How To Get A Restraining Order In Tennessee

In Tennessee, a restraining order is officially called an Order of Protection or a Protective Order. It is a legal document intended to safeguard an individual's life or safety by legally prohibiting another person from engaging in specific conduct or approaching certain locations, thereby reducing the risk of harm or harassment. This order is typically available to victims of stalking, domestic violence, and sexual assault.

Orders of Protection in Tennessee are provided for by Tennessee Code §36-3-602 and handled by the General Sessions, Circuit, Chancery, and Juvenile Courts, depending on the county and nature of the case. Orders of protection are court documents that form part of the Tennessee civil court records.

Orders of Protection should not be confused with civil restraining orders, which are typically issued in civil matters, such as property disputes. The differences between both reliefs are highlighted on Blount County's FAQ page, while details about Tennessee Orders of Protection are available in the state's Order of Protection Judicial Benchcard document.

Types Of Restraining Orders in Tennessee

There are two common types of protective orders in Tennessee:

Temporary Protection Orders (TPOs)

Temporary protection orders are issued in situations requiring urgent intervention to protect a person from immediate harm, threat, or ongoing abuse. These orders are granted ex parte (without the respondent's knowledge or participation) and provide short-term protection until the court can issue an extended order, if necessary.

Extended Protection Orders (EPOs)

An extended protection order is issued following a full court hearing, during which both parties (plaintiff and defendant) present evidence supporting their respective accounts. In other words, extended protection orders are only issued when the respondent has been notified of the hearing and given a fair opportunity to defend themselves against the allegations made by the petitioner.

Are Restraining Orders Public Records In Tennessee?

Yes. Orders of protection in Tennessee are part of the public court records per the Tennessee Public Records Act (TPRA) and Supreme Court Rule 34. As a result, members of the public may access these orders through the appropriate record custodians, consistent with access to other types of court records.

However, policies exist to ensure that public access to information within an order of protection does not compromise the safety or privacy of the protected party. Accordingly, upon the victim's request, any information that could reveal their whereabouts may be treated as confidential and withheld from public disclosure. The victim can also request that their home addresses, social security digits, or other identifying information be treated as confidential.
Per Tennessee Law, a previously issued order of protection cannot be removed from public records even if it is later dismissed. On the other hand, a respondent may petition the court to have public records related to a denied order of protection removed and destroyed, provided the petition was dismissed following a hearing.

How To Look Up Restraining Orders In Tennessee

In Tennessee, public orders of protection are available through the clerk's office of the court that issued the order. Interested parties may visit the relevant clerk's office during administrative hours to request public information in these documents. Requesters are advised to verify the procedures for requesting orders of protection through the clerk's official website or by contacting the clerk's office via telephone.

Can You Look Up A Restraining Order Online?

No. In Tennessee, record custodians generally avoid posting orders of protection online to prevent exposing the protected individuals' identities. Although basic case details indicating the presence of such an order may be discoverable through online court record searches, the full order itself is rarely, if ever, made publicly accessible on the internet.

How To File A Restraining Order In Tennessee

The following are the necessary steps to file an order of protection in Tennessee:

Submitting a Petition

Eligible applicants can begin by filling out a Petition for Order of Protection. However, those in immediate danger should fill out the Ex-Parte Order of Protection form. The petition and supporting proof should be submitted to the General Sessions Court (petitions may be submitted to the Circuit, Chancery, or Juvenile Court, depending on the county and case specifics). The necessary forms are available at the court clerk's office, and all major forms pertaining to orders of protection are downloadable from the Tennessee Courts' Order of Protection Forms page.

Some courts and municipalities also offer dedicated victim services to help fill out and file the forms accurately. For example, individuals in Nashville can approach the Family Safe Center to be assigned an advocate for assistance. Petitioners are expected to provide details about the respondent, such as date of birth and home address, in the forms.

Petitions for orders of protection are made in the county where the respondent is domiciled or the county in which the alleged abusive act occurred. If the abuser does not reside in Tennessee, the petitioner should file in their county of residence.

Ex Parte Hearing

If the petitioner requests a temporary protection order, a hearing will be fixed as soon as possible, typically the same day of filing. An ex parte hearing is conducted in the respondent's absence and without their prior knowledge. If the court determines reasonable cause, it will grant a temporary protection order based on the victim's petition.

