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Abuse Laws
Tennessee
2001
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Tennessee
Code Unannoted
TITLE 36 DOMESTIC RELATIONS
CHAPTER 3 MARRIAGE
PART 6 DOMESTIC ABUSE
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36-3-601.
Definitions.
As
used in this part, unless the context otherwise requires:
(1)
"Domestic abuse" means inflicting or attempting to inflict physical
injury on an adult or minor by other than accidental means,
placing an adult or minor in fear of physical harm, physical
restraint, or malicious damage to the personal property of the
abused party;
(2)
"Adult" means any person eighteen (18) years of age or older,
or who is otherwise emancipated;
(3)
(A)
"Court," in counties having a population of not less than
two hundred thousand (200,000) nor more than eight hundred
thousand (800,000) according to the 1980 federal census or
any subsequent federal census, means any court of record with
jurisdiction over domestic relation matters; (B)
Notwithstanding the provisions of subdivision (A), "court,"
in counties with a metropolitan form of government with a
population of more than one hundred thousand (100,000) according
to the 1990 federal census or any subsequent federal census,
means any court of record with jurisdiction over domestic
relation matters and the general sessions court. In such county
having a metropolitan form of government, a judicial commissioner
may issue an ex parte order of protection. Nothing in this
definition may be construed to grant jurisdiction to the general
sessions court for matters relating to child custody, visitation,
or support; (C)
"Court," in all other counties, means any court of record
with jurisdiction over domestic relation matters or the general
sessions court of the county in which the petitioner resides; (D)
"Court" also includes judicial commissioners, magistrates
and other officials with the authority to issue an arrest
warrant in the absence of a judge for purposes of issuing
ex parte orders of protection when a judge of one of the courts
listed in subdivision (3)(A), (B) or (C) is not available; (E)
In counties having a population in excess of eight hundred
thousand (800,000) according to the 1990 federal census or
any subsequent federal census, "court" means any court of
record with jurisdiction over domestic relations matters or
the general sessions criminal court, of the county in which
the petitioner resides. Nothing in this definition may be
construed to grant jurisdiction to the general sessions court,
both criminal and civil, for matters relating to child custody,
visitation, or support.
(4)
[Deleted by 1997 amendment.]
(5)
"Firearm" means any weapon designed, made or adapted to expel
a projectile by the action of an explosive or any device readily
convertible to that use;
(6)
"Petitioner" means the person alleging domestic abuse in a petition
for order for protection;
(7)
"Preferred response" means law enforcement officers shall arrest
a person committing domestic abuse unless there is a clear and
compelling reason not to arrest;
(8)
"Respondent" means the person alleged to have abused another
in a petition for order for protection;
(9)
"Victim" means any person who falls within the following categories
and who a law enforcement officer has determined is not a primary
aggressor under the factors set out in § 36-3-619(c):
(A)
Adults or minors who are current or former spouses; (B)
Adults or minors who live together or who have lived together;
(C)
Adults or minors who are dating or who have dated or who have
or had a sexual relationship, [as used herein "dating" and
"dated" do not include fraternization between two (2) individuals
in a business or social context]; (D)
Adults or minors related by blood or adoption;
(E)
Adults or minors who are related or were formerly related
by marriage; or
(F)
Adult or minor children of a person in a relationship that
is described in subdivisions (9)(A)-(E); and
(10)
"Weapon" means a firearm or a device listed in § 39-17-1302(a)(1)-(7).
[Acts
1979, ch. 350, § 1; T.C.A., § 36-1201; Acts 1988,
ch. 925, §§ 1, 2; 1991, ch. 380, § 1; 1994, ch.
764, § 1; 1995, ch. 507, § 3; 1996, ch. 684, §
1; 1997, ch. 96, § 1; 1997, ch. 211, § 1; 1997, ch.
459, §§ 1, 2; 1998, ch. 887, §§ 1, 2.]
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36-3-602.
Application of part.
(a)
Any victim who has been subjected to, or threatened with or
placed in fear of, domestic abuse by an adult who falls into
one of the categories set forth in § 36-3-601(9)(A)-(F)
may seek relief under this part by filing a sworn petition alleging
such domestic abuse by the respondent.
(b)
Any petition filed by an unemancipated person under eighteen
(18) years of age shall be signed by one (1) of that person's
parents or by that person's guardian.
[Acts
1979, ch. 350, §§ 3, 16; T.C.A., § 36-1203; Acts
1987, ch. 270, § 1; 1997, ch. 211, § 2; 1997, ch.
459, § 2.]
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36-3-603.
Duration of protection order - Petition for protection order
in divorce action.
(a)
If an order of protection is ordered by a court and either the
petitioner or respondent files a complaint for divorce, the
order of protection shall remain in effect until the court in
which the divorce action lies modifies or dissolves the order.
(b)
Nothing in this section shall prohibit a petitioner from requesting
relief under this section in a divorce action.
[Acts
1979, ch. 350, § 2; T.C.A., § 36-1202; Acts 1986,
ch. 715, § 1.]
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36-3-604.
Forms.
(a) The office of the clerk of court shall provide forms which
may be necessary to seek a protection order under this part.
These forms shall be limited to use in causes filed under this
part and they shall be made available to all who request assistance
in filing a petition. The petitioner is not limited to the use
of these forms and may present to the court any legally sufficient
petition in whatever form. The office of the clerk shall also
assist a person who is not represented by counsel by filling
in the name of the court on the petition, by indicating where
the petitioner's name shall be filled in, by reading through
the petition form with the petitioner, and by rendering any
other such assistance as is necessary for the filing of the
petition. All such petitions which are filed pro se shall be
liberally construed in favor of the petitioner.
(b)
The office of the clerk shall make available the following blank
forms and/or such other forms as may be ordered by the court:
(1) IN THE _____________ COURT OF ____________________________
COUNTY, TENNESSEE
____________________________________, )
PETITIONER,
)
VS.
