Tennessee Code 20-14-104 – Petition – Affidavit – Duration of temporary restraining order
Terms Used In Tennessee Code 20-14-104
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Credible threat of violence: means a knowing and willful statement or course of conduct that would cause a reasonable person to believe that the person is under threat of death or serious bodily injury and that is intended to, and that actually causes, a person to believe that the person is under threat of death or serious bodily injury. See Tennessee Code 20-14-101
- Employer: means any person or entity that employs one (1) or more employees and shall include the state and its political subdivisions and instrumentalities. See Tennessee Code 20-14-101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Unlawful violence: means assault, aggravated assault, stalking, intimidation, or extortion as prohibited by §. See Tennessee Code 20-14-101
Upon filing a petition with the court for an injunction pursuant to this chapter, the petitioner may obtain a temporary restraining order if the petitioner also files an affidavit that, to the satisfaction of the court, shows reasonable proof that an employee or employer has suffered unlawful violence or a credible threat of violence by the respondent and that great or irreparable harm will result to an employee or an employer if the injunction is not granted. The affidavit shall further show that the petitioner has conducted a reasonable investigation into the underlying facts that are the subject of the petition. A temporary restraining order granted under this chapter shall remain in effect, at the court’s discretion, for a period not to exceed fifteen (15) days, unless otherwise modified or terminated by the court.