Tennessee Restraining Order Guide: Orders of Protection Complete Guide (2024)

If you are experiencing domestic violence, stalking, or threats from a family or household member, a Tennessee restraining order—legally known as an Order of Protection—can provide critical legal protection. This comprehensive guide explains everything you need to know about obtaining and enforcing an order of protection in Tennessee, from eligibility requirements to the step-by-step filing process.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Domestic violence situations can be dangerous and legally complex. You should consult with a qualified Tennessee attorney or domestic violence advocate for guidance specific to your situation. If you are in immediate danger, call 911.

Understanding Tennessee Orders of Protection: An Overview

In Tennessee, what many people commonly call a "restraining order" is legally known as an Order of Protection. These court orders are designed to protect victims of domestic abuse, stalking, and sexual assault from further harm by establishing legal boundaries between the victim and the alleged abuser.

Orders of Protection in Tennessee are governed by Tennessee Code Annotated § 36-3-601 et seq., which establishes the framework for who can seek protection, what remedies are available, and how violations are punished.

What an Order of Protection Does

An Order of Protection is a civil court order that can:

• Prohibit contact between the abuser and the victim
• Remove the abuser from a shared residence
• Award temporary custody of children
• Establish child support obligations
• Require the abuser to stay away from the victim's home, workplace, or school
• Prohibit possession of firearms
• Order counseling or treatment programs

Who Can Seek an Order of Protection in Tennessee

Under TCA § 36-3-601, you may petition for an Order of Protection if you are a victim of domestic abuse, stalking, or sexual assault committed by:

• A current or former spouse
• A person you live or have lived with
• Someone you have a dating relationship with or have dated
• A relative by blood, marriage, or adoption
• A person with whom you have a child in common

This category of relationships is known as "family or household members" under Tennessee law.

What Constitutes Domestic Abuse in Tennessee

Tennessee law defines domestic abuse as:

• Physical abuse (hitting, slapping, pushing, choking, or any unwanted physical contact)
• Threats of physical harm
• Sexual assault
• Stalking behavior
• Holding someone against their will
• Placing someone in reasonable fear of imminent harm

Important Note: Verbal arguments alone typically do not qualify as domestic abuse unless accompanied by threats of physical harm or actual violence.

Types of Protective Orders in Tennessee

Tennessee offers several types of protective orders designed to address different emergency situations and levels of urgency.

Ex Parte Order of Protection

An Ex Parte Order of Protection is an emergency order issued without the alleged abuser being present or notified beforehand. "Ex parte" means "from one side" in Latin, referring to the fact that only the petitioner presents evidence to the judge initially.

Key Features of Ex Parte Orders:

• Immediate protection: Can be issued the same day you file your petition
• Temporary duration: Typically lasts until the full hearing (usually 10-15 days)
• Emergency basis: Issued when there's immediate danger of domestic abuse, stalking, or sexual assault
• Standard of proof: You must show reasonable grounds to believe protection is necessary

When Ex Parte Orders Are Appropriate:

• You are in immediate danger
• The abuser has threatened you with harm
• Recent incidents of violence have occurred
• You need protection before a full hearing can be scheduled

Extended Order of Protection

After the full hearing where both parties present evidence, the court may issue an Extended Order of Protection. These orders provide longer-term protection and result from due process where both sides had the opportunity to be heard.

Duration of Extended Orders:

Emergency Ex Parte Protective Order (Criminal Context)

In criminal cases involving domestic violence, Tennessee law also provides for Emergency Ex Parte Protective Orders issued by criminal court judges or magistrates. These operate similarly to civil ex parte orders but are connected to criminal proceedings.