) NO. _____________
____________________________________, )
RESPONDENT.
PETITION
FOR ORDERS OF PROTECTION Petitioner, ______________________________________, pursuant
to Tennessee
Code Annotated, chapter 3, part 6 of this title, states:
1.
Petitioner is a resident of ________ County, Tennessee. Respondent
is a
resident of _________________________________ County, Tennessee,
and lives at
____________________________________________________________________________.
The incident which gives rise to this petition occurred in
_________ County,
Tennessee.
2.
Petitioner is an adult or minor and respondent is an adult:
A.
Who are current or former spouses; or B.
Who live together or who have lived together; or
C.
Who are dating or who have dated or who have or had a sexual
relationship, [as used herein "dating" and "dated" do not
include fraternization between two (2) individuals in a
business or social context]; or D.
Who are related by blood or adoption; or
E.
Who are related or were formerly related by marriage; or
F. Who are adult or minor children of a person in a relationship
that is described in subitems (A) through (E) above.
3.
The parties have ________ minor child(ren); (Write name and
age of each child on the following blank lines.)
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________ 4.
Respondent has abused and/or threatened to abuse petitioner,
or has placed petitioner in fear of physical harm. Specifically,
respondent has: (Write what happened, when it happened, and
where it happened on the following lines.)
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
5.
Petitioner is in an immediate and present danger of abuse
by respondent.
(For
paragraphs 6 through 8, check only if the particular paragraph
is applicable.)
_
6. Petitioner needs support for the parties' minor child(ren).
_
7. Petitioner needs support for the petitioner.
_
8. Respondent refuses to leave from the parties' residence.
(If you check paragraph 8, please check one (1) of the following.)
____
A. Respondent is the sole ________________________ of the
parties' residence. (owner or lessee) ____
B. Respondent is not the sole owner or lessee of the parties'
residence.
WHEREFORE,
PETITIONER PRAYS: 1.
That an ex parte order of protection, as provided for in Tennessee
Code Annotated, § 36-3-605, be immediately issued enjoining
respondent from abusing or threatening abuse of the petitioner
and that copies of the order be served upon the respondent
and filed with the _____________ county sheriff; 2.
That a hearing in this cause be set for within fifteen (15)
days pursuant to Tennessee Code Annotated, § 36-3-605,
and that notice of the hearing be served upon respondent together
with the order of protection; 3.
That upon the hearing of this cause, petitioner be granted
an extended order of protection for a period of one hundred
twenty (120) days;
(For
paragraphs 4 through 7, check only if the particular paragraph
is applicable.)
_ 4. That upon the hearing of this cause, petitioner be awarded
temporary custody of the parties' minor child(ren);
_
5. That upon the hearing of this cause, respondent be ordered
to pay reasonable support for petitioner;
_
6. That upon the hearing of this cause, respondent be ordered
to pay reasonable support for the parties' child(ren);
_ 7. That upon the hearing of this cause, exclusive possession
of the parties' residence be awarded to petitioner, or that
respondent be ordered to provide alternate housing for petitioner;
_
8. That respondent pay the costs and litigation tax of this
cause;
_
9. For general relief. ________________________________
PETITIONER
THIS IS THE FIRST APPLICATION FOR EXTRAORDINARY PROCESS IN
THIS CAUSE.
STATE
OF TENNESSEE COUNTY OF __________________ ______________________________________,
being first duly sworn, makes oath that the petitioner has
read the foregoing petition, knows the contents thereof, and
that the same is true and correct to the best of the petitioner's
knowledge, information and belief.
________________________________
PETITIONER
Sworn
to and subscribed before me this ________ day of ____________,
20 ___. ________________________________________________
NOTARY PUBLIC OR CLERK My commission expires: __________________
(2)
IN
THE ____________ COURT OF ____________ COUNTY, TENNESSEE
____________________________________,
PETITIONER,
)
VS.
) NO. _____________
____________________________________, )
RESPONDENT. )
EX
PARTE ORDER OF PROTECTION
TO
THE RESPONDENT, ____________________________ :
It appears to the court from the sworn petition for an order
of protection, that such an order should issue pursuant to
Tennessee Code Annotated, title 36, chapter 3, part 6.
IT
IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED:
1.
That respondent, ____________________________, is restrained
and prohibited from abusing, threatening to abuse, or committing
acts of violence upon petitioner;
2.
That if respondent violates this order, the respondent may
be held in contempt of court and punished by incarceration
in the ____________________________ County jail.
3.
That a hearing on this matter will be held on the _____________
day of ________, 20____, at ____________, in the ____________________________
Court of ______________________________ County, Tennessee;
and that respondent has a right to secure counsel to represent
the respondent at the hearing.
4.
That, pursuant to Tennessee Code Annotated, § 36-3-609,
a copy of this Order be issued to all local law enforcement
agencies in ________________________ County. 5.
That, pursuant to Tennessee Code Annotated, § 36-3-611,
respondent may be arrested by a law enforcement officer without
a warrant if that officer has reasonable cause to believe
that respondent has violated or is violating this order;
ENTERED
this ____________ day of ______________, 20____. ____________________________
JUDGE
OFFICER'S
RETURN
Served
on respondent by personally reading the notice to respondent
and
by leaving a copy of the notice with respondent on the ________
day of _____,
20____, __________.m. ________________________________________________
SHERIFF-DEPUTY
SHERIFF
(3) IN THE ______________ COURT OF ______________ COUNTY, TENNESSEE
____________________________________, )
PETITIONER, )
VS. )
NO. _____________
____________________________________, )
RESPONDENT.
)
NOTICE
TO
THE RESPONDENT, ____________________________________ :
Notice is hereby given to you, ____________________________________,
that
the petitioner shall appear before the Honorable ____________________________
__________, ____________________________________ of the ____________________
________________ Court for ____________________________________
County, Tennessee, on the ____________ day of ______________,
20________, requesting the court to extend the ex parte order
of protection previously entered in this cause, and to award
the relief prayed for in the petition for orders of protection.
