Domestic Abuse Laws
Tennessee
2001
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Tennessee
Code Unannoted
TITLE 36 DOMESTIC RELATIONS
CHAPTER 3 MARRIAGE
PART 6 DOMESTIC ABUSE
36-3-603. Duration of protection order - Petition for protection order in divorce action.
36-3-610. Violation of order or consent agreement - Civil or criminal contempt - Financial penalty.
36-3-612. Violation of protection order - Contempt - Hearing - Bond - Notice to protected party.
36-3-613. Leaving residence or use of necessary force - Right to relief unaffected.
36-3-614. Failure to contest paternity - Paternity tests and comparisons.
36-3-620. Seizure of weapons in possession of alleged domestic abuser. (a)
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
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.]
