Tennessee Restraining Order

State:
Tennessee
Control #:
TN-SKU-0355
Format:
PDF
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Description

Restraining Order

A Tennessee Restraining Order is a legal document issued by a court to protect a person from harm or harassment by another person. It is also known as an Order of Protection (OOP) or a Protective Order. There are two types of Tennessee Restraining Orders: Full Restraining Orders and Limited Restraining Orders. Full Restraining Orders protect the petitioner from any contact with the respondent. This includes being in the same place, talking to one another, or sending each other any type of communication or gifts. Limited Restraining Orders protect the petitioner from only those acts listed in the order, such as physical or sexual abuse. It also prevents the respondent from being near the petitioner’s home, workplace, school, or vehicle. Both parties must obey the order or risk being held in contempt of court. Tennessee Restraining Orders are issued by a judge in Family Court. To obtain a Restraining Order, the petitioner must fill out an application and submit it to the court. The court will then review the application and make a decision based on the information provided. If the judge decides to issue the order, it will be served to the respondent.

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FAQ

A restraining order, also known as an order of protection, is a court order signed by a judge that can be used to protect a person who is a victim of domestic abuse, sexual assault, or stalking. The restraining order also allows police to arrest your abuser without a warrant.

RULE 65. A restraining order may be granted only by a judge of the court in which the action is pending or is to be filed; provided that if the judge of that court is disqualified, disabled or absent from the county, it may be granted by any judge having statutory power to enjoin or restrain.

A temporary protection order lasts 15 days, or until the full hearing for your extended protection order. Extended protection orders are issued after a full court hearing where both sides have the opportunity to appear in court.

By definition, an order of protection is a public record. Tenn. Code Ann. § 10-7-403(2).

THE NO CONTACT ORDER OF PROTECTION That means at home, at work, on the public streets, or anywhere else. It prohibits driving by the plaintiff's home, her/his job site, or any place where she/he is.

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.

To get an Order of Protection, you must file court forms at the court clerk's office in the county where the abuse happened or where the abuser lives. To get the forms you need, Go to the court clerk's office, or. Click here.

If anyone has stalked you or sexually assaulted you, you can ask the court for a protection order against that person, regardless of your relationship to him/her. In addition, a victim of sexual exploitation of a minor or a human trafficking offense would also be able to file for a protection order.

More info

Answer: To get a restraining order, you must file a legal petition with the county court. A restraining order is an injunction.A temporary restraining order can be granted immediately, without a hearing and without any notice to the opposing party. Once the petition is complete, you can file it either in person or online through the Florida Courts e-Filing Portal. The Proof of Service (In Person) (Form DV-200) shows the judge and police that the restrained person got a copy of the order. Once you turn in your request, a judge will decide quickly whether to grant you temporary protection now. For you to file a restraining order, the perpetrator must have committed at least two acts of stalking, harassment or other threatening behavior. An "ex parte" protection order lasts until you go to court. At court, the judge decides if the protection order will be canceled or continued for one year. If you are in danger right now, dial 911.

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Tennessee Restraining Order