The hearing is to be held at ________________.m. and you may
be represented by counsel if you so choose.
IF
YOU WANT TO TELL YOUR SIDE TO THE JUDGE, YOU MUST BE AT THE
HEARING ON ____________________________________, 20________.
IF
YOU DO NOT COME TO THE HEARING, THE JUDGE WILL DECIDE BASED
ONLY ON YOUR SPOUSE'S TESTIMONY. ____________________________
CLERK
Served
on respondent by personally reading the notice to the respondent
and by leaving a copy of the notice with the respondent on
the _____________ day of ________, 20______, ____________.m.
____________________________________
DEPUTY SHERIFF
(4) IN THE ____________________________________ COURT OF ________________________
COUNTY, TENNESSEE
____________________________________,
)
PETITIONER, )
VS. )
NO. _____________
____________________________________, )
RESPONDENT. ) ORDER OF PROTECTION This cause came on to be heard upon petitioner's petition
for orders of protection on the _____________ day of ______________________________,
20____, upon notice duly served on the respondent and upon
statements made in open court. From the entire record herein,
the court finds that the petitioner has proved the allegations
of domestic abuse by a preponderance of the evidence.
IT IS, THEREFORE, ORDERED that the respondent is enjoined
from coming about petitioner for any purpose and specifically
from abusing, threatening to abuse petitioner, or committing
any acts of violence upon petitioner upon penalty of contempt.
IT
IS FURTHER ORDERED AS FOLLOWS:
1.
That, if respondent violates this order, the respondent may
be held in contempt of court and punished by incarceration
in the ____________________________ County jail.
2.
That, pursuant to Tennessee Code Annotated, § 36-3-609,
a copy of this order be issued to all local law enforcement
agencies in ______________________________________ County. 3.
That, pursuant to Tennessee Code Annotated, § 36-3-611,
respondent may be arrested by a law enforcement officer without
a warrant if that officer has reasonable cause to believe
that respondent has violated or is violating this order.
IT
IS ORDERED AS FOLLOWS:
(X
where applicable) ________ The petitioner is awarded custody
of the parties' minor child(ren),
_____________________________________________________________________________
___________________________________________________________________________.
________ Respondent shall pay $ ____________ per ____________
for the support of the parties' minor child(ren), the payments
to be made to the clerk's office, together with the clerk's
fee of five percent (5%) ($ ), for the total payment each
________ of $ ________; ________ Respondent shall pay $ ____________
per ____________ for the support of petitioner, the payments
to be made to the clerk's office, together with the clerk's
fee of five percent (5%) ($ ), for a total payment each ________
of $ ______________; ________ Petitioner is awarded exclusive
possession of the parties' residence located at ____________________________________,
and respondent is evicted therefrom; ________ Respondent shall
provide suitable alternative housing for petitioner by the
______ day of ____________, 20 ____.
IT
IS FURTHER ORDERED, that respondent shall pay the costs and
litigation tax of this cause.
IT
IS FURTHER ORDERED, that this order shall remain in effect
for a period of one hundred twenty (120) days, and petitioner,
upon notice to respondent, may request a continuation of this
order.
IT
IS FURTHER ORDERED that the home and work addresses and telephone
numbers, social security number and any other information
requested to be held confidential which could reasonably be
used to locate the whereabouts of the petitioner shall be
maintained as confidential by the records custodian of a utility
service provider under the provisions of § 10-7-504(a)(15),
and may be maintained as confidential by the records custodian
of a governmental entity under the provisions of § 10-7-504(a)(16),
upon a copy of this Order of Protection being provided to
the records custodian of the utility service provider or governmental
entity maintaining the particular records sought to be held
confidential.
ENTERED
THIS ________ day of ______________, 20 ______.
____________________________
JUDGE
CERTIFICATE
Served
on the respondent, a resident of Tennessee, by personally
reading the order to the respondent and by leaving a copy
of the order with the respondent, on the ________ day of ________
, 20________ , ________ m.
OR,
ALTERNATIVELY:
Served
on the respondent, a non-resident of Tennessee, by mail in
the manner as set forth in §§ 20-2-215 and 20-2-216,
on the ________ day of ________ , 20________ , ________ m.
(c)
In counties having a population of more than seven hundred thousand
(700,000), according to the 1990 federal census or any subsequent
federal census, the fees authorized for the clerk in subsection
(b) shall be ten percent (10%).
[Acts
1979, ch. 350, § 4; 1982, ch. 935, § 1; T.C.A., §
36-1204; Acts 1987, ch. 270, §§ 2-5; 1995, ch. 410,
§ 2; 1995, ch. 456, § 6; 1996, ch. 684, § 5;
1997, ch. 211, § 3; 1998, ch. 715, § 1; 1999, ch.
344, § 3; 2000, ch. 638, § 2.]
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36-3-605.
Protection order - Extension - Hearing.
(a)
Upon the filing of a petition under this part, the courts may
immediately, for good cause shown, issue an ex parte order of
protection. An immediate and present danger of domestic abuse
to the petitioner shall constitute good cause for purposes of
this section.
(b)
Within fifteen (15) days of service of such order on the respondent
under this part, a hearing shall be held, at which time the
court shall either dissolve any ex parte order which has been
issued, or shall, if the petitioner has proved the allegation
of domestic abuse by a preponderance of the evidence, extend
the order of protection for a definite period of time, not to
exceed one (1) year unless a further hearing on the continuation
of such order is requested by the respondent or the complainant
in which case, on proper showing of cause, such order may be
continued for a further definite period of one (1) year after
which time a further hearing must be held for any subsequent
one-year period. Any ex parte order of protection shall be in
effect until the time of the hearing. If no ex parte order of
protection has been issued as of the time of the hearing, and
the petitioner has proven the allegation of domestic abuse by
a preponderance of the evidence, the court may, at that time,
issue an order of protection for a definite period of time,
not to exceed one (1) year.
