Orders of Protection in Tennessee

An order of protection is a civil court order with serious civil and criminal consequences. It can restrict where a person lives, whether that person can see his or her children, whether the person can possess a firearm, and whether the person carries a lasting record that shows up in background checks. Brooks Law Firm represents both petitioners seeking an order of protection and respondents opposing one, throughout Memphis and Shelby County.

Tennessee’s Order of Protection Act is codified at Tenn. Code Ann. § 36-3-601 et seq. Although the hearing is conducted in a civil court, the consequences of an order — particularly the federal firearm prohibition that attaches under 18 U.S.C. § 922(g)(8) — are punitive in effect and difficult to undo. These cases deserve careful handling from the start.

“A fifteen-minute hearing can produce an order that affects housing, employment, parenting time, and gun rights for years. The time to prepare is before that hearing, not after it.”

Who Qualifies to Petition

Under Tenn. Code Ann. § 36-3-601, a petition may be filed by:

  • A domestic abuse victim — a current or former spouse, a person who lives or has lived with the respondent, a person in or formerly in a dating or sexual relationship, a person related to the respondent by blood or marriage, or an adult or minor child of any such person.
  • A stalking victim — any person, regardless of relationship, who has been subjected to stalking as defined in Tenn. Code Ann. § 39-17-315.
  • A sexual assault victim — any person, regardless of relationship, who has been subjected to, threatened with, or placed in fear of a sexual offense enumerated in the statute.
  • A victim of human trafficking or sexual exploitation of a minor, as defined by Tennessee law.

Effective July 1, 2025, the statutory definition of “abuse” in § 36-3-601(1)(B) was expanded to include acts inflicted indirectly through a third party acting on behalf of the offending party. This change is recent, and its application by the courts is still developing.

The Process

1. Ex Parte Order

Under Tenn. Code Ann. § 36-3-605, a court may issue a temporary ex parte order of protection without the respondent present if the petitioner shows an immediate and present danger of abuse. An ex parte order remains in effect until the hearing, which is generally held within 15 days.

2. Service on the Respondent

The respondent must be personally served with the petition, notice of hearing, and any ex parte order at least five days before the hearing. If the respondent is not served in time, the hearing is continued and the ex parte order generally remains in effect.

3. The Hearing

At the hearing, the petitioner must prove the allegations by a preponderance of the evidence — a lower standard than the “beyond a reasonable doubt” standard in a criminal case, but still a standard that requires real evidence. Both sides may testify, call witnesses, and introduce documents and other exhibits.

4. Duration

A final order of protection may be entered for up to one year under Tenn. Code Ann. § 36-3-608. Upon a finding of violation, the order may be extended for up to five years; upon a second or subsequent violation, up to ten years. Under Tenn. Code Ann. § 36-3-627, victims of certain serious felony offenses may seek a lifetime order of protection against the offender.

Where These Cases Are Heard

  • General Sessions Court of Shelby County (Division XIV) — the principal forum for orders of protection in Shelby County.
  • Circuit and Chancery Courts — with concurrent jurisdiction, particularly where the order is filed in connection with divorce or custody proceedings.
  • Criminal Court of Shelby County — under Public Chapter 246 (effective July 1, 2025), Shelby County criminal courts may also hear order-of-protection petitions in conjunction with pending criminal matters.

Consequences of an Order

The consequences of an entered order of protection extend beyond the order’s own terms:

  • Federal firearm prohibition. An order that meets the criteria of 18 U.S.C. § 922(g)(8) prohibits the respondent from possessing firearms or ammunition anywhere in the United States while the order is in effect. Violating this prohibition is a federal felony.
  • State firearm surrender under Tenn. Code Ann. § 36-3-625 and related dispossession procedures.
  • Residence restrictions — the court may order the respondent to vacate a shared residence.
  • No-contact provisions covering the petitioner, children, and in some cases the petitioner’s workplace.
  • Professional and employment consequences — orders of protection appear in background checks and may affect professional licensing, employment, and immigration status.
  • Violation is a criminal offense. Under Tenn. Code Ann. § 36-3-612, a first violation of an order of protection is a Class A misdemeanor; federal law at 18 U.S.C. § 2262 criminalizes interstate violations.

Working With Brooks Law Firm

Whether you are seeking an order to protect yourself or facing one that could alter your life, the hearing itself is where the case is decided. We prepare for it the same way — gathering the relevant communications, witnesses, and records, understanding what the court will and will not consider, and presenting the case with the discipline the statute requires. Spanish-language services are available.