Executing Service

After a temporary order of protection is granted, the order and necessary documents will be served on the respondent to inform them about the case against them. If no temporary order of protection is granted, the respondent will still be served with the petition and notice of the upcoming hearing to allow them the opportunity to respond.

Full Court Hearing

Once service on the respondent is confirmed, the court will arrange a hearing to allow both parties to present their arguments regarding the issuance of an extended order of protection. The court holds this hearing on the petition for the order of protection regardless of whether an ex parte order was granted.

If, after weighing evidence provided by each party, the court finds that the petitioner has met the required legal standard, it will grant an extended or full protection order effective immediately. Depending on the nature of the case, protective orders may:

• Direct the respondent to refrain from the abusive acts mentioned in the petition.
• Order the respondent to stay a certain distance away from the petitioner.
• Prohibit the respondent from contacting the petitioner through any medium.
• Award temporary custody of minor children born to both parties to the petitioner.
• Direct the respondent to attend a batterers' intervention program or counseling programs targeted at helping them overcome substance abuse and related problems.

Violating an order of protection in Tennessee may result in the respondent being arrested, jailed, or fined.

Can You File A Restraining Order For No Reason In Tennessee?

No. Eligibility for an order of protection in Tennessee hinges on whether the petitioner has been a victim or is at risk of domestic violence, stalking, sexual assault, sexual exploitation of a minor, or human trafficking. Obtaining an order of protection without legitimate cause is not possible.

What Proof Do You Need For A Restraining Order In Tennessee?

A temporary protection order in Tennessee is issued based on "good cause". This means that the petition and supporting affidavit must show that the petitioner is in immediate need of protection. To show an immediate and present danger of abuse to their person, a petitioner will need to include detailed information about the respondent's history of violence, pattern of conduct, access to weapons, criminal record, history of mental illness, etc.

In contrast, the standard of proof needed to obtain an extended order of protection is "a preponderance of evidence". This means that the petitioner must prove the allegations stated in their petition by at least 51% likely. To achieve this, the petitioner will need to build a compelling case based on as much evidence as possible, which may include:

• Witness testimonies
• Communication records (emails, texts, phone call recordings, etc.)
• Medical records
• Police reports
• Photographs or videos showing injuries

How Long Does It Take To Get A Restraining Order In Tennessee?

In Tennessee, a judicial commissioner often issues a temporary protection order on the same day as the ex parte hearing. Meanwhile, an extended order of protection is granted only after the court holds and concludes a full hearing on the petition. Therefore, the time to obtain an extended order depends on whether the hearing is held and finalized on the scheduled date or postponed to a later date due to an adjournment. However, the first hearing must be scheduled within 15 days from the service of the ex parte order and other relevant documents on the respondent.

How Long Does A Restraining Order Last In Tennessee?

A temporary order of protection in Tennessee is valid for 15 days from the respondent's service or until the date scheduled for the extended order of protection hearing. On the other hand, extended orders of protection are issued for a fixed duration and may not exceed one year from the date of issuance. However, this term is renewable upon a motion filed by the petitioner or victim and certain considerations by the court.

How Much Does A Restraining Order Cost in Tennessee?

$0. Per § 36-3-517 of the Tennessee Code, victims requiring an order of protection cannot be made to bear any cost related to obtaining the order. This includes court costs, filing fees, litigation taxes, service fees, and appeal costs. If the court issues or extends an order of protection after the hearing, the respondent will handle all court costs, filing fees, litigation taxes, and attorney fees.

The court may only order the petitioner to pay costs after denying the order of protection, only if it finds that:

• The petitioner is not a victim
• The petitioner knowingly made a false allegation

Can You Cancel A Restraining Order In Tennessee?

Yes. In Tennessee, petitioners can end or modify an order of protection after undergoing the necessary legal process. The process involves filing a "Request to Cancel" form with the issuing court (counties like Blount County have an Order of Protection Office where this form can be obtained and filed). After filing the request, the court will schedule a hearing with both parties present and decide whether to grant or deny the cancellation/modification based on the facts before it.

Notably, a petitioner can end the order of protection before the hearing date by filing a Dismissal of Order of Protection Petition, not showing up in court, or not providing enough evidence to prove their case. In any of these cases, the court still makes the final decision on whether to terminate the order based on the circumstances.