If you’re dealing with abuse, stalking, or a threat to your safety, an order of protection is a civil court order that can legally require the other person to stay away from you. This guide covers who qualifies, how to actually get one in Tennessee, what it costs, and how long it lasts.
If you’re in immediate danger, call 911. If you need to talk to someone about domestic violence more broadly, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. The rest of this guide covers the legal process once you’re safe enough to pursue it.
Need help getting an order of protection? Call us at (931)245-5060 and we’ll help you through the process.
An order of protection is a civil court order that restricts someone (the “respondent”) from contacting, coming near, or continuing to harm another person (the “petitioner”). In Tennessee, these orders are governed by the state’s domestic abuse laws, commonly referred to as the Tennessee Domestic Abuse Act, found in Title 36, Chapter 3, Part 6 of the Tennessee Code, and can be granted to protect victims of domestic violence, sexual assault, or stalking. It’s a tool that’s separate from anything happening in a criminal case, though the same conduct can sometimes lead to both a protective order and criminal charges.
Tennessee law generally allows someone to seek an order of protection if they fall into one of a few categories. The kind of conduct that can qualify includes physical violence, threats of violence, sexual assault, and patterns of stalking behavior that would cause a reasonable person to feel afraid.
This requires both abuse (or a threat of abuse) and a qualifying relationship with the person causing it, such as a current or former spouse, someone you’re dating or used to date, a relative by blood or marriage, someone you live with or used to live with, or someone you share a child with.
Unlike domestic abuse, a stalking-based petition generally doesn’t require any specific relationship with the person doing the stalking.
Similarly, this generally doesn’t require a specific relationship between the petitioner and the person who committed the assault.
Tennessee’s system generally involves a few different stages and types of orders, not just one single document.
A temporary order a judge can issue immediately, without the other person present, when the facts show an immediate danger. It bridges the gap between filing the petition and the formal hearing.
The standard, longer-term order issued once both sides have had a chance to appear in court, generally lasting up to a year and covering the core protections described below.
The standard, longer-term order issued once both sides have had a chance to appear in court, generally lasting up to a year and covering the core protections described below.
These are separate from a civil order of protection. They’re tied to an actual criminal case and imposed as a condition of bond, probation, or sentencing, rather than something a victim petitions for directly.
Depending on the facts of the case, an order of protection can include a range of specific protections. The specific combination of provisions depends on what the petitioner requests and what the judge determines is appropriate given the facts of the case.
Prohibiting the respondent from contacting the petitioner directly or through third parties.
Keeping the respondent a certain distance from the petitioner’s home, workplace, or other specified locations.
Requiring the respondent to move out of a home shared with the petitioner.
If the parties have children together.
Requiring the respondent to surrender firearms while the order is in effect.
The baseline requirement underlying every order.
Harassment generally refers to communication or contact made with the intent to frighten, intimidate, threaten, or harass someone, and that serves no legitimate purpose. This can include repeated unwanted phone calls, messages, or contact, especially when it continues after being asked to stop, and when it’s genuinely designed to cause fear or emotional distress rather than to communicate something legitimate.
Harassment can be part of what supports a stalking-based order of protection, and in some cases, harassing conduct can also lead to separate criminal charges.
Here’s roughly what the process looks like, step by step.
This is typically filed in the court that handles domestic relations matters in the county where you or the other person lives.
If the facts show an immediate danger, a judge can issue a temporary order right away, without the other person present, to provide protection while the case moves forward.
The other person has to be formally notified of the petition and any temporary order already in place.
Tennessee law generally requires this hearing to happen fairly quickly, so both sides have the chance to present their side before a judge decides on a longer-term order.
Based on the evidence presented, the judge decides whether to issue a full order of protection, and what its specific terms and duration will be.
This includes any required initial inventory of assets.
Generally last only until the scheduled hearing, giving the petitioner protection in the short window of time before both sides appear in court.
Issued after a hearing, generally lasts up to one year.
Under Tenn. Code Ann. § 36-3-605, a petitioner can request an extension if they can show the order is still needed.
Under the same statute, allowing the terms of an existing order to be adjusted if circumstances change.
Generally, there’s no filing fee for a petitioner seeking an order of protection based on domestic abuse, stalking, or sexual assault in Tennessee. This is intentional, as the law is designed to remove financial barriers for people trying to protect themselves.
While the petition itself doesn’t cost money to file, you may still choose to hire an attorney, which is optional but often genuinely helpful, especially if the respondent contests the order, or if custody or support issues get tied into the case. If you are the victim and you prevail in court, the respondent is often ordered to reimburse you for your attorney fees.
Violating an order of protection is taken seriously under Tennessee law. A violation can lead to arrest, contempt of court proceedings, and separate criminal charges, on top of whatever consequences the original underlying conduct might have carried. Because these orders are entered into a statewide system, law enforcement anywhere in Tennessee can enforce them, not just in the county where the order was originally issued.
Because an order of protection is a civil matter, not a criminal one, the petitioner generally has to prove their case by a “preponderance of the evidence.” In plain terms, that means showing it’s more likely than not that the abuse, stalking, or sexual assault actually happened, a significantly lower bar than the “beyond a reasonable doubt” standard used in criminal cases. This lower burden is part of why an order of protection can sometimes be granted even in situations where criminal charges haven’t been filed, or wouldn’t succeed on their own.
If your circumstances change, either because the danger hasn’t gone away as the order’s expiration approaches, or because something about the original terms no longer fits your situation, Tennessee law allows you to go back to court. Under § 36-3-605, a petitioner can request the court extend an existing order beyond its original term, and either party can request a modification if the situation has genuinely changed since the order was first entered.
Orders of protection often come up alongside other family law matters.
Pursuing a needed order of protection or defending a wrongfully filed one is often one of the most stressful things someone will ever have to do, and having the right support matters. At Dahl Family Law, we bring:
A clear, compassionate explanation of the process from the very first conversation.
Experience handling the overlap between orders of protection and related custody or divorce matters.
Careful attention to getting a petition filed correctly and quickly when time matters.
Support through hearings, extensions, and any violations that come up later.
Yes, the process is designed to be accessible without an attorney, and court staff can often provide the necessary forms. That said, having an attorney can be genuinely valuable, especially if the respondent contests the order or if custody and support issues are involved.
It can, significantly. Tennessee courts consider evidence of domestic abuse when making custody decisions, and an order of protection can directly affect a parenting plan, including supervised visitation or other safety-focused provisions.
Yes. The respondent has the right to appear at the hearing and present their own side, which is part of why the formal hearing process exists, rather than making the temporary ex parte order permanent automatically.
Orders of protection issued in Tennessee are generally enforceable throughout the state and, under federal law, are also entitled to recognition in other states, so a move across county or state lines doesn't automatically eliminate the order's protection.
If you’re dealing with abuse, stalking, or a genuine threat to your safety, you deserve support that takes it seriously and helps you move quickly.
Dahl Family Law provides representation in a wide range of family law matters, including:
This guide is intended for general informational purposes only and does not constitute legal advice. Orders of protection are fact-specific, and outcomes depend on the details of your situation. If you are in immediate danger, please call 911. Please consult with a licensed Tennessee family law attorney regarding your specific circumstances.
