Lenoir City, TN asked in Domestic Violence and Family Law for Tennessee

Q: In Tennessee for an ex parte protection order, is a hearing required within 15 days of service of that order?

I have been under an ex parte order of protection for 6 months. Does this violate my due process rights?

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2 Lawyer Answers
Johnny Quitman Rasberry
Johnny Quitman Rasberry
Answered
  • Domestic Violence Lawyer
  • Cordova, TN
  • Licensed in Tennessee

A: At this time the Tennessee Supreme Court has issued Orders continuing Order of Protections until it determines it is relatively safe to conduct hearings. So, no under these circumstances your rights have not been violated. If you do not have an attorney, you need to get one asap.

Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You should go ahead and file a Motion To Dismiss anyway, especially since it was not heard when it could have been prior to this virus mess. It is possible you will prevail instead of being under the Order of Protection for another 6 months.

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