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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.
All you have to do is file a document in General Sessions Court that says you want to appeal your order of protection. This is called a Notice of Appeal. If the clerk cannot give you a Notice of Appeal, you may have to write a document explaining that you want to appeal your case.
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.?
RULE 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS. (a) Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.
If a request, response, or objection is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response or objection and a party shall not be obligated to take any action with respect to it until it is signed.
Once a notice of appeal is filed, the court clerk has 60 days to prepare the records. Then, each side has 30 days to present their briefs. In almost all cases, extensions of time are granted.
4.04(1): Rule 4.04(1) provides that a defendant who evades or attempts to evade service of the summons and complaint may be served "by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the ...
To file by telephone, please call either: The Family Assistance Service Center (FASC) at: (866) 311 - 4287, or. Appeals Clerk's Office at: (833) 772 - 8347 or (800) 270 ? 1349 (TTY).