Asked in Divorce for Tennessee

Q: Does an order of reconciliation include a order of protection? Will they drop it as well?

My husband filed for a divorce and got a order of protection. We want to reconcile and I want to make sure the protection order will be dropped.

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: No ... That is two different actions. And often two different Courts.

Ross Matuszak
Ross Matuszak
PREMIUM
Answered
  • Franklin, TN
  • Licensed in Tennessee

A: Just because you reconcile does not mean that the order will be dropped. If there is an active order of protection in place against you, it is very important to make sure that it is no longer in effect before contacting the person who obtained said order. You can face penalties (including time in jail) for contempt of court if you violate a court order. If you read the order of protection, it should explicitly state that only the court can change the order. Also, it is possible that the order of protection was not filed in the same court as your divorce.

If you have a question regarding orders of protection, it is important that you consult an attorney and bring any paperwork regarding the order with you. To get the order dropped, you usually have to go to court. If that hasn't happened, the order is probably still in place. You must verify that there is no order of protection against you before contacting your spouse so you don't face penalties for violating a court order.

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