How long does a Tennessee no-notice restraining order last?

It expires by its terms within the time the court fixes after entry, not to exceed 15 days. It may be extended once for a like period for good cause, or longer by consent.

How soon is the hearing after a Tennessee emergency order?

A no-notice order cannot last beyond 15 days unless extended once for good cause or longer by consent. Ask the clerk when the hearing will be scheduled.

Does a Tennessee emergency motion have to be sworn?

For an order without notice, yes. Tenn. R. Civ. P. 65.03 requires specific facts in an affidavit or a verified complaint that clearly show immediate and irreparable injury, loss, or damage to the applicant before the adverse party can be heard in opposition.

Is a Tennessee order of protection different from an emergency custody motion?

Yes. An ex parte order of protection is requested on its own petition. Official ex parte order of protection and petition forms are available on the Tennessee courts website. Report suspected abuse to child protective services.

Which Tennessee court do I file an emergency custody motion in?

Which court applies, and any fee or fee waiver, depends on your case. Ask the clerk of the court where your custody case is or would be filed.

Can I keep my child from the other parent while I wait for a Tennessee court?

Ask the court for the specific temporary orders you need rather than acting on your own. If a child is in danger, call 911.

Tennessee Emergency Custody Motion (Rule 65.03)

Q: What is the Tennessee name for an emergency custody order?

The main route is a temporary restraining order without notice under Tenn. R. Civ. P. 65.03, a general rule for temporary orders rather than a custody-specific one. An ex parte order of protection is a separate route where there is abuse.

Q: What must I show a Tennessee court to get an emergency restraining order?

Specific facts in an affidavit or a verified complaint must clearly show that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party can be heard in opposition. The court decides whether the showing is enough.

Key Things to Know

If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.

The main tool is a temporary restraining order without notice under Tenn. R. Civ. P. 65.03, a general rule for temporary orders rather than a custody-specific one.

The standard: specific facts in an affidavit or a verified complaint must clearly show that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party can be heard in opposition.

Notice may be dispensed with only if the applicant's attorney (or pro se applicant) certifies in writing efforts made to give notice and the reasons why it should not be required. Otherwise, give notice to the other parent.

A restraining order granted without notice expires by its terms within the time the court fixes, not to exceed 15 days. It can be extended once for a like period for good cause, or longer by consent. Ask the clerk when the hearing will be set.

Rule 65.03 allows an order without notice only if both conditions are met: the sworn showing of immediate and irreparable injury and the written certification about notice. The court decides whether to grant any order.

For abuse, ask about an ex parte order of protection and report suspected abuse to child protective services. Ask the clerk which court and forms apply. For non-emergency changes, see the modifying child custody guide.

Customize your Emergency Custody Motion Template with DocDraft

IN THE [COURT NAME] OF [COUNTY] COUNTY, TENNESSEE [DIVISION, IF ANY]

[PARENT NAME], Petitioner/Plaintiff, v. NO. [CASE NUMBER] [OTHER PARENT NAME], Respondent/Defendant.

MOTION FOR EMERGENCY TEMPORARY RESTRAINING ORDER AND TEMPORARY CUSTODY RELIEF, WITH VERIFIED DECLARATION OF FACTS

Movant, [PARENT NAME], moves under Tenn. R. Civ. P. 65.03 and states:

CHILD: [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS] in [COUNTY], Tennessee.
EXISTING ORDERS AND CASES: [CASE NUMBER AND COURT OF EACH CUSTODY, PROTECTION ORDER OR CHILD PROTECTION CASE, OR NONE].
FACTS OF THE EMERGENCY: [WHAT HAS HAPPENED OR IS THREATENED, DATES, PLACES, WHO WAS PRESENT].
IMMEDIATE AND IRREPARABLE INJURY: Immediate and irreparable injury, loss, or damage will result to Movant before the other parent can be heard in opposition because [SPECIFIC FACTS].

REQUESTED TEMPORARY ORDERS (ALTERNATIVES): [ ] A. Temporary custody of the child to Movant until further order of the court. [ ] B. Parenting time for the other parent only as follows: SUPERVISED, LIMITED TERMS OR NONE UNTIL HEARING. [ ] C. An order restraining the other parent from HARMING THE CHILD, REMOVING THE CHILD FROM TENNESSEE OR OTHER CONDUCT: [CONDUCT TO BE RESTRAINED]. [ ] D. Other: [REQUEST].

NOTICE (ALTERNATIVES): [ ] A. Notice of this motion was given to the other parent on [DATE] by [METHOD]. [ ] B. Notice was not given. Movant certifies in writing the efforts made to give notice: [EFFORTS MADE]. Notice should not be required because: [REASONS].

Respectfully submitted, ______________________ [PARENT NAME], [ADDRESS, PHONE, EMAIL]

VERIFIED DECLARATION STATE OF TENNESSEE, COUNTY OF [COUNTY] I, [PARENT NAME], being first duly sworn, state that I have read this motion and that the facts stated in it are true and correct. ______________________ [PARENT NAME] Sworn to and subscribed before me on [DATE]. ______________________ Notary Public. My commission expires: [DATE]

CERTIFICATE OF SERVICE (ALTERNATIVES) [ ] A. I certify that a copy of this motion was sent on [DATE] by [METHOD] to [OTHER PARENT OR COUNSEL, ADDRESS]. [ ] B. No copy was sent before filing because: [REASON]. ______________________ [PARENT NAME]

Tennessee Requirements for Emergency Custody Motion

Affidavit or verified complaint

Rule 65.03 requires specific facts in an affidavit or a verified complaint before a restraining order can issue without notice.

Immediate and irreparable injury

The facts must clearly show that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party can be heard in opposition (Tenn. R. Civ. P. 65.03).

Written certification about notice

Notice may be dispensed with only if the applicant's attorney (or pro se applicant) certifies in writing efforts made to give notice and the reasons why it should not be required (Tenn. R. Civ. P. 65.03).

15-day limit on no-notice orders

A restraining order granted without notice expires within the time the court fixes, not to exceed 15 days, extendable once for a like period for good cause or longer by consent.

Facts of the emergency

State dates, places, people present and the specific harm threatened, in the sworn declaration.

Specific temporary orders requested

List each order sought, such as temporary custody, limited or supervised parenting time, or a restraint, as separate alternatives.

Tennessee Emergency Custody Motion

Find out where you stand in Tennessee

Introduction