Article II. Prehearing Procedures

215

Rule 26: Restraining Orders.

(a) On application of a party or on the court's own motion the court may make an order restraining or otherwise controlling the conduct of a person if:

(1) An order of disposition of a delinquent, unruly or dependent or neglected child has been or is about to be made in a proceeding under this chapter, or as otherwise authorized by law;

(2) The court finds that the conduct (i) is or may be detrimental or harmful to the child and (ii) will tend to defeat the execution of the order of disposition; and

(3) Due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed.

(b) Restraining orders may be issued upon such terms and conditions, and shall remain in force for such time, as shall seem just and proper to the judge.

Advisory Commission Comments.

This rule is taken from T.C.A. § 37-1-152 and Rule 65.07 of the Tennessee Rules of Civil Procedure.

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