(c)
The court shall cause a copy of the petition and notice of the
date set for the hearing on such petition, as well as a copy
of any ex parte order of protection, to be served upon the respondent
at least five (5) days prior to such hearing. Such notice shall
advise the respondent that the respondent may be represented
by counsel.
(d)
[Transferred by 1997 amendment.]
[Acts
1979, ch. 350, § 5; T.C.A., § 36-1205; Acts 1987,
ch. 270, § 6; 1997, ch. 459, §§ 2, 4, 5; 1998,
ch. 715, § 2.]
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36-3-606.
Scope of protection order.
(a)
A protection order granted under this part to protect the petitioner
from domestic abuse may include, but is not limited to:
(1)
Directing the respondent to refrain from committing domestic
abuse or threatening to commit domestic abuse against the
petitioner or the petitioner's minor children; (2)
Prohibiting the respondent from telephoning, contacting, or
otherwise communicating with the petitioner, directly or indirectly;
(3)
Prohibiting the respondent from stalking the petitioner, as
defined in § 39-17-315; (4)
Granting to the petitioner possession of the residence or
household to the exclusion of the respondent by evicting the
respondent, by restoring possession to the petitioner, or
by both;
(5)
Directing the respondent to provide suitable alternate housing
for the petitioner when the respondent is the sole owner or
lessee of the residence or household;
(6)
Awarding temporary custody of, or establishing temporary visitation
rights with regard to, any minor children born to or adopted
by the parties;
(7)
Awarding financial support to the petitioner and such persons
as the respondent has a duty to support. Except in cases of
paternity, the court shall not have the authority to order
financial support unless the petitioner and respondent are
legally married. Such order may be enforced pursuant to chapter
5 of this title; or
(8)
Directing the respondent to attend available counseling programs
that address violence and control issues or substance abuse
problems. A violation of a protection order or part of such
order that directs counseling pursuant to this subpart may
be punished as criminal or civil contempt. The provisions
of § 36-3-610(a) apply with respect to a non-lawyer general
sessions judge who holds a person in criminal contempt for
violating this subpart.
(b)
Relief granted pursuant to subdivisions (a)(4)-(8) shall be
ordered only after the petitioner and respondent have been given
an opportunity to be heard by the court.
(c)
Any order of protection issued under this part shall include
the statement of the maximum penalty which may be imposed pursuant
to § 36-3-610 for violating such order.
(d)
No order of protection made under this part shall in any manner
affect title to any real property.
(e)
If the petitioner is a family or household member as defined
in § 36-3-601(4)(D) or (E), the provisions of subdivisions
(a)(4) and (5) shall not apply to such petitioner.
(f)
An order of protection issued pursuant to this part shall be
valid and enforceable in any county of this state.
[Acts
1979, ch. 350, §§ 6-8; T.C.A., §§ 36-1206
- 36-1208; Acts 1987, ch. 270, §§ 7, 12; 1991, ch.
380, § 4; 1995, ch. 507, § 4; 1996, ch. 684, §
2; 1996, ch. 734, § 1, 2; 1997, ch. 459, §§ 2,
3.]
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36-3-607.
Bond not required.
The
court shall not require the execution of a bond by the petitioner
to issue any order of protection under this part.
[Acts
1979, ch. 350, § 9; T.C.A., § 36-1209.]
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36-3-608.
Duration of protection order - Modification.
(a)
All orders of protection shall be effective for a fixed period
of time, not to exceed one (1) year.
(b)
The court may modify its order at any time upon subsequent motion
filed by either party together with an affidavit showing a change
in circumstances sufficient to warrant the modification.
[Acts
1979, ch. 350, § 10; T.C.A., § 36-1210.]
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36-3-609.
Copies of protection order to be issued.
A
copy of any order of protection and any subsequent modifications
or dismissal shall be issued to the petitioner, the respondent,
and the local law enforcement agencies having jurisdiction in
the area where the petitioner resides. The court issuing the
order of protection or dismissal shall deliver such order or
dismissal or a copy thereof to the county sheriff's office or
other law enforcement agency that processes orders of protection
on a daily basis. If the respondent is a resident of Tennessee,
then the officer serving the order of protection shall read
the order to the respondent; however, if the respondent is not
a resident of Tennessee, then the order of protection shall
be served upon the respondent by mail in the manner as set forth
in §§ 20-2-215 and 20-2-216. Upon receipt of the copy
of the order of protection or dismissal from the issuing court
or clerk's office, the local law enforcement agency shall immediately
enter such order or dismissal in the Tennessee crime information
system and take any necessary action to immediately transmit
it to the national crime information center.
[Acts
1979, ch. 350, § 11; T.C.A., § 36-1211; Acts 1987,
ch. 270, § 8; 1993, ch. 484, § 2; 2000, ch. 638, §
1; 2000, ch. 781, § 1.]
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36-3-610.
Violation of order or consent agreement - Civil or criminal
contempt - Financial penalty.
(a)
Upon violation of the order of protection or a court-approved
consent agreement, the court may hold the defendant in civil
or criminal contempt and punish the defendant in accordance
with the law. A judge of the general sessions court shall have
the same power as a court of record to punish the defendant
for contempt when exercising jurisdiction pursuant to this part
or when exercising concurrent jurisdiction with a court of record.
A judge of the general sessions court who is not a licensed
attorney shall appoint an attorney referee to hear charges of
criminal contempt.
(b)
In addition to the authorized punishments for contempt of court,
the judge may assess any person who violates an order of protection
or a court-approved consent agreement a civil penalty of fifty
dollars ($50.00). The judge may further order that any support
payment made pursuant to an order of protection or a court approved
consent agreement be made under an income assignment to the
clerk of court.
(c)
Upon collecting the civil penalty imposed by subsection (b),
the clerk shall, on a monthly basis, send the money to the state
treasurer who shall deposit it in the domestic violence community
education fund created by § 36-3-616.
