Tennessee § 29-30-105 - Restraining order against defendant — Penalty for violation — Form of order.

§ 29-30-105. Restraining order against defendant — Penalty for violation — Form of order.

If requested by the plaintiff and upon the plaintiff's posting bond in an amount to be determined by the court, but not to exceed the value of the property, the judge may concurrently issue an order restraining the defendant from damaging, concealing or removing such property from the court's jurisdiction. Upon proper showing that such order has been violated, the defendant commits a Class C misdemeanor. The restraining order shall be substantially in the following form: “FIAT Upon the plaintiff posting a bond in the amount of $ , the defendant(s) is (are) hereby restrained from damaging, concealing or removing the described property from the jurisdiction of this court. Judge (Chancellor)” IF THIS RESTRAINING ORDER IS VIOLATED, THE DEFENDANT(S) COMMITS A CLASS C MISDEMEANOR AND IS SUBJECT FOR EACH VIOLATION TO A FINE NOT TO EXCEED FIFTY DOLLARS ($50.00) OR IMPRISONMENT FOR NOT MORE THAN THIRTY (30) DAYS, OR BOTH. Acts 1973, ch. 365, § 5; T.C.A., § 23-2345; Acts 1989, ch. 591, § 113. Code Commission Notes. Portions of this section have been rewritten by the executive secretary to the Tennessee code commission to implement Acts 1989, ch. 591, § 113, effective November 1, 1989, which requested that the executive secretary amend this section by deleting the penalty provision and inserting language to indicate violation of the section is a Class C misdemeanor. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Recovery of Personal Property, § 18. Law Reviews. Creation, Perfection, and Enforcement of Security Interest Under the “Tennessee” Commercial Code (John A. Walker, Jr.), 48 Tenn. L. Rev. 819 (1981). Remedies Under the Tennessee Commercial Code (John A. Walker, Jr.), 30 Vand. L. Rev. 1197. Collateral References. Injunction 150.