Resource for a Recourse: Online Resource Center for Survivors of Abuse

TENNESSEE : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Under Tennessee law, in terms of getting a protection order, domestic abuse is when a household or family member does any of these things to you:

physically hurts you,
tries to physically hurt you,
threatens you with serious physical harm,
confines your movement or imprisons you in any way (like locking you in a room), or
destroys or damages your property on purpose and maliciously.
rapes you,
threatens to rape you,
makes you afraid they will rape you,
has sexual contact with you without your consent
threatens to have sexual contact with you without your consent, or
makes you afraid s/he will have sexual contact with you without your consent.

Rape is when anyone:

forces you to have sex without your consent,
has sex with you if you're 13-18 years old and they're 4 or more years older than you, or
has sex with you when you're under 13.

Stalking is when someone repeatedly harasses you. You have to be harassed more than once for it to count as stalking.

Harassment is when someone contacts you without your consent, in a way that distresses you. It includes things like:

following you without you saying it's okay,
coming up to you when you ask them not to,
constantly calling you,
keeping on showing up at someone's house or job (whether or not they come inside),
sending you threatening emails, and
dropping things off on your property that distress you.

To count as stalking, the harassment must also make you feel:

terrorized,
frightened,
intimidated,
threatened,
harassed, or
molested

Your fear has to be "reasonable" - that a reasonable person in your position would be scared or terrorized, too.

For the purposes of getting a protection order, you're considered a victim of stalking if anyone has:

stalked you,
threatened to stalk you, or
made you scared that they're going to stalk you.

Protection orders in Tennessee are designed to protect victims of domestic abuse, sexual assault, or stalking. If anyone has stalked you or sexually assaulted you, you can ask the court for a protection. If you someone has abused you, though, you need to have a special relationship with them to get a protection order. You can only seek a protection order because of domestic abuse if the abuser is:

your husband or ex-husband; or
your wife or ex-wife; or
someone you live with or used to live with; or
anyone you are dating or used to dated; or
anyone you are having a sexual relationship with or used to have a sexual relationship with; or
a same-sex partner you've lived with, dated, or had a sexual relationship with; or
anyone you are related to by blood or adoption; or
anyone you are related to by marriage or used to be related to by marriage.

Tennessee law says that minors (most people under 18) can get a protection order, but there are some special rules.

Types of protective orders:

Temporary Protection Orders (TPOs)

These are also known as "ex parte" orders. Temporary protection orders are short-term orders that are designed to protect you until you are issued an extended Protection Order. They may be granted without the perpetrator's knowledge, although the authorities will notify him if you are granted one. You can ask for a TPO at the same time as you ask for an Extended Protection Order (EPO). A temporary order lasts 15 days, or until the full hearing for your Extended Protection Order (EPO).

Extended Protection Orders (EPOs)

EPO's are only issued after a full court hearing. They protect you for a longer period of time and can offer you a wider variety of protection measures than a temporary order. Extended protection orders last up to one year. Before your order expires, you can ask for a one-year extension.

BACK TO TOP

Benefits:

A protection order may:

order the perpetrator not to call you, contact or otherwise communicate with you, directly or indirectly
order the perpetrator not to stalk you
award you custody of your children
require the perpetrator to pay spousal and/or child support
award you sole possession of your residence (in other words, force the perpetrator to move out & let you stay there) or force the perpetrator to provide alternative housing for you
require the perpetrator to pay for the costs of the court proceedings
require the perpetrator to attend counseling programs that address violent behavior or substance abuse problems
forbid the perpetrator from possessing, owning or buying firearms
order the perpetrator to do anything else you ask for and the judge agrees to.

BACK TO TOP

Costs:

There are no fees for filing for a protection order.

BACK TO TOP

Violations:

Through the Police or Sheriff (Criminal)

If the perpetrator violates the protection order, call 911 immediately. In some cases, the respondent can be arrested right away and held in jail for at least 12 hours. Tell the officers you have a protection order and the respondent is violating it. If the respondent is arrested, then the District Attorney can prosecute the perpetrator because it is a crime to violate a protection order. If found guilty of a violation of a protection order, the respondent may be put in jail.

Through the Civil Court System (Civil)

You may file for civil contempt for a violation of the order. The perpetrator is in "civil contempt" if he or she does anything that your protection order orders him or her not to do. To file for civil contempt, go to the clerk's office and ask for the forms to file for civil contempt. Note: Beginning on July 1, 2006, if the respondent is found to be in violation of the order, the court may extend the order of protection up to five (5) years. If the respondent is found to be in a second or subsequent violation of the order, the court may extend the order of protection up to ten (10) years.

BACK TO TOP