Tennessee Restraining Order Laws (2026): How to Get an Order of Protection

In Tennessee, an Order of Protection under TCA 36-3-602 can be obtained by domestic-abuse victims in qualifying relationships, as well as by any person who has been stalked or sexually assaulted. A final Order of Protection lasts up to one year and can be renewed for additional one-year periods as long as the need continues.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Tennessee

Tennessee operates a unified protective-order system. Rather than splitting domestic and non-domestic cases into entirely different statutes, the state uses a single legal instrument called an Order of Protection (TCA 36-3-601 through 36-3-627) that encompasses multiple categories of harm.

The domestic-abuse track requires a qualifying relationship between the petitioner and respondent. It covers physical harm, threats, emotional abuse, and other conduct that places the petitioner in fear of harm by someone they have a personal connection to.

Tennessee also covers stalking, sexual assault, sexual exploitation of a minor, and human trafficking within the same Order of Protection framework. The 2025 Voyeurism Victims Act (Public Chapter 62) added two further grounds: observation without consent (TCA 39-13-607) and unlawful photography (TCA 39-13-605), each of which now lets a victim petition for an Order of Protection in their own right. For stalking and sexual assault, no domestic relationship is required. Any person who has been subjected to stalking or sexual assault can petition the court for an Order of Protection against the perpetrator, regardless of whether they know the person or have any prior connection.

This unified approach means that most victims of serious threats or harm have access to a court order through the same filing process and the same statute.

Who can get a restraining order in Tennessee?

For the domestic-abuse track, a qualifying relationship is required. Under TCA 36-3-601, qualifying relationships include:

• Current or former spouses
• People who currently cohabit or have cohabited
• Parents and children, stepparents and stepchildren
• People related by blood or marriage
• Current or former dating or sexual partners
• People who share a child in common

This is a broad list that covers most intimate and household relationships. A current or former boyfriend or girlfriend qualifies, as does a person you dated briefly but are no longer in contact with.

For stalking and sexual assault, no relationship is required under Tennessee law. If you are being stalked by a coworker, a neighbor, or a stranger, the Order of Protection framework is available to you. The same applies to sexual-assault survivors seeking protection from their attacker.

If you are unsure which track applies to you, a court self-help center or a trained domestic-violence advocate can help you understand your options without charge.

How to file for a restraining order in Tennessee

You file an Order of Protection petition in the county where the respondent lives, or in the county where the abuse, stalking, or other qualifying conduct occurred. Under TCA 36-3-602, filing in your own county is an option only when the respondent does not live in Tennessee. Venue is waived unless the respondent appears in court and objects to it, so filing in the wrong county is not automatically fatal to the petition.

Which courthouse takes the petition depends on the county. Circuit and chancery courts hear these cases, and in most Tennessee counties the general sessions court is an equally ordinary filing venue rather than a special-circumstance fallback: the definition of court in TCA 36-3-601 lists any court of record with jurisdiction over domestic-relations matters or the general sessions court. Some counties are defined differently by population, judicial commissioners and magistrates can issue an ex parte order when no listed judge is available, and cases involving juvenile parties may go through juvenile court. If you are unsure, call your county clerk's office and ask where Order of Protection petitions are filed.

Filing is free, and the Tennessee statute is broader than the federal rule. Under TCA 36-3-617(a)(1), no domestic abuse victim, stalking victim, or sexual assault victim has to bear court costs, filing fees, litigation taxes, or any other cost associated with the filing, issuance, registration, service, dismissal, appeal, or enforcement of an ex parte order or an Order of Protection. The 2025 Voyeurism Victims Act extended the same protection to observation-without-consent and unlawful-photography victims. If the court issues or extends an order after the hearing, those costs and attorney fees are assessed against the respondent instead. The federal Violence Against Women Act imposes a parallel no-fee rule on states that receive its funding.

There is one narrow exception. Under TCA 36-3-617(a)(2), a court may assess costs against a petitioner only if it finds by clear and convincing evidence both that the petitioner is not a victim and that the petitioner knew the allegation was false when the petition was filed.

The petition asks you to describe your relationship with the respondent, what happened, and why you need the court's protection. You are not required to have a police report or other documentation to file. Your sworn account is evidence, though supporting records, text messages, or photographs can strengthen your case at the hearing.

Most Tennessee court locations have self-help centers where clerks can direct you to the correct forms and explain the process. Local domestic-violence advocacy groups offer free assistance and can accompany you to court. If you are not sure how to find a local advocate, call the National Domestic Violence Hotline at 1-800-799-7233.

Temporary vs. final orders: how long they last

When you file a petition and show immediate and present danger, the judge may issue an ex parte Order of Protection the same day, without notifying the respondent beforehand. This gives you protection while the court process is still in its early stages.

After the respondent is served with the temporary order, a full hearing must be held within 15 days of service under TCA 36-3-605. At the hearing, both you and the respondent can present evidence and testimony. If the court is satisfied that an Order of Protection is warranted, it issues a final order. With the hearing set within 15 days of service, have a Tennessee family lawyer help prepare your evidence and testimony, starting with a free case evaluation (attorney advertising).

A final Order of Protection in Tennessee lasts up to one year from the date it is issued. Before it expires, you can return to court and ask for it to be renewed. Renewal requires a hearing and a showing that continued protection is needed. There is no cap on the number of times an order can be renewed if the circumstances warrant it.

Firearms and a Tennessee Order of Protection

Tennessee has one of the more specific firearms requirements among the states, but it attaches to a particular kind of order. Under TCA 36-3-625, when a court issues an Order of Protection that fully complies with 18 U.S.C. 922(g)(8), the order must direct the respondent to dispossess all firearms within 48 hours and bars firearm possession for as long as that order or any successive order remains in effect.

That federal cross-reference is what limits the rule. 18 U.S.C. 922(g)(8)(A) reaches only an order "issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate." An ex parte order is granted without notice to the respondent, so on its own it does not meet that test and does not start the 48-hour clock. The dispossession duty attaches to the final order entered after the hearing described above.

Once a qualifying order is entered, the requirement applies immediately and does not wait for a violation. The respondent must dispossess the firearms by lawful means within 48 hours and file an affidavit of firearm dispossession with the court. Knowingly failing to do so is a separate Class A misdemeanor under TCA 36-3-625.

In addition to the state requirement, a qualifying final Order of Protection triggers the federal firearm prohibition in 18 U.S.C. 922(g)(8). Under federal law, the respondent may not purchase, possess, or receive any firearm or ammunition while a qualifying protective order is active. Violating the federