Clarksville, TN asked in Family Law for Tennessee

Q: Dear Esq., My nephew stole family property. I filed suit. He gets a Temp. Retraining order. How can I serve him papers

if I have restraining order. What should I file to get this order set aside until our mid Jan. hearing on the stolen property? Gena

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Rarely would any TRO prohibit filing suit or service of process. Unless TRO specifically says this, your lawyer should get him served. If TRO actually prohibits a suit and process, which I doubt, then you have to go to the Court which issued the TRO and ask to modify it.

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