QUESTION
How long is the statue of limitations to dismiss an Order of Protection
Asked on Jun 15th, 2016 on Civil Rights - Tennessee
More details to this question:
I live in Colorado and Judge Williams from Hamilton County granted my ex, who lives in Chattanooga, an Order of Protection on September 21, 2015. I was served 3 days before and could not afford a plane ticket to TN. I had never even been to the state. My ex used to work in Colorado during the summers and come to my house but I've never been to his. I'm a single mom and a college student so I haven't worked in the last two years. At the time I could not afford representation so I asked if I could appear by phone. Judge Williams Clerk asked her and she said no. I faxed an affidavit and she threw out as heresay. My ex won by default. She violated due process not to mention so many of my civil rights. I want this order dismissed and I want to sue my ex for malicious prosecution and slander on top of the State of TN for allowing the judge to be so bias, prejudice and negligent.
1 ANSWER
Orders of protection are good for 1 year unless extended by the court. The due process requires that you get notice of the hearing before it happens and you did get that notice. You can try and sue your ex but you would have come back to Tennessee to do that. I am curious though: if you live in Colorado and your ex lives in Chattanooga, you don't see each other anyway so how is the order of protection hurting you?
Answered on Jun 16th, 2016 at 8:15 PM