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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.
In order to fight an order of protection in Tennessee, you can file a dismissal form provided by TN courts. This form can be found at TNCourts.gov. After filling out this form, file it with the county clerk's office. In Tennessee, the orders can be dismissed only by the same judge who signed the initial order.
If your order of protection was filed in Circuit or Chancery court, then you have to file your appeal to the Tennessee Court of Appeals. You need to file a document with the Circuit or Chancery court that says you want to appeal your case.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
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.?