[Acts 1979, ch. 350, § 12; T.C.A., § 36-1212; Acts
1989, ch. 297, § 1; 1994, ch. 858, § 1; 1995, ch.
127, § 1.]
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36-3-611.
Arrest for violation of protection order.
(a) An arrest for violation of an order of protection issued
pursuant to this part may be with or without warrant. Any law
enforcement officer shall arrest the respondent without a warrant
if:
(1)
The officer has proper jurisdiction over the area in which
the violation occurred; (2)
The officer has reasonable cause to believe the respondent
has violated or is in violation of an order for protection;
and
(3)
The officer has verified whether an order of protection is
in effect against the respondent. If necessary, the police
officer may verify the existence of an order for protection
by telephone or radio communication with the appropriate law
enforcement department.
(b)
No ex parte order of protection can be enforced by arrest under
this section until the respondent has been served with the order
of protection or otherwise has acquired actual knowledge of
such order.
[Acts
1979, ch. 350, § 13; T.C.A., § 36-1213; Acts 1987,
ch. 270, §§ 9, 10.]
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36-3-612.
Violation of protection order - Contempt - Hearing - Bond -
Notice to protected party.
(a)
A person arrested pursuant to this part shall be taken before
a magistrate or the court having jurisdiction in the cause without
unnecessary delay to answer a charge of contempt for violation
of the order of protection, and the court shall:
(1)
Notify the clerk of the court having jurisdiction in the cause
to set a time certain for a hearing on the alleged violation
of the order of protection within ten (10) working days after
arrest, unless extended by the court on the motion of the
arrested person; (2)
Set a reasonable bond pending the hearing on the alleged violation
of the order of protection; and
(3)
Notify the person who has procured the order of protection
and direct the party to show cause why a contempt order should
issue.
(b)
Either the court that originally issued the order of protection
or a court having jurisdiction over orders of protection in
the county where the alleged violation of the order occurred
shall have the authority and jurisdiction to conduct the contempt
hearing required by subsection (a). If the court conducting
the contempt hearing is not the same court that originally issued
the order of protection, the court conducting the hearing shall
have the same authority to punish a violation of the order of
protection as the court originally issuing such order.
[Acts 1979, ch. 350, § 14; T.C.A., § 36-1214; Acts
1987, ch. 270, § 11; 1999, ch. 482, § 1.]
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36-3-613.
Leaving residence or use of necessary force - Right to relief
unaffected.
(a)
The petitioner's right to relief under this part is not affected
by petitioner's leaving the residence or household to avoid
domestic abuse.
(b)
The petitioner's right to relief under this part is not affected
by use of such physical force against the respondent as is reasonably
believed to be necessary to defend the petitioner or another
from imminent physical injury or domestic abuse.
[Acts
1979, ch. 350, § 15; T.C.A., § 36-1215; Acts 1997,
ch. 459, § 2.]
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36-3-614.
Failure to contest paternity - Paternity tests and comparisons.
(a)
Failure of a respondent to contest paternity in any proceeding
commenced pursuant to this part shall not be construed as an
admission of paternity by such respondent, nor shall such failure
to contest be admissible as evidence against the respondent
at any pending or subsequent paternity proceeding.
(b) Where paternity is contested in a proceeding commenced pursuant
to this part, if the court orders the parties to submit to any
tests and comparisons to determine parentage authorized by §
24-7-112, the court may grant an order of protection pending
the outcome of any such tests and comparisons.
[Acts
1991, ch. 380, § 2.]
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36-3-615.
Notification to victim that family or household member arrested
for assault may be released on bond.
(a)
After an adult, who falls into one (1) of the categories set
forth in § 36-3-601(9)(A)-(F), has been arrested for assault
pursuant to § 39-13-101, or aggravated assault pursuant
to § 39-13-102 against a victim as defined in this part,
the arresting officer shall inform the victim that the person
arrested may be eligible to post bond for the offense and be
released until the date of trial for the offense.
(b)
Subsection (a) is solely intended to be a notification provision,
and no cause of action is intended to be created thereby.
[Acts
1993, ch. 436, §§ 1, 2; 1997, ch. 211, § 4.]
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36-3-616.
Domestic violence community education fund.
(a)
There is hereby established a general fund reserve to be allocated
through the general appropriations act, which shall be known
as the domestic violence community education fund. Moneys from
the fund shall be expended to fund activities authorized by
this section. Any revenues deposited in this reserve shall remain
in the reserve until expended for purposes consistent with this
section, and shall not revert to the general fund on any June
30. Any excess revenues or interest earned by such revenues
shall not revert on any June 30, but shall remain available
for appropriation in subsequent fiscal years. Any appropriation
from such reserve shall not revert to the general fund on any
June 30, but shall remain available for expenditure in subsequent
fiscal years.
(b)
The general assembly shall appropriate, through the general
appropriations act, moneys from the domestic violence community
education fund to the department of human services. Such appropriations
shall be specifically earmarked for the purposes set out in
this section.
(c)
All moneys appropriated from the domestic violence community
education fund shall be used exclusively by the department to
provide grants to the Tennessee task force against domestic
violence. The commissioner of human services shall promulgate
rules and regulations in accordance with the Uniform Administrative
Procedures Act, compiled in title 4, chapter 5, for the distribution
and use of the grant funds provided by it. Such grants shall
be for the purpose of providing education, training and technical
assistance to communities on domestic violence.
[Acts 1994, ch. 858, § 2.]
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36-3-617.
Protection order - Filing costs and assistance.
