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To dismiss an order of protection, certain legal requirements must be met, like proving no violation happened or submitting a motion for dismissal. In order to have an order of protection dropped, one must: Return to the county court where the petition for the original order was filed. Complete the necessary paperwork.
Familial estrangement can deeply wound a persons sense of identity and belonging. We naturally expect family relationships to be unconditional, so when theyre weaponized, the emotional fallout can be profound, says Nayak. What makes this form of abuse so insidious is that its often subtle and hard to recognize.
There are a handful of reasons why a judge could decide to deny a petition for a protective order, including: The petitioner does not have sufficient evidence of abuse or harassment. The petitioner fails to complete their petition accurately and completely. The petitioner fails to attend their protective order hearing.
(If you are a victim of domestic violence, you may be eligible for pro bono (free) appellate representation from DV LEAP). Aside from the cost of an attorney, there will be a filing fee that is often between $100-$250.
Note: Tennessee law makes the violation of a protective order a misdemeanor crime of domestic violence. Orders of Protection are ordered for a definite period of time not to exceed one year. However, orders can be extended upon motion.
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Filing a Motion for Dismissal Submitting a motion for dismissal involves presenting a formal request to the court, detailing the grounds for dismissal. The petition must include the date, the rationale for wanting the order of protection dismissed, and the names of each individual involved.
There are three types of orders of protection that can provide victims with legal protections to support their safetyemergency protective orders, temporary restraining orders, and permanent restraining orders.
Emphasize facts, changed circumstances, and the impact of the order on your life. By carefully crafting your written statement, you increase the courts chances of favorably considering your request. Before submitting your statement, have it reviewed by a legal professional familiar with it.

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