Criminal Law Questions? Ask a Criminal Lawyer.
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney practicing in Tennessee.
The worst thing about these types of orders is that the judge is going to err on the side of caution and grant the order of protection if there is any chance that the claimant/person requesting the protective order is in danger.
That said, the best defense to a restraining order is to prove to the judge that there is no danger to the person. This could be based on a reconciliation, or the fact that you've moved away, that the person is fabricating the allegations, that there is no history of violence, etc.
Even though you've had a previous issue, if there has been no problem since that point, the judge should not hold that against you - especially if this is from many years ago.
Sure, you can add as much detail as you like.
The problem with trying to beat a restraining order - as I said earlier - is that the judge is going to err on the side of caution and will usually grant the restraining order with even the least bit of evidence.
Let me know what other relevant information you want to provide. Thanks.
Based on this, I think your best option would be to file a motion to dismiss the protection order based on the fact that the court has no jurisdiction over the matter because neither of you are residents of Tennessee, because the incident/altercation didn't occur in Tennessee, and because this matter ha been resolved through the military procedure.
If the judge refuses to dismiss the matter, the only thing you can do is tell the judge your side of the story and allow the judge to rule on the restraining order.
Also, if you're not residents of Tennessee, the court would have jurisdiction over the child or in regard to child custody. However, unless you are divorcing, a court is not going to disturb your right to see your child, and you have the same right or an equal right to see your child just as much as your spouse.
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