Eligibility and Grounds for an Order of Protection in Tennessee

Eligible Relationships

Under TCA § 36-3-601(3), "family or household members" include:

1. Current and former spouses—regardless of whether you currently live together
2. Cohabitants—people who live or have lived together
3. Dating partners—people who have or had a dating relationship
4. Blood relatives—parents, children, siblings, grandparents, etc.
5. Relatives by marriage—in-laws
6. Adoptive relationships—adopted children and adoptive parents
7. People with a child in common—even if never married or lived together

Dating Relationships Under Tennessee Law

Tennessee courts examine several factors to determine if a dating relationship exists:

• The nature and length of the relationship
• The frequency of interaction between the parties
• The duration of the relationship
• Whether the relationship was sexual in nature
• The expectations each party had for the relationship

Casual dating or isolated dates typically do not qualify. However, Tennessee law does not require a specific duration of dating—courts look at the totality of the relationship.

Acts Qualifying for Protection

You must demonstrate that the respondent committed or threatened to commit one of the following acts:

1. Domestic abuse—as defined above
2. Stalking—a pattern of conduct that would cause a reasonable person to fear for their safety
3. Sexual assault—non-consensual sexual contact

Acts That Do NOT Qualify

Orders of Protection under Tennessee's domestic violence statutes are not available for:

• Disputes with neighbors (unless there's a qualifying relationship)
• Problems with strangers
• Business disputes without qualifying relationship
• General harassment by non-family members

(These situations may qualify for protection under other Tennessee laws, such as anti-stalking or harassment statutes, but not under the Order of Protection framework.)

Step-by-Step Process: How to File for an Order of Protection in Tennessee

Step 1: Assess Your Safety Situation

Before filing, consider your immediate safety:

• If in immediate danger, call 911
• Document all incidents—dates, times, witnesses, injuries
• Preserve evidence—photos of injuries, threatening messages, damaged property
• Identify safe places to stay if you need to leave home
• Consider a safety plan for yourself and any children

Step 2: Determine the Correct Court

In Tennessee, you generally have two filing options:

Location: File in the county where:

• You live
• The alleged abuser lives
• The abuse occurred

Step 3: Complete the Petition

Go to the court clerk's office during business hours and request a "Petition for Order of Protection". The clerk will provide the necessary forms at no cost.

Information You'll Need:

• Your full name, address, and contact information
• The respondent's full name and address (or last known location)
• Date of birth or description if exact address unknown
• Relationship description (how you qualify as "family or household members")
• Detailed description of the abusive incident(s)
• Dates and locations of abuse
• Any police reports, medical records, or evidence references
• Information about children in common (if applicable)

Tips for Filling Out the Petition:

• Be specific about incidents (dates, locations, what happened)
• Include recent incidents within the past year
• Describe any history of abuse
• List any witnesses to the abuse
• Mention any weapons the respondent possesses
• Describe any threats made against you or children

Step 4: Request an Ex Parte Order

When filing your petition, you can request immediate emergency protection by asking for an Ex Parte Order. The clerk will direct you to a judge who will review your petition immediately.

During the Ex Parte Hearing:

• The judge reads your petition
• You may be asked questions about the abuse
• The judge assesses whether immediate danger exists
• No notice is given to the respondent at this stage

Standard: The judge must find "reasonable grounds" to believe protection is necessary. This is a lower standard than the "preponderance of evidence" required at the full hearing.

Step 5: Service of Process

If an Ex Parte Order is issued, the respondent must be formally served with:

1. A copy of the petition
2. A copy of the Ex Parte Order
3. Notice of the full hearing date and time

Service Methods:

• Sheriff's office or law enforcement (preferred and most common)
• Certified process server (with court approval)

The sheriff's department typically serves orders of protection at no additional cost to the petitioner. Service must be completed before the full hearing can proceed.

Step 6: The Full Hearing

A full hearing is typically scheduled within 10 to 15 days of the Ex Parte Order being issued. This is your opportunity to present evidence and testimony supporting your request for protection.