Notwithstanding
any other provision of law to the contrary, the petitioner shall
not be required to pay any filing fees, litigation taxes or
any other costs associated with the filing, issuance or enforcement
of an order of protection authorized by this part upon the filing
of the petition. The judge shall assess court costs and litigation
taxes at the hearing of the petition or upon dismissal of the
petition. If the court, after the hearing, issues or extends
an order of protection, petitioner's court costs and attorney
fees shall be assessed against the respondent. The clerk of
the court may provide order of protection petition forms to
agencies that provide domestic violence assistance. Any agency
that meets with a victim in person and recommends that an order
of protection be sought shall assist the victim in the completion
of the form petition for filing with the clerk. No agency shall
be required to provide this assistance unless it has been provided
with the appropriate forms by the clerk.
[Acts
1995, ch. 410, § 3; 1997, ch. 459, § 4.]
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36-3-618.
Purpose - Legislative intent.
The
purpose of this part is to recognize the seriousness of domestic
abuse as a crime and to assure that the law provides a victim
of domestic abuse with enhanced protection from domestic abuse.
A further purpose of this chapter is to recognize that in the
past law enforcement agencies have treated domestic abuse crimes
differently than crimes resulting in the same harm but occurring
between strangers. Thus, the general assembly intends that the
official response to domestic abuse shall stress enforcing the
laws to protect the victim and prevent further harm to the victim,
and the official response shall communicate the attitude that
violent behavior is not excused or tolerated.
[Acts
1995, ch. 507, § 2.]
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36-3-619.
Officer response - Primary aggressor - Factors - Reports - Notice
to victim of legal rights.
(a)
If a law enforcement officer has probable cause to believe that
a person has committed a crime involving domestic abuse, whether
the crime is a misdemeanor or felony, or was committed within
or without the presence of the officer, the preferred response
of the officer is arrest.
(b)
If a law enforcement officer has probable cause to believe that
two (2) or more persons committed a misdemeanor or felony, or
if two (2) or more persons make complaints to the officer, the
officer shall try to determine who was the primary aggressor.
Arrest is the preferred response only with respect to the primary
aggressor. The officer shall presume that arrest is not the
appropriate response for the person or persons who were not
the primary aggressor. If the officer believes that all parties
are equally responsible, the officer shall exercise such officer's
best judgment in determining whether to arrest all, any or none
of the parties.
(c)
To determine who is the primary aggressor, the officer shall
consider:
(1)
The history of domestic abuse between the parties; (2)
The relative severity of the injuries inflicted on each person;
(3)
Evidence from the persons involved in the domestic abuse;
(4)
The likelihood of future injury to each person;
(5)
Whether one (1) of the persons acted in self-defense; and
(6)
Evidence from witnesses of the domestic abuse.
(d)
A law enforcement officer shall not:
(1)
Threaten, suggest, or otherwise indicate the possible arrest
of all parties to discourage future requests for intervention
by law enforcement personnel; or (2)
Base the decision of whether to arrest on:
(A)
The consent or request of the victim; or (B)
The officer's perception of the willingness of the victim
or of a witness to the domesticabuse to testify or participate
in a judicial proceeding.
(e)
When a law enforcement officer investigates an allegation that
domestic abuse occurred, the officer shall make a complete report
and file the report with the officer's supervisor in a manner
that will permit data on domestic abuse cases to be compiled.
If a law enforcement officer decides not to make an arrest or
decides to arrest two (2) or more parties, the officer shall
include in the report the grounds for not arresting anyone or
for arresting two (2) or more parties.
(f)
Every month, the officer's supervisor shall forward the compiled
data on domestic abuse cases to the administrative director
of the courts.
(g)
When a law enforcement officer responds to a domestic abuse
call, the officer shall:
(1)
Offer to transport the victim to a place of safety, such as
a shelter or similar location or the residence of a friend
or relative, unless it is impracticable for the officer to
transport the victim, in which case the officer shall offer
to arrange for transportation as soon as practicable; (2)
Advise the victim of a shelter or other service in the community;
and
(3)
Give the victim notice of the legal rights available by giving
the victim a copy of the following statement:
IF
YOU ARE THE VICTIM OF DOMESTIC ABUSE, you have the following
rights: 1. You may file a criminal complaint with the district
attorney general (D.A.). 2. You may request a protection order.
A protection order may include the following: (A) An order
preventing the abuser from committing further domestic abuse
against you; (B) An order requiring the abuser to leave your
household; (C) An order preventing the abuser from harassing
you or contacting you for any reason; (D) An order giving
you or the other parent custody of or visitation with your
minor child or children; (E) An order requiring the abuser
to pay money to support you and the minor children if the
abuser has a legal obligation to do so; and (F) An order preventing
the abuser from stalking you. The area crisis line is ___________________________________________________
The following domestic abuse shelter/programs are available
to you: _______________________________________________________________________
______________________________________________________________________
(4)
Offer to transport the victim to the location where arrest warrants
are issued in that city or county and assist the victim in obtaining
an arrest warrant against the alleged abuser.
[Acts 1995, ch. 507, § 5; 1996, ch. 684, §§ 3,
4.]
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36-3-620.
Seizure of weapons in possession of alleged domestic abuser.
(a)
(1)
If a law enforcement officer has probable cause to believe
that a criminal offense involving domestic abuse against a
victim, as defined in § 36-3-601, has occurred, the officer
shall seize all weapons that are alleged to have been used
by the abuser or threatened to be used by the abuser in the
commission of a crime. (2)
Incident to an arrest for a crime involving domestic abuse
against a victim, as defined in § 36-3-601, a law enforcement
officer may seize a weapon that is in plain view of the officer
or discovered pursuant to a consensual search, if necessary
for the protection of the officer or other persons; provided,
that a law enforcement officer is not required to remove a
weapon such officer believes is needed by the victim for self
defense.
(b)
The provisions of § 39-17-1317, relative to the disposition
of confiscated weapons, shall govern all weapons seized pursuant
to this section that were used or threatened to be used by the
abuser to commit the crime; provided, that if multiple weapons
are seized, the court shall have the authority to confiscate
only the weapon or weapons actually used or threatened to be
used by the abuser to commit the crime. All other weapons seized
shall be returned upon disposition of the case. Also, the officer
shall append an inventory of all seized weapons to the domestic
abuse report that the officer files with the officer's supervisor
pursuant to § 36-3-619(e).
