Can I vacate a protection order entered without notice?
My half-brother lied and said I sexually assaulted him. He filed a police report and got an order of protection. It was dismissed in General Sessions, but he appealed to Circuit Court and it was granted. I didn’t know about the appeal or court date. Now I’m in a database because of this order. I tried to sue him for lying, but the judge dismissed it without prejudice and said Circuit Court has to hear it.
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Here’s what I understand: The order was dismissed in General Sessions, your half-brother appealed, you weren’t notified, and Circuit Court granted it by default. That’s why you’re in the database. To undo it:
- Get the full Circuit Court file, especially any proof of service/notice.
- File a Motion to Set Aside/Vacate the Circuit Court order for lack of notice (due process), and include any new evidence.
- Bring your police report and notes to legal aid/clinics for help drafting the motion.
- Stop contacting him—any threatening messages can support the order.
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My half-brother lied and said I sexually assaulted him. He filed a police report and got an order of protection. It was dismissed in General Sessions, but he appealed to Circuit Court and it was granted. I didn’t know about the appeal or court date. Now I’m in a database because of this order. I tried to sue him for lying, but the judge dismissed it without prejudice and said Circuit Court has to hear it.
When did this start?
02/28/2024.
What outcome are you hoping for?
A dismissal in Circuit Court and removal from the database. A police report says the order ended 04/16/2025, but today the General Sessions judge said my case belongs in Circuit Court. He told me to get Circuit Court records. I wasn’t notified of the appeal. How do I get this dismissed if I missed that hearing? It’s been over a year.
What steps have you taken with Circuit Court? Spoken to any lawyers?
I’m trying to get the Circuit Court file. Legal Aid said they can’t help; I’ll try a legal clinic. I can’t afford a private lawyer. I even called the FBI—they told me to file a local police report.
What’s your specific legal question?
How do I get this dismissed in Circuit Court? Also, I sent him messages about what I’d do if he beat me again—that’s why he filed the order. He used to beat me; I never had him arrested. His other brother beat me too. Today he lied about having a witness—my mother—but the judge made her leave.
Here’s what I understand: The order was dismissed in General Sessions, your half-brother appealed, you weren’t notified, and Circuit Court granted it by default. That’s why you’re in the database. To undo it:
- Get the full Circuit Court file, especially any proof of service/notice.
- File a Motion to Set Aside/Vacate the Circuit Court order for lack of notice (due process), and include any new evidence.
- Bring your police report and notes to legal aid/clinics for help drafting the motion.
- Stop contacting him—any threatening messages can support the order.
Another question: Either he or my mother gave my Social Security number to the officer for the temporary order. Is that a crime?
Sharing your SSN isn’t automatically a crime if it was to identify you for the order. It becomes problematic if used to impersonate you, commit fraud, or otherwise misuse your identity.
What counts as “malicious” use?
If they provided your SSN knowing the claim was false or to cause you harm—especially tied to a false report—that can indicate malicious intent and potential identity misuse.
The officer didn’t ask for his SSN when I filed, but he gave the officer my SSN while lying. That feels malicious.
That raises red flags. You can report it to police and file an identity-misuse complaint with the FTC.
The judge today said I can’t do this alone. Do I need a private lawyer?
Given complexity, hiring counsel is wise. Check lawyer-referral directories, legal clinics, and legal aid resources if funds are tight.
The temporary order shows my SSN was given to the court clerk—he had to give it to the officer first. Why would the officer ask him for my SSN? Is it identity misuse, and can I still file with the FTC?
Yes, you can file with the FTC, and also consider a police report if you believe it was used to harm you.
Can I file on my mother too? She likely gave him my SSN.
Yes, you can include that in your report/complaint.
Can I file a police report as well?
Yes—file locally; for online identity issues you can also submit to the FBI’s IC3.
About the judge—I think he helped my brother appeal without my knowledge. Can I do anything?
Judges don’t handle appeals for parties. If you weren’t notified, that’s a due process issue—challenge the order with a motion to set aside for lack of notice. You can’t “go after” the judge.
No more questions. Thanks.
You’re welcome—best of luck.
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