How To Fight An Order Of Protection In Tennessee? (TOP 5 Tips)

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.

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.

Do I need a lawyer for a TPO hearing?

Restraining Orders are Serious Matters (Temporary orders are an exception; see the explanation below.) You also have the right to be represented by an attorney, although in restraining order proceedings, you are not entitled to free counsel or a court-appointed attorney.

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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.

How long does an order of protection last in Tennessee?

Tennessee law allows an Order of Protection to be in effect for up to one year, but it can be extended if the order is violated.

Can I contact someone I have an order of protection against?

If you accidentally violate your own restraining order, you cannot be arrested or charged with contempt for contacting the person you have a restraining order against. Still, it is ill-advised to do so. There may be a way to have the restraining order modified to allow limited, peaceful contact.

Can a protection order be dropped?

A person cannot stop following the rules of the protection order and think it is dismissed. The court makes the order, and only the court can remove the protections afforded, so a person must ask or file to drop the order.

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How do you get a judge to rule in your favor?

How to Persuade a Judge

  1. Your arguments must make logical sense.
  2. Know your audience.
  3. Know your case.
  4. Know your adversary’s case.
  5. Never overstate your case.
  6. If possible lead with the strongest argument.
  7. Select the most easily defensible position that favors your case.
  8. Don’t’ try to defend the indefensible.

What happens if the victim violates the order of protection?

For violating a civil restraining order, the first offense is a Class 2 misdemeanor with a penalty of 3 to 12 months in jail and $250 to $1,000 in fines. Any subsequent offense can result in a Class 1 extraordinary risk misdemeanor with a penalty of 6 to 24 months in jail and $500 to $5,000 in fines.

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