Order of Protection Discussion and FAQs
More commonly known as a restraining order.
What is an ex parte order of protection?
An ex parte order of protection is a temporary order of protection that is granted immediately upon the filing of a petition for an order of protection without a hearing. According to the statute, "An immediate and present danger of abuse to the petitioner shall constitute good cause for purposes of this section."
The statute regarding an ex parte order of protection was amended effective July 1, 2022. If an ex parte order of protection is granted to the petitioner, the hearing must be set within 15 days of service of the petition and ex parte order of protection upon the respondent. At the hearing, the court shall either dissolve any ex parte order that has been issued or shall extend the order of protection for a definite period of time (not to exceed 1 year) if the petitioner has proved the allegation(s) of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, and/or a human trafficking offense, by a preponderance of the evidence. Either party may request a further hearing on the continuation an order of protection beyond the time ordered by the court or the 1 year limit, in which case, on proper showing of cause, the order of protection may be continued for a further definite period of 1 year, after which time a further hearing must be held for any subsequent one-year period.
This mandate of a hearing within 15 days of service does not apply in a case where no ex parte order was granted.
A respondent subject to an ex parte order of protection may request that the final hearing held within 15 days be continued with the ex parte order remaining in effect.
What if an ex parte order of protection is not granted upon the filing of a petition for an order of protection?
Then the case proceeds as normal and a party seeking an order of protection will have to prove at the final hearing that they are entitled to one pursuant to the statute: If no ex parte order of protection has been issued as of the time of the hearing, and the petitioner has proven the allegation of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by a preponderance of the evidence, then the court may, at that time, issue an order of protection for a definite period of time, not to exceed 1 year.
How long do I have to appeal an order of protection final ruling by a general sessions court in Tennessee?
You have 10 days to appeal a final ruling on an order of protection by a general sessions court. Such an appeal shall be to the circuit or chancery court of the county.
Internal citations omitted.
Tenn. Code Ann. § 36-3-601 et seq.
Luker v. Luker, 2018 Tenn. App. LEXIS 508
Last updated 11/11/2022.