(c)
The officer's supervisor shall include the appended information
on seized weapons in the compilation of data that the officer's
supervisor forwards to the administrative director of the court
pursuant to § 36-3-619(f).
[Acts 1995, ch. 507, § 6; 1997, ch. 211, § 5; 1997,
ch. 459, § 2.]
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36-3-621.
Reporting, by health care practitioners, injuries indicating
domestic violence or domestic abuse.
(a)
The general assembly finds that the incidence of domestic abuse
and battering is on the rise in Tennessee and that measures
should be taken to statistically document these incidents so
that further study can be undertaken, and reasonable proposals
to end the violence be put forth and considered in a rational
and deliberate manner. The general assembly further finds that
such statistics can be compiled only if health care practitioners
are encouraged to report instances of domestic abuse when they
examine abused patients. Such voluntary reporting will most
likely occur if the law protects both the practitioner's duty
to maintain confidentiality, with full civil immunity, and the
patient from the types of violence, including acts of revenge,
that may result when the batterer is reported. Such reporting
system must be administered in a manner that ensures that abused
patients are encouraged to seek adequate medical care for their
physical and emotional injuries which result from acts of domestic
abuse. The general assembly further finds that neither the law
enforcement officials statewide, nor the courts, are adequately
trained, or equipped by law, to fully address, or reduce, the
incidence of domestic abuse and domestic violence.
(b)
Any health care practitioner licensed or certified under title
63, who knows, or has reasonable cause to suspect, that a patient's
injuries, whether or not such injuries cause a patient's death,
are the result of domestic violence or domestic abuse, is encouraged
to report to the department of health, office of health statistics,
on a monthly basis. The report shall not disclose the name or
identity of the patient, but should include the nature and extent
of the patient's injuries, the substance in summary fashion
of any statements made by the patient, including comments concerning
past domestic abuse with the patient's current spouse or previous
partner(s), that would reasonably give rise to suspicion of
domestic abuse. The practitioner shall include any other information
upon which the suspicion of domestic abuse is based.
(c)
If a patient is treated by more than one (1) health practitioner,
it is the duty of the supervising practitioner of the unit or
department providing treatment, or of any other health practitioner
designated by the unit or department, to ensure that the reports
are made on a timely basis and that duplicate reports of the
incident are not made. In the event that the patient is referred
to another health practitioner for treatment, the report shall
be made only by the referring practitioner so that duplicate
reports are not made.
(d)
Any person making any report pursuant to this part, including
an employee or agent of a health care practitioner licensed
under title 63 in the reasonable performance of such person's
duties and within the scope of their authority, shall be presumed
to be acting in good faith and shall thereby be immune from
any liability, civil or criminal, that might otherwise be incurred
or imposed including administrative actions for licensure revocation.
Any person alleging lack of good faith has the burden of proving
bad faith. Such reporter shall have the same immunity with respect
to participation in any judicial proceeding resulting from such
report, or in any judicial or administrative proceeding in which
the information so reported is subpoenaed, examined, or considered.
(e)
(1)
The identity of a person who reports domestic abuse, neglect,
or exploitation, and the information so reported, as contemplated
under this section are confidential and privileged and may
not be revealed unless a court with jurisdiction under this
part so orders for good cause shown. (2)
Except as otherwise provided in this section, it is unlawful
for any person, except for purposes directly connected with
the administration of this part, to disclose, receive, make
use of, authorize or knowingly permit, participate, or acquiesce
in the use of any list or the name of, or any information
concerning, a practitioner participating in the voluntary
reporting system.
(3)
Nothing herein shall be construed to limit the duty of any
person or entity to make any required report or to cooperate
in any manner required by the provisions of the Tennessee
Adult Protection Act, compiled in title 71, chapter 6, part
1.
(4)
A violation of this subsection is a Class B misdemeanor.
(f)
On a form to be created jointly by the Tennessee task force
against domestic violence and the Tennessee Medical Association,
in consultation with the department of health, each health care
practitioner should file a summary report on a monthly basis,
of the incidents of domestic abuse, to the department of health,
office of health statistics. The office of health statistics
shall compile such statistics in a meaningful fashion, in consultation
with the Tennessee task force against domestic violence, and
by presenting the information for each of the twelve (12) community
health agencies statewide. At the end of each calendar year,
the office of health statistics shall file a report of the incidence
of domestic abuse with the speakers of both houses, the Tennessee
task force against domestic violence, and the Tennessee Medical
Association.
[Acts
1996, ch. 835, § 1; 1997, ch. 459, § 2.]
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36-3-622.
Out-of-state protection orders.
(a)
Any valid protection order related to abuse, domestic abuse,
or domestic or family violence, issued by a court of another
state, tribe or territory shall be afforded full faith and credit
by the courts of this state and enforced as if it were issued
in this state.
(b)
(1)
A protection order issued by a state, tribal or territorial
court related to abuse, domestic abuse or domestic or family
violence shall be deemed valid if the issuing court has jurisdiction
over the parties and matter under the law of the issuing state,
tribe or territory. There shall be a presumption in favor
of validity where an order appears authentic on its face. (2)
For a foreign protection order to be valid in this state,
the respondent must have been given reasonable notice and
the opportunity to be heard before the order of the foreign
state, tribe or territory was issued; provided, that in the
case of ex parte orders, notice and opportunity to be heard
must have been given as soon as possible after the order was
issued, consistent with due process.
(3)
Failure to provide reasonable notice and the opportunity to
be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign protection
order.
