Tennessee Protective Orders Laws

If you’re experiencing domestic violence, understanding your legal options is an important step toward safety. In Tennessee, protective orders can also require an abuser to vacate a shared home, grant you temporary custody of children, and mandate that the abuser attend treatment programs.

This guide explains what qualifies as domestic violence in Tennessee, the different types of protective orders available, the step-by-step process for obtaining one, what happens when an order is violated, and additional legal protections for victims. Whether you’re considering filing for a protective order or need to enforce one you already have, a Tennessee domestic violence attorney can help you navigate the legal system and protect your rights.

If you or someone else is in immediate danger, call 911.

What Is Considered Domestic Violence in Tennessee?

Domestic violence (also called domestic abuse or domestic assault) in Tennessee requires two elements: a qualifying relationship between the people involved and a qualifying abusive act.

Qualifying Relationships

Tennessee law defines specific relationships that qualify for domestic violence protective orders:

• Current or former spouses
• People who live together or have lived together
• People who are dating or have a sexual relationship
• People who dated one another or had a sexual relationship in the past
• Blood relatives (consanguinity)
• People related by adoption
• People related by marriage or formerly related by marriage (in-laws)
• Any adult or minor child of a person in one of these relationships

Qualifying Acts

Domestic violence is about power and control. Tennessee law recognizes the following abusive acts as domestic violence when they occur between people in qualifying relationships:

• Intentionally or recklessly inflicting physical injury
• Attempting to inflict physical injury
• Placing someone in reasonable fear of imminent bodily harm
• Placing someone in fear of physical restraint
• Physically restraining someone
• Maliciously damaging personal property or legal documents
• Child abuse

It can also include financial abuse, such as:

• Restricting access to money, bank accounts, or credit
• Using someone’s funds or credit for personal gain
• Failing to act in someone’s best interests as their fiduciary

Why domestic violence classification matters: Having a crime classified as domestic violence provides survivors with access to specialized protections, including protective orders, and subjects abusers to enhanced penalties.

Types of Protective Orders in Tennessee

Tennessee offers several types of protection orders depending on the situation. All protective orders issued in Tennessee are enforceable anywhere in the United States, including tribal reservations and U.S. territories, under federal law.

Order of Protection for Domestic Violence, Stalking, and Sexual Assault

Tennessee uses the same order of protection for victims of:

• Domestic violence/domestic assault (between people in qualifying relationships)
• Stalking (continued harassment causing fear, intimidation, or distress—doesn’t require a personal relationship)
• Sexual assault (rape, sexual battery, sexual exploitation, human trafficking, and related offenses)

Order of Protection for Elderly or Vulnerable Adults

This order protects adults over age 70 and adults 18 or older with physical or intellectual disabilities who need help with daily tasks, money management, and protection from:

• Financial exploitation
• Neglect
• Abuse
• Sexual exploitation

Family members, caregivers, and law enforcement can file for this protective order. Tennessee law requires anyone who witnesses adult abuse to report it at 1-888-APS-TENN (1-888-277-8366).

Workplace Restraining Orders

Employees or employers can seek workplace restraining orders for victims of unlawful violence or credible threats of violence at work, including:

• Assault or aggravated assault
• Extortion
• Intimidation
• Stalking

Common Provisions in Protective Orders

Protective orders are tailored to each case. While provisions vary, common conditions include:

• No-contact and stay-away orders: The abuser cannot contact you directly or indirectly and must stay a certain distance away from you, your home, workplace, children’s school, and other locations
• Residential arrangements: The abuser must vacate a shared residence or cannot return to it. Or they may be required to provide alternative housing for you
• Custody and child support: Temporary custody of minor children, temporary child support. temporary spousal support, supervised visitation or restricted visitation rights, neutral location requirements for child exchanges
• Safety measures: For example, the abuser must surrender all firearms and ammunition and cannot possess firearms for the duration of the order, award of household pets to you or a foster system, or transfer of telephone number control to you
• Treatment requirements: Mandatory certified batterers’ intervention programs, substance abuse counseling, anger management programs

The court can add, remove, or modify provisions as necessary for your safety.

How to Get a Protective Order in Tennessee

Getting a protective order in Tennessee is a straightforward process, though it can feel overwhelming when you’re dealing with an abusive situation. The process involves filing a petition, obtaining a temporary order, attending a court hearing, and potentially receiving an extended order. Here’s what you need to know:

Step 1: Obtain and Complete the Petition

You can get protective order forms:

• Online from the Tennessee Courts website
• At the clerk’s office in any chancery, circuit, or general sessions court
• Through a domestic violence advocate near you

You’ll file in the county where:

• The abuse occurred, OR
• The abuser lives, OR
• You live (if the abuser doesn’t live in Tennessee)

You can file the petition yourself, or a domestic violence advocate can help you complete and file the forms. There is no filing fee for protective orders in Tennessee unless the court rules that you knowingly filed a false claim.

Step 2: Temporary Protective Order (TPO)

A judge will review your petition and may ask you questions. If the court determines there is present danger or that abuse occurred, a temporary protective order (TPO) is issued.

TPOs are often issued in an ex parte hearing, meaning the abuser is not present when the judge makes the decision.

The TPO takes effect after law enforcement serves it on the abuser and lasts up to 15 days or until the full court hearing, whichever comes first.

Step 3: Full Court Hearing

A court hearing is scheduled within the TPO period. Both you (the petitioner) and the abuser (the respondent) can present evidence, call witnesses, and make arguments before the judge. Both sides can have a lawyer represent them or represent themselves (pro se).

