Orders of Protection in Tennessee

This explains the court process for an order of protection hearing in Tennessee. To provide some context, I’ve been hired to advocate for clients seeking an order of protection and to defend clients against a petition for protection. The petitioner, the person seeking the order of protection, is distinct from the respondent, the individual against whom the order of protection is being sought.

In Tennessee, orders of protection are granted for three (3) specific grounds. These grounds include being a victim of domestic abuse, sexual assault, or stalking.

Definition of Domestic Abuse / Victim:

Therefore, the Statute states you are a victim of domestic abuse if you are in one of the following relationships. Domestic abuse victim means any person who falls within these categories.

• (A)  Adults or minors who are current or former spouses;
• (B)  Adults or minors who live together or who have lived together;
• (C)  Adults or minors who are dating or who have dated or who have had a sexual relationship. As used herein, “dating” and “dated” do not include fraternization between two (2) individuals in a business or social context;
• (D)  Adults or minors related by blood or adoption;
• (E)  Adults or minors who are related or formerly related by marriage or
• (F)  Adult or minor children of a person in a relationship described in subdivisions A-E. 

TCA 36-6-601(5)(A-F) Order Of Protection

Any domestic abuse victim can start the process. Anyone subjected to, threatened with, or placed in fear of domestic abuse, stalking, or sexual assault, including victims of stalking or sexual assault, falls under the scope of this statement. And by filing a sworn petition alleging domestic abuse, stalking, or sexual assault by the respondent. TCA 36-6-602. Furthermore, a parent or guardian can sign the petition on behalf of a minor.  File the petition in the county where the respondent resides. Or the county in which the domestic abuse, stalking, or sexual assault occurred. If the respondent does not reside in Tennessee, they should file the petition in their residing county.

Two Paths for Orders of Protection

Once you file a petition for an order of protection, the petition proceeds through two paths. Implement an ex parte or temporary protection order immediately as the first course of action. Implement a temporary protection order after arresting the respondent as the second step. Issue a temporary protection order under TCA § 36-3-60. With the respondent appearing in court, following an arrest for a domestic abuse crime.

Thus The Court may find there is probable cause to believe the respondent either;

• (A)  Caused serious bodily injury to the alleged domestic abuse victim; or
• (B)  Used or displayed a deadly weapon.

Moreover, the alleged victim of domestic abuse does not have to attend the issuance of the temporary order of protection. The court schedules a hearing within fifteen (15) days of serving the temporary order to the respondent to decide whether to dissolve, extend, or modify the order. The domestic abuse victim possesses not only the right to receive notice of a hearing but also the right to attend. As a result, the court may incorporate any relief provided under an ex parte order of protection issued under § 36-3-605 into the temporary protection order.

Good Cause

Secondly, TCA §36-3-605 determines if a temporary protection order should be given.  Upon filing a petition under this part, the courts may immediately issue an ex parte order of protection. This will be based on the showing of a good cause. An immediate and present danger of abuse to the petitioner shall constitute good cause for purposes of this section.  A hearing will be held within fifteen (15) days. At this time, however, the court will dissolve any ex parte order. Or shall, if the petitioner has proved the allegation of domestic abuse, stalking, or sexual assault by a preponderance of the evidence, extend the order of protection for a period not to exceed one (1) year.  

A full hearing with a judge must occur before the order can be immediately granted. If a temporary order is not granted, the filing will result in the setting of a hearing date. Furthermore, the hearing will be regarding the allegations of domestic abuse, sexual assault, or stalking in the petition (no temporary order is in effect at that time). After hearing the proof, the judge may grant the order of protection. After the hearing, the judge may dismiss the petition. 

Order of Protection Approval

Once the court grants an order of protection, it actively safeguards the petitioner/victim from domestic abuse, sexual assault, or stalking. The protective measures encompass restraining the respondent from approaching the petitioner, preventing the respondent from issuing threats to the petitioner, awarding the petitioner the residence, instructing the respondent to arrange alternative housing if they are the sole lease or residence owner, providing the petitioner with temporary custody or giving temporary visitation rights for minor children, mandating the respondent to attend counseling, and covering all court costs. Any court with jurisdiction can modify an effective protection order.

The court or the petitioner may initiate a divorce, and if they do, the court will issue an order of protection. This order will persist until the overseeing court revises or dissolves it. If the respondent violates the order, the court can extend the order of protection for up to five (5) years. Subsequent violations empower the court to extend the order for up to ten (10) years. Upon breaching the protection order, the court may hold the defendant in civil or criminal contempt and impose appropriate legal penalties.

Who Pays for the Order of Protection?

The petitioner should not pay the order or protection issuing fees. This includes the filing fees, service fees, and court costs associated with the petition.  If the court issues or extends an order of protection after the hearing, the respondent will pay all court costs, filing fees, litigation taxes, and attorney fees.  If the court does not issue or extend an order of protection, however, the court can assess all costs to the petitioner. This includes court costs, filing fees, litigation taxes, and attorney fees. Here are the reasons for the court to find clear and convincing evidence:

• (A)  The petitioner, not being a victim of domestic abuse, stalking, or sexual assault, does not determine this status by requesting dismissal of the petition, failing to attend the hearing, or incorrectly filling out the petition. And,
• (B) At the time of filing the petition, the petitioner made false claims. 

TCA § 36-3-617 Protection Order

Firearms and the Respondent

If the court issues an order of protection, the respondent must surrender any firearms they have. While the order of protection is active, individuals must remain dispossessed of all firearms. The respondent must sign an affidavit for the court of the dispossession of firearms. 

We Can Help

If you have questions or need assistance with an Order of Protection, please contact Kane & Crowell, LLC.