At the Hearing:

• Both parties may present evidence
• Both parties may call witnesses
• You may be represented by an attorney (but it's not required)
• The respondent can present their side and challenge your claims
• The standard of proof is "preponderance of the evidence" (more likely than not)

Evidence You May Present:

• Photographs of injuries or property damage
• Medical records documenting injuries
• Police reports from incidents
• Recorded threats or voicemails
• Text messages or emails
• Witness testimony
• Documentation of past abusive behavior

Possible Outcomes:

1. Order Granted: The court issues an Extended Order of Protection
2. Order Denied: The Ex Parte Order expires, and no extended order is issued
3. Order Modified: The court may modify terms from the Ex Parte Order
4. Continued: The hearing may be rescheduled if additional time is needed

Step 7: Issuance of Extended Order

If the judge grants your petition, an Extended Order of Protection will be issued, typically lasting one year from the date of issuance. The order will:

• Specify what behaviors are prohibited
• List any prohibited locations
• Address child custody and visitation if applicable
• Detail any financial obligations
• Specify duration of the order

Important: Once issued, provide copies of the order to:

• Your local police department
• Your workplace (if relevant)
• Your children's school(s)
• Any other relevant locations

What an Order of Protection Can and Cannot Do

Provisions Available in Tennessee Orders of Protection

Tennessee judges have broad authority to include various provisions in an Order of Protection:

Prohibited Conduct:

• No contact of any kind (direct or indirect)
• No harassment or threats
• No following or stalking
• No physical abuse or threats of abuse
• No destroying personal property

Residence Provisions:

• Exclusive possession of the shared residence
• Removal of the respondent from the home
• Assistance from law enforcement in removing the respondent

Child-Related Provisions:

• Temporary custody of minor children
• Visitation restrictions or supervision requirements
• Child support orders
• Protection of children from abuse or witnessing abuse

Financial Provisions:

• Temporary support for spouse or children
• Payment of mortgage/rent on the residence
• Payment of household bills
• Use of vehicles or other property

Additional Provisions:

• Firearm surrender prohibition
• Mandatory counseling or treatment programs
• Stay-away orders from specific locations (work, school, etc.)

What Orders of Protection Cannot Do

An Order of Protection cannot:

1. Resolve property division (except temporary use)
2. Establish permanent child custody or visitation
3. Award long-term spousal support (alimony)
4. Resolve divorce proceedings (these must be filed separately)
5. Protect against non-qualifying individuals
6. Guarantee absolute safety (no legal document can)

Violations of Orders of Protection in Tennessee

What Constitutes a Violation

Under TCA § 36-3-606, violating any provision of an Order of Protection is a criminal offense. Common violations include:

• Contacting the protected person in any manner
• Going near the protected person's home, work, or school
• Threatening the protected person
• Harassing or stalking behavior
• Failing to surrender firearms
• Violating any specific provision of the order

Criminal Consequences

Violating an Order of Protection in Tennessee is a Class A misdemeanor, punishable by:

• Up to 11 months and 29 days in jail
• Fines up to $2,500
• Both jail time and fines

Enhanced Penalties:

• Second or subsequent violations: May be charged as a Class E felony
• Violations involving firearms: Enhanced penalties
• Violations causing bodily injury: Enhanced penalties

What to Do If the Order Is Violated

1. Call 911 immediately—report that an Order of Protection has been violated
2. Tell the dispatcher you have an active order and provide details of the violation
3. Show officers the order when they arrive
4. Request an arrest—police must arrest if they have probable cause to believe a violation occurred
5. Document the violation—write down what happened, when, and any witnesses
6. Contact the court—file a violation report if an arrest is not made

Mandatory Arrest: Under Tennessee law, law enforcement must make an arrest when they have probable cause to believe an Order of Protection has been violated and the violation involves:

• Physical abuse
• Threats of bodily harm
• Stalking behavior
• Possession of a weapon in violation of the order

Emergency Resources and Support

If You Are in Immediate Danger

Call 911 immediately and clearly state:

