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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 18372
Experience:  Licensed to practice before state and federal court
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I reside in the state of Tennessee, county of Rutherford

Customer Question

Hello. My name is Ada ***** I reside in the state of Tennessee, county of Rutherford county. If I have a restraining order court hearing for tomorrow, what would happen if I don't go. My husband filed it. The claims are false and my husband has taken advantage of my poor english. I was ordered to move out immediately and jailed for hours. He did this because he knew I was leaving him and moving out. He has been physically abusive and verbally for many years. I also have a a temporary restraining order that happened 1.5 years ago that came up. Again, lies. After we got back together we were supposed to erradicate this past order of protection.He would always make lies. I'm lost and don't know what to do. JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Tennessee JA: Has anything been filed or reported? Customer: Have I retained an attorney, no JA: Anything else you want the lawyer to know before I connect you? Customer: no

Submitted: 8 months ago.
Category: Family Law
Expert:  Legal Eagle replied 8 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Expert:  Legal Eagle replied 8 months ago.

Thanks for your question, Ada. If you have a restraining order hearing tomorrow, if you don't go, there may be some issues. In many cases, if a party doesn't show up to a restraining order hearing and they are defendant, then the court is likely to approve the restraining order. The person who fails to show up is not going to go to jail as restraining orders are civil matters and civil matters like this don't amount to jail time. The court may take into consideration the abuse issues, but if you don't go, you won't have a chance to adequately defend yourself to have the RO defeated. Nonetheless, if you don't go, you'll just have the RO put on you and the court will mail you the decision.

Did you have any other questions for me about this?

Expert:  Legal Eagle replied 8 months ago.

Hello, I wanted to follow up to see if you had other questions for me today?

Customer: replied 8 months ago.
I do. Like stated, I have court for restraining order tomorrow. I was ordered to get me belongings and leave last week. I rented my own place . But my husband said I can’t see my daughter. I saw in the restraining order it says I can’t have contact with anyone under 18. Why? It’s my daughter. When will I be able to see her? And when I went to go get some belongings, the cop would not let me get my 2 vehicles that are in my name. Is that legal? Also, what can I expect after the first hearing. Why are there multiple hearings for the restraining order?
Expert:  Legal Eagle replied 8 months ago.
Thanks for responding. I'm not sure why it would say to stay away from anyone under 18. That's unusual. As far as when you get to see her, that depends on whether they grant the restraining order at all. Nothing's set in stone unless the judge says so.
Expert:  Legal Eagle replied 8 months ago.
If a judge grants the restraining order then they will probably have another hearing in the future to determine if he should go on for another couple of years or if it should be canceled after that.