Orders of Protection in Tennessee: Eligibility, Process, Relief, and Penalties

An order of protection is a court order designed to stop violence, threats, or stalking. Below is a brief overview of Orders of Protection.

1. Who can ask for an order?

Tennessee lets three categories of victims file for protection:

| Domestic abuse | Any act that inflicts or attempts to inflict physical injury, places someone in fear of harm, damages property, or engages in financial abuse § 36-3-601(1).

| Stalking | A “stalking victim” is anyone—regardless of relationship—who has been subjected to, threatened with, or put in fear of stalking as defined in § 39-17-315 § 36-3-601(12).

| Sexual assault | A “sexual assault victim” includes anyone threatened with, or put in fear of, rape or sexual battery under the listed criminal statutes § 36-3-601(11).

-To qualify as a domestic-abuse victim, the petitioner must also fit one of six relationship categories—current or former spouses, co-habitants, dating partners, relatives by blood or marriage, or the child of a qualifying adult § 36-3-601(5)(A)–(F).

2. Step-by-step process

| File the petition | Any victim of domestic abuse, stalking, or sexual assault may file a sworn petition in the clerk’s office; venue lies in the county where the respondent lives or the abuse occurred. § 36-3-602(a)(c)

| Ex parte order (optional) | A judge may issue an immediate ex parte order upon a showing of “immediate and present danger.” § 36-3-605(a. | |

| Service of papers | The court must have the petition, any ex parte order, and notice of hearing personally served on the respondent at least five days before the hearing.

§ 36-3-605(c)

| Hearing timeline | A full hearing must occur within 15 days of service; the ex parte order stays in effect until then. § 36-3-605(b)–(c)

| Forms & firearm warning | State-supplied forms must tell the respondent that possessing a firearm while a qualifying order is in place is a crime. § 36-3-604(c)(1)–(3)

-If the judge finds abuse, stalking, or sexual assault by a preponderance of the evidence, the court can issue (or extend) an order for one year, with the ability to go for life § 36-3-605(b).

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3. What relief can the court grant?

Under § 36-3-606(a) the judge may order, among other things:

1. No further abuse, stalking, or threats § 36-3-606(a)(1)

2. No contact**—in person, phone, texts, social media, or third-party messages § 36-3-606(a)(2)–(3)

3. Exclusive possession of the home and eviction of the respondent § 36-3-606(a)(4)

4. Alternate housing if the respondent owns the dwelling alone § 36-3-606(a)(5)

5. Temporary custody and visitation orders for minor children § 36-3-606(a)(6)

6. Support payments (only when the parties are married) § 36-3-606(a)(7)

7. Court Ordered counseling § 36-3-606(a)(8)

8. Care of family pets § 36-3-606(a)(9)

9. Immediate move-out orders pending full hearing § 36-3-606(a)(10)

10. Lease-break fee reimbursement when safety requires relocation § 36-3-606(a)(11)

Every final order must also state the maximum penalty for violating it § 36-3-606(c).

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4. Penalties for violating an order & firearm rules

State penalties

1.) Criminal contempt—up to 10 days in jail and a **\$50 fine per violation** § 36-3- 610(a); § 29-9-103.

2.) Civil penalty—an additional $50 per violation § 36-3-610(a).

3.) Mandatory arrest—law enforcement must arrest a person who intentionally violates an order § 36-3-610(b).

4.) Separate misdemeanor charge—a knowing violation is also a Class A misdemeanor punishable by up to 11 months 29 days and a fine up to $2,500 § 39-13-113(g).

5. Firearm rules and restrictions

A respondent may not possess or buy firearms while a qualifying protection order is in effect if the order:

-was issued after the respondent had notice and an opportunity to be heard, and either

(a) finds the respondent poses a credible threat, or (b) expressly forbids the use or threat of force against the protected person.

Violations are prosecuted under **18 U.S.C. § 922(g)(8)**—a federal felony carrying up to 10 years in prison ([Department of Justice][10]).

If the respondent is later convicted of even a single misdemeanor crime of domestic violence, the firearm ban becomes permanent under 18 U.S.C. § 922(g)(9).

Tennessee orders must warn respondents of these federal consequences, and the respondent has 48 hours to surrender or transfer all firearms § 36-3-604(c)(1)–(3).

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FAQs

**Q 1: Can I modify or dismiss an order early?**

Yes. Either party can file a motion, and the court may modify or dissolve the order at any time while it is in effect § 36-3-605(d).

**Q 2: How long can an order last?**

A standard order can run up to one year and be renewed in additional one-year increments; certain violations allow the court to extend protection for up to life depending on the specific circumstances § 36-3-605(d).

**Q 3: Do I need a lawyer to file?**

No. Clerks must supply free forms and basic assistance, but having counsel can help gather evidence and present your case § 36-3-604(a)–(b).

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*This article provides general legal information and does not constitute legal advice. Reading it does not create an attorney–client relationship. Laws change, and every case is unique—consult a an attorney about your specific situation.*