• You have an Order of Protection (or are seeking one)
• You are in danger
• Your location

Tennessee Domestic Violence Resources

Legal Assistance Resources

• Legal Aid Society of Middle Tennessee: (615) 244-6610
• Memphis Area Legal Services: (901) 523-8822
• East Tennessee Legal Services: (865) 637-0484
• Tennessee Alliance for Legal Services: www.tnjustice.org

Safety Planning Considerations

If you are preparing to leave an abusive situation:

1. Pack an emergency bag with essential documents and items
2. Identify safe escape routes from your home
3. Establish code words with children or trusted friends
4. Secure important documents (birth certificates, IDs, financial records)
5. Set aside emergency cash if possible
6. Identify safe places to go (friends, family, shelters)
7. Keep a record of all incidents of abuse

Modifying, Extending, or Dismissing an Order of Protection

Modifying an Order

Either party may petition the court to modify an existing Order of Protection if circumstances change. Examples:

• The petitioner wants to allow contact for family events
• Custody arrangements need adjustment
• The respondent's address changes
• Safety conditions have changed

Process:

1. File a motion to modify with the court that issued the order
2. Notice must be given to the other party
3. A hearing will be scheduled
4. Both parties may present evidence

Extending an Order

Orders of protection typically expire after one year. To extend an order:

1. File a petition for extension before the current order expires
2. Demonstrate that protection is still necessary
3. The respondent will receive notice and can contest the extension
4. A hearing will be held

Note: The court will only extend an order if there is continuing need for protection.

Dismissing an Order

The petitioner (person who sought protection) may request to dismiss an order at any time. However:

• The court may still hold a hearing to ensure the dismissal is voluntary
• The respondent cannot force a dismissal—only the petitioner can request it
• Dismissal is permanent—a new order would need to be filed if problems resume

Orders of Protection and Related Legal Proceedings

Impact on Divorce and Custody Cases

An Order of Protection can significantly affect related family law proceedings:

Child Custody:

• Courts prioritize child safety in custody determinations
• An Order of Protection finding of abuse creates a presumption that the abuser should not have custody (though this can be rebutted)
• Supervised visitation may be ordered

Divorce Proceedings:

• Orders of Protection can be filed independently or alongside divorce
• Abuse findings may affect property division and alimony
• Orders of Protection do not automatically grant divorce

Tennessee Law Presumption: Under TCA § 36-6-404, there is a presumption that it is harmful to a child for a parent who has committed domestic abuse to have custody.

Firearm Restrictions

Under both Tennessee and federal law, individuals subject to certain Orders of Protection:

1. Are prohibited from purchasing or possessing firearms
2. Must surrender any firearms in their possession
3. May face federal charges for firearm possession (18 U.S.C. § 922(g)(8))

Federal Law: Individuals subject to Orders of Protection meeting certain criteria are prohibited from possessing firearms under federal law, regardless of state law.

Frequently Asked Questions About Tennessee Orders of Protection

Does it cost money to file for an Order of Protection in Tennessee?

No. There are no filing fees for Orders of Protection in Tennessee. The petition, filing, and service are provided at no cost to the petitioner.

Do I need an attorney to get an Order of Protection?

While not required, having an attorney can be helpful, especially if:

• The respondent has retained an attorney
• Child custody is at issue
• You have complex evidence to present
• The respondent is challenging the order

Many domestic violence organizations can provide free or low-cost legal assistance.

What if the respondent lives in another state?

Tennessee Orders of Protection can be issued regardless of where the respondent currently lives. Once issued, the order can be enforced through the Full Faith and Credit provision of the Violence Against Women Act, meaning other states must recognize and enforce Tennessee orders.

Can I drop the charges or "take back" the order?

Only the court can dismiss an Order of Protection. While you can request dismissal, you cannot simply "take it back" once filed. This legal design protects victims from coercion to drop protection.

What happens if I contact the respondent?

