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Petition for Protection Orders
Petition for Orders of Protection
Ex Parte Order of Protection
IN THE *GENERAL SESSIONS COURT FOR HAMILTON COUNTY, TENNESSEE
*In Hamilton County, Orders of Protection are currently issued by the Circuit Courts.
____________________________
Petitioner
vs.
____________________________
Respondant
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Case No. ___________________
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PETITION FOR ORDERS OF PROTECTION
PETITIONER, _____________________________, pursuant to
Tennessee Code Annotated, Section 36-3-601 et seq., states:
- Petitioner is a resident of Hamilton County, Tennessee.
-
The parties have ___________________ minor child(ren):
Name(s) and age(s):
______________________________________________________
______________________________________________________
-
Respondent has abused and/or threatened to abuse petitioner.
Specifically, respondent has:
(Write what happened, when it happened, and where it happened on the following lines.)
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
page 2: Petition for Orders of Protection
- Petitioner is in an immediate and present danger of abuse by respondent.
- Minor child(ren) is/are in immediate and present danger of abuse by respondent.
(For paragraph 6, check only if applicable.)
-
Respondent refuses to leave from the parties' residence.
(If you check paragraph 6, please check one of the following):
- Respondent is the sole _____________________________
(owner or lessee) of the parties' residence.
- Respondent is not the sole owner or lessee of the parties' residence.
WHEREFORE, PETITIONER PRAYS:
- That an ex parte Order of Protection, as provided for in the Tennessee Code Annotated, Section 36-3-605, be immediately issued enjoining respondent from abusing or threatening abuse of the petitioner or the petitioner's minor children, and prohibiting respondent from telephoning, contacting or otherwise communicating with petitioner, and prohibiting respondent from stalking the petitioner as defined in T.C.A. 39-17-315, and that copies of said order be served upon the respondent and filed with the Hamilton County Sheriff;
- That a hearing in this cause be set within ten (10) days pursuant to Tennessee Code Annotated, Section 36-3-605, and that notice of said hearing be served upon respondent together with the Order of Protection;
- That upon the hearing of this cause, petitioner be granted an extended Order of Protection for a period of one (1) year; (For paragraph 4, check only if applicable.)
- That upon the hearing of this cause, exclusive possession of the parties' residence be awarded to petitioner.
-
That respondent pay the costs and litigation tax of this cause;
page 3: Petition for Orders of Protection
- That upon the hearing of this cause, respondent be ordered to attend available counseling programs that address violence and control issues or substance abuse problems.
- For general relief.
____________________________
Petitioner
This is the first application for extraordinary process in this cause.
STATE OF TENNESSEE
COUNTY OF HAMILTON
____________________________, being first duly sworn, makes oath that the petitioner has read the foregoing petition, knows the contents thereof, and the same is true and correct to the best of the petitioner's knowledge, information and belief.
_____________________________
Petitioner
Sworn to and subscribed before me this
____day of _______________, 19_____.
_______________________________
Residence:
_________________________________________________________
Employment:
_________________________________________________________
EX PARTE ORDER OF PROTECTION
TO THE RESPONDENT, _________________________________________.
It appears to the Court from the sworn petition for an order of protection, that such an order should issue pursuant to T.C.A., Section 36-3-605 et seq.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED:
- That respondent is restrained and prohibited from abusing, threatening to abuse, or committing acts of violence upon petitioner or petitioner's minor children; and respondent is prohibited from telephoning, contacting or otherwise communicating with petitioner, and respondent is prohibited from stalking the petitioner as defined in TCA. 39-17-315.
-
That if respondent violates this Order, the respondent may be held in civil and/or criminal contempt of Court and punished by incarceration in the Hamilton County Jail, and may be assessed a civil penalty in the amount of $50.
(NOTE: The petitioner should keep a copy of this order on the person at all times.)
page 2: Ex Parte Order of Protection
- That a hearing on this matter will be held on the ______ day ________________________________ 199_____ at _____, in the Hamilton County Circuit Courts and that the respondent has a right to secure counsel to represent him or her at the hearing.
- That, pursuant to T.C.A., Section 36-3-609, a copy of this order be issued to all local law enforcement agencies in Hamilton County.
- That, pursuant to T.C.A., Section 36-3-611, respondent should be arrested by a law enforcement officer without a warrant if that officer has reasonable cause to believe that respondent has violated or is violating this Order.
Entered this ________ day of ________________________, 199__.
___________________________________
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