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1. How much does it cost to file an Order of Protection?

There is no fee paid up-front to file an Order of Protection. However, there are costs involved. The minimum fee is $328.50. If the Order of Protection is granted in court, the Judge will order the Respondent to pay. If you decide to drop the Order of Protection, you could be ordered to pay.

2. Will I have to go to court?

Yes. If the Judicial Commissioner gives you a temporary Order of Protection, you will be given immediate relief. However, this temporary order is only in effect for a period of 15 days after the Respondent is served and you go to court.

3. When will the Respondent be served?

Every effort is made to serve the Respondent as quickly as possible. As soon as the Clerk’s office receives notice back that the Respondent has been served, the clerk will call you to tell you that he/she has been served and give you the court date.

4. Will my child(ren) be protected?

If you have legal custody of your children and have proof of custody, then you may include your child(ren) on the Order of Protection, if they qualify.

5. Can my spouse and I file on the same form?

No. There can only be one adult Petitioner on each Order of Protection

6. Can I file against more than one person?

Yes, but you will need to file a separate Order of Protection for each Respondent. There can only be one Respondent listed on each Order of Protection.

7. How do I violate someone for contacting me?

After a Respondent has been served with the Temporary Order of Protection or a No Contact Final Order of Protection and the Respondent contacts you, you will need to come to the Order of Protection office at the Justice Center to file a violation. If the violation occurs after hours, on the weekend or on a holiday, you will need to go to the Blount County Jail lobby to file the violation with the Judicial Commissioner on duty.

8. How do I drop an Order of Protection?

Once filed, an Order of Protection can ONLY be dropped after the Respondent is served. You will need to go the Order of Protection office to file a Request to Cancel. You will be given a court date and you must both go to court.

9. What is the difference between a Restraining Order and an Order of Protection?

There are multiple differences. See list below for each:
The Order of Protection list is:
You must qualify to file.
Temporary order issued when filed
Must be very specific with reasons you need an Order of Protection
No fee when filed
Possible immediate arrest for violation
May be filed after hours, on weekends or holidays with the Judicial Commissioner
Once granted, effective for 1 year

The Restraining Order list is:
Anyone can file for any reason
No order issued until court date
Must be very specific in what you want the Respondent to be restrained from doing - the Judge will determine what to order when you go to court.
Fee due at time of filing
Civil contempt hearing to determine violation
Must be filed during business hours (Monday - Friday, 8:00 am - 4:30 pm)
Once granted, effective for up to 10 years