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How do I get a restraining order in Tennessee?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Tennessee folds DV, stalking, and sexual assault into a single Order of Protection statute.

1. Types of Protective Orders

  • Order of Protection — Tenn. Code Ann. § 36-3-601 et seq. (covers domestic abuse, stalking, sexual assault).
  • Ex Parte Order of Protection — § 36-3-605.
  • Extended Order of Protection — § 36-3-605(b).
  • No statewide red-flag law; firearm restrictions arise through OP.
  • Workplace — handled via Rule 65 injunction in chancery court.

    • 2. Eligibility

    For domestic abuse, petitioner must be a "domestic abuse victim" (§ 36-3-601(5)): spouse/former spouse, persons living/lived together as if spouses, dating or sexual relationship, blood/adoption relatives, current/former in-laws, persons with a child in common. No relationship required for stalking or sexual assault victims.

    3. Filing

    File in Circuit, Chancery, or General Sessions Court (some counties have specialized DV courts) of any county where petitioner or respondent resides, or where abuse occurred. No filing or service fee at filing; costs may be assessed against respondent if order granted (§ 36-3-617).

    4. Emergency / Ex Parte

    Same-day review. Standard: "an immediate and present danger of abuse" (§ 36-3-605(a)). Ex parte order lasts until full hearing, set within 15 days.

    5. Full Hearing

    Preponderance standard. Respondent personally served. Both parties present testimony, evidence, witnesses; cross-examination allowed.

    6. Permanent Order Duration

    Extended order valid up to 1 year (§ 36-3-605(b)); may be modified, extended, or dissolved on motion. Subsequent extensions may be longer with additional findings.

    7. Enforcement

    Violation is Class A misdemeanor under § 39-13-113 (up to 11 months 29 days jail and $2,500 fine); enhanced penalties for repeat or aggravated violations. Officers shall arrest on probable cause (§ 36-3-619). Firearm dispossession required (§ 36-3-625); federal prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Dissolution

    Either party may motion to modify under § 36-3-605(d); court considers safety, compliance, and changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent contests the 15-day hearing with counsel
    • Custody or child support is being decided in the OP
    • Handgun carry permit or police-officer firearm authority is at risk
    Related Statutes & Laws
    • Tenn. Code Ann. § 36-3-601 et seq.
    • Tenn. Code Ann. § 39-13-113
    • Tenn. Code Ann. § 36-3-625
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.