(c)
A petitioner may present a certified copy of a foreign order
of protection to a court having jurisdiction of orders of protection
in the county in which the petitioner believes enforcement may
be necessary. The clerk of such court shall receive the certified
copies of any foreign order of protection and any supporting
documents used to show the validity of such order and shall
maintain such orders, along with any submitted documents. No
costs, fees or taxes shall be charged by the clerks for this
service. If an enforcement action is instituted in the court
pursuant to any such order, the clerk shall file the order and
shall otherwise treat the enforcement action as a case, except
that all court costs, fees and litigation taxes shall be taxed
by the judge at the adjudication of the enforcement action.
It shall be a defense to any action taken for the enforcement
of such order that the order is not valid as provided in subsection
(b) or (d). No person shall present a foreign order of protection
to a clerk which the person knows to no longer be in effect.
A foreign order of protection shall continue in effect for the
period of time specified in the order, and, if no time limitation
is so specified, then the order shall continue in effect for
a period of one (1) year from the date on which it is first
presented to a Tennessee court pursuant to subsection (c); provided,
that a continuation of any such order may be granted by the
court subject to the requirements set forth in § 36-3-605.
(d)
A protection order entered against both the petitioner and respondent
shall not be enforceable against the petitioner in a foreign
jurisdiction unless:
(1)
The respondent filed a cross- or counter-petition, or a complaint
or other written pleading was filed seeking such a protection
order; and (2)
The issuing court made specific findings of domestic or family
violence against the petitioner.
(e)
The clerk shall be under no obligation to make a determination
as to the validity of such orders or documentation but shall
forward a copy of the foreign protection order and any supporting
documentation filed with the order to the local police or sheriff's
office which shall enter foreign orders of protection in the
Tennessee criminal information system as provided for in §
36-3-609.
(f)
The state of Tennessee orders of protection file (the Tennessee
criminal information system) shall be available at all times
to inform courts, dispatchers and law enforcement officers of
any protection order issued within this state or filed as a
foreign order for purpose of enforcement in this state.
(g)
Upon request the clerk shall provide a copy of the order to
the person offering the same showing proof of receipt by the
clerk's office.
(h)
Filing and entry of the foreign order in the Tennessee criminal
information system shall not be prerequisites for enforcement
of the foreign protection order.
(i)
Regardless of whether a foreign order of protection has been
filed in this state pursuant to this section, a law enforcement
officer may rely upon a copy of any such protection order which
has been provided to the officer by any source and may also
rely upon the statement of any person protected by a foreign
order that the order remains in effect. A law enforcement officer
acting in good faith shall be immune from civil and criminal
liability in any action in connection with a court's finding
that the foreign order was for any reason not enforceable.
[Acts
1997, ch. 250, § 1.]
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36-3-623.
Confidentiality of records of centers.
The
records of domestic violence shelters and rape crisis centers
may be treated as confidential by the records custodian of such
shelters or centers unless:
(1)
The individual to whom the records pertain authorizes their
release; or
(2)
A court approves a subpoena for the records, subject to such
restrictions as the court may impose, including in camera review.
[Acts
1999, ch. 344, § 5.]
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36-3-624.
Death review teams established - Protocol - Composition
of teams - Disclosure of communications - Authority to subpoena.
(a)
A county may establish an interagency domestic abuse death review
team to assist local agencies in identifying and reviewing domestic
abuse deaths, including homicides and suicides, and facilitating
communication among the various agencies involved in domestic
abuse cases.
(b)
For purposes of this section, "domestic abuse" has the meaning
set forth in § 36-3-601.
(c)
A county may develop a protocol that may be used as a guideline
to assist coroners and other persons who perform autopsies on
domestic abuse victims in the identification of domestic abuse,
in the determination of whether domestic abuse contributed to
death or whether domestic abuse had occurred prior to death
but was not the actual cause of death, and in the proper written
reporting procedures for domestic abuse, including the designation
of the cause and mode of death.
(d)
County domestic abuse death review teams may be comprised of,
but not limited to, the following:
(1)
Experts in the field of forensic pathology; (2)
Medical personnel with expertise in domestic violence abuse;
(3)
Coroners and medical examiners;
(4)
Criminologists;
(5)
District attorneys general and city attorneys;
(6)
Domestic abuse shelter staff;
(7)
Legal aid attorneys who represent victims of abuse;
(8)
A representative of the local bar association;
(9)
Law enforcement personnel;
(10)
Representatives of local agencies that are involved with domestic
abuse reporting;
(11)
County health department staff who deal with domestic abuse
victims' health issues;
(12)
Representatives of local child abuse agencies; and
(13)
Local professional associations of persons described in paragraphs
(1) to (10), inclusive.
(e)
An oral or written communication or a document shared within
or produced by a domestic abuse death review team related to
a domestic abuse death is confidential and not subject to disclosure
or discoverable by a third party. An oral or written communication
or a document provided by a third party to a domestic abuse
death review team is confidential and not subject to disclosure
or discoverable by a third party. Notwithstanding the foregoing,
recommendations of a domestic abuse death review team upon the
completion of a review may be disclosed at the discretion of
a majority of the members of a domestic abuse death review team.
(f)
To complete a review of a domestic abuse death, whether confirmed
or suspected, each domestic abuse death team shall have access
to, and subpoena power to obtain, all records of any nature
maintained by any public or private entity that may pertain
to a death being investigated by the team including, but not
limited to, police investigations and reports, medical examiner
investigative data and reports and social service agency records,
as well as medical records maintained by a private health care
provider or a health care agency. Any entity or individual providing
such information to the local team shall be immune from any
liability, civil or criminal, that might otherwise be incurred
or imposed for such action.
(g)
To complete a review of a domestic abuse death, whether confirmed
or suspected, each domestic abuse death review team shall have
access to and subpoena power to obtain all records of any nature
maintained by any public or private entity which pertain to
a death being investigated by the team. Such records include,
but are not limited to, police investigations and reports, medical
examiner investigative data and reports, and social service
agency reports, as well as medical records maintained by a private
health care provider or health care agency. Any entity or individual
providing such information to the local team shall not be held
liable for providing the information.
[Acts
2000, ch. 788, § 1.] (back to top) |