The Order of Protection typically prohibits contact from either direction. If you initiate contact, the respondent may still be in violation if they respond. Additionally, repeated contact by the petitioner could result in the order being modified or dismissed.

Will an Order of Protection appear on the respondent's record?

Yes. Orders of Protection are entered into law enforcement databases and will appear on background checks. This can affect:

• Employment opportunities (especially in sensitive positions)
• Firearms rights
• Security clearances
• Professional licenses

How long does an Ex Parte Order last?

Ex Parte Orders typically last until the full hearing, which is usually scheduled within 10-15 days. If the hearing cannot be scheduled in that timeframe, the order may be extended.

Can I get an Order of Protection against my child's parent if we never married?

Yes. If you have a child in common, you qualify as "family or household members" under Tennessee law, regardless of whether you were married or lived together.

What if the respondent violates the order in another state?

Tennessee Orders of Protection must be enforced nationwide. If the respondent violates the order in another state, local law enforcement should enforce it as if it were issued by their own court.

Can an Order of Protection affect the respondent's immigration status?

Violating an Order of Protection can have immigration consequences, particularly for non-citizens. Additionally, certain protective orders involving crimes of domestic violence may affect immigration status under federal law.

Practical Tips for Tennessee Order of Protection Proceedings

Before Your Hearing

1. Organize your evidence chronologically
2. Prepare written statements summarizing incidents
3. Line up witnesses who can testify about the abuse
4. Make multiple copies of all evidence (one for you, one for the court, one for the respondent)
5. Practice your testimony—be clear and specific
6. Arrange childcare if needed—children typically do not attend hearings
7. Dress appropriately for court

During Your Hearing

1. Be honest—credibility is crucial
2. Be specific about dates, times, and details
3. Stay calm—the respondent may try to provoke you
4. Answer questions directly—don't elaborate unnecessarily
5. Speak clearly so the court reporter can record your testimony
6. Don't interrupt the judge or the other party

After Your Order Is Issued

1. Keep copies with you at all times
2. Provide copies to schools, workplaces, and police departments
3. Know the terms—understand exactly what is prohibited
4. Document any violations—even minor ones
5. Call police immediately if the order is violated
6. Consider safety planning regardless of the order
7. Note the expiration date and file for extension if needed

Related Legal Resources

• Tennessee Courts Self-Help Center
• Tennessee Coalition to End Domestic & Sexual Violence
• Tennessee Code Annotated § 36-3-601 (Orders of Protection)
• National Domestic Violence Hotline
• Violence Against Women Act (VAWA) Resources

Key Takeaways: Tennessee Orders of Protection

1. Orders of Protection are available to "family or household members" experiencing domestic abuse, stalking, or sexual assault
2. Ex Parte orders provide immediate emergency protection before a full hearing
3. Extended orders can last up to one year and may be renewed
4. Violating an order is a criminal offense punishable by jail and fines
5. There is no cost to file for an Order of Protection in Tennessee
6. Firearm restrictions apply to those subject to qualifying orders
7. Orders are enforceable nationwide under federal law
8. Legal assistance is available through various organizations for those who need help

Next Steps: Taking Action

If you need protection from domestic violence:

1. If in immediate danger, call 911
2. Contact a domestic violence advocate for support and safety planning
3. Document all incidents of abuse
4. Go to your local court clerk's office to file a petition
5. Consider consulting an attorney for guidance
6. Develop a safety plan for yourself and any children

Remember, while this guide provides comprehensive information about Tennessee Orders of Protection, every situation is unique. If you are facing domestic violence, reach out to qualified professionals who can provide personalized assistance and support.

Last Updated: January 2024 | This guide reflects Tennessee law as of the date of publication. Laws change, and this information may not reflect current legal requirements. For the most current information and advice specific to your situation, consult with a qualified Tennessee attorney.

National Domestic Violence Hotline: 1-800-799-SAFE (7233) | Text: "START" to 88788