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e-Li: Electronic Library

Ex Parte Protective Orders and Standard Orders of Protection

An ex parte order is issued by the court without giving Respondent notice or an opportunity to tell his or her side of the story. It is a temporary order. There must be a hearing within 15 days after Respondent is served with the ex parte order. Respondent must be given at least five days notice of the hearing date. T.C.A. § 36-3-605.

If, at the hearing, the court finds by a preponderance of the evidence that the victim’s allegations are true, the court can extend the order for up to one year. The victim can return each year to ask that the order be extended for another year. A new hearing is required for each extension. T.C.A. §§ 36-3-605 and 36-3-608.