Step 4: Extended Protective Order (EPO)

If you prove the abuser remains a threat, the court issues an extended protective order (EPO). EPOs can include provisions not available in temporary orders, such as custody arrangements, financial support, and mandatory treatment programs. They last up to one year and can be renewed during the final three months before expiration.

After violations, protective orders can be extended for five years, ten years, or even made permanent.

Special Filing Procedures

For elderly/vulnerable adults, law enforcement can file emergency petitions at any time of day or night on behalf of elderly or vulnerable adults.

In cases of workplace violence, employees or employers file under the Tennessee Workplace Violence Act. The petitioner or any adult over 18 can serve the temporary restraining order. Workplace injunctions last up to three years.

What Happens If a Protective Order Is Violated?

If your abuser violates or threatens to violate your protective order, call 911 immediately. Law enforcement can arrest violators with probable cause.

Violations of protective orders are treated as contempt charges with both criminal and civil elements.

These contempt penalties are in addition to penalties for any crimes committed during the violation (such as assault, stalking, or harassment). The court can order sentences to run consecutively.

Additional Consequences for Violations

After a first violation, the court can extend your protective order for five years. Additional violations may justify an extension of up to 10 years. For certain severe violations, lifetime protection orders may be issued.

Violators may also be required to attend mandatory treatment programs, such as:

• Certified batterers’ intervention programs
• Substance abuse treatment
• Anger management counseling

Some violations, such as stalking, automatically result in upgraded criminal charges if they violate a protection order. In this example, the charge would become aggravated stalking (a Class E felony).

Out-of-State Protective Orders

If you have a protective order from another state, it is fully enforceable in Tennessee under both state law and the federal Violence Against Women Act (VAWA). Keep a copy of your order with you and, if possible, inform local law enforcement if you move to or visit another state.

Other Protections for Domestic Violence Victims in Tennessee

Beyond protective orders, Tennessee offers additional resources and legal protections for domestic violence victims.

Safe at Home Program

The Safe at Home Program is Tennessee‘s address confidentiality program designed to keep victims hidden from their abusers. This program provides survivors of domestic abuse with:

• A substitute legal mailing address for public records (driver’s license, voter registration, etc.)
• Forwarding of first-class mail to your actual location
• Address confidentiality to prevent abusers from finding you

These services are provided by the state, free of charge.

Legal Lease Termination

Domestic violence victims can legally break a lease without penalty under Tennessee law if they provide:

• At least 30 days’ written notice to their landlord
• Agreed-upon termination date
• Rent paid through the termination date
• Proof of domestic violence (protective order or police report)

Domestic Violence as Grounds for Divorce

Domestic violence qualifies as grounds for divorce in Tennessee. The law recognizes “cruel and inhuman treatment” that makes cohabitation unsafe as grounds for divorce.

Protective orders can establish temporary custody during divorce proceedings, and the court can award temporary spousal support and child support.

You have the right to refuse mediation if you’re uncomfortable being in the same room as your abuser during divorce proceedings. If you do choose mediation, you can bring support persons and request a mediator with domestic violence training.

Impact on Child Custody

When determining custody, Tennessee courts operate under the best interests of the child standard. A parent’s history of domestic violence is a significant factor.

Possible custody restrictions include:

• Supervised visitation only
• Neutral, public locations for visits or child exchanges
• Restricted or denied visitation if the abusive parent poses a threat

Important: Even if your spouse has domestic violence convictions, they may still have parental rights. However, the court will impose conditions to protect you and your children.

Civil Lawsuits for Damages

In addition to criminal charges, you can sue your abuser in civil court for damages related to domestic violence.

Recoverable damages include:

• Medical bills and treatment costs
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Property damage

The court can order the abuser to pay your court costs and attorney fees for protective order proceedings.

Domestic Violence Advocates

Domestic violence advocates are experienced professionals who help victims create safety plans and access resources. They can provide services like

• Help with completing protective order paperwork
• Assistance in finding emergency shelter
• Transportation to court hearings or safe locations
• Connection to counseling and support services
• Information about available protections and resources
• Safety planning

The Tennessee Coalition to End Domestic and Sexual Violence can connect you with advocates throughout the state.

Creating a Safety Plan

Whether you’re planning to leave or have already left an abusive relationship, having a safety plan increases your chances of a safe escape.

A safety plan should include:

• Emergency contact numbers
• Safe places to go
• Important documents (ID, birth certificates, financial records)
• Emergency cash or bank account information
• Medications and medical records
• Shelter contact information
• Plan for children and pets

Always call 911 if you or someone else is in immediate danger. You can also find 24/7 support through the National Domestic Violence Hotline at 1-800-799-7233.

Get Legal Help With Domestic Violence Protective Orders

If you’re experiencing domestic violence, you don’t have to face this alone. Whether you’re seeking a protective order, dealing with a violation, navigating divorce proceedings, or fighting for custody of your children, a Tennessee domestic violence attorney can help.

A local domestic violence attorney can:

• Help you obtain a protective order
• Represent you at protective order hearings
• File for divorce on grounds of domestic violence
• Fight for custody and protect your parental rights
• Pursue civil damages for your injuries
• Ensure the abuser is held accountable for violations
• Connect you with additional victim resources

Taking action to protect yourself is the first step toward a life free from abuse. Contact a Tennessee domestic violence attorney today to discuss your legal options and begin building your path to safety.