(Straw) Hats off to Tennessee, the One State in the Nation That Has a Provision for Expunging a Bogus Restraining Order

TALKING BACK to restraining orders

“TCA 40-32-101(a)(5) All public records concerning an order of protection [ex-parte, exparte] authorized by title 36, chapter 3, part 6, which was successfully defended and denied by the court following a hearing conducted pursuant to § 36-3-605, shall, upon petition by that person to the court denying the order, be removed and destroyed without cost to the person.”

 —Wikpedia, “Expungement in the United States” (Tennessee)

A woman wrote this week desperate to learn how to seal or expunge the record of a temporary restraining order petitioned against her in California. The order was rejected by the judge, but she’s concerned about the potential ramifications of a lingering record to both her and her children.

Not unduly.

In trying to discover what recourse might be available to her to have the record zapped, I chanced upon the Tennessee statute highlighted in the epigraph. It appears to be the only one…

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