

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Can someone fight an order of protection?

If a person files an injunction against you, a formal court date will be scheduled to determine further action. At this time, a judge will decide whether to drop the order of protection or make it permanent. You need an experienced lawyer fighting on your behalf. Fighting a restraining order is a stressful time.

How do you write a letter to a judge to remove a restraining order?

Essentially, what you should include in the letter/motion is what you respectfully request that the court do, i.e., remove the protection order, and why it would be right for the court do what you request, i.e., because you are not a threat to her, etc.

How do you convince a judge to drop a no contact order?

Write the reasons you want terminate the order. You may want to keep the order but ask that certain parts of it be dropped. You can ask that the “stay away” and “no contact” parts of the order be dropped, but still keep the parts of the order that say the other person can’t abuse you.

What happens if the victim violates the order of protection in Tennessee?

A violation of an order of protection or no-contract order is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail, and a fine between $100 and $2,500. When the protection order violation involves a firearm or assault, other criminal charges may apply.

Can a restraining order be dropped?

If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.

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What proof do you need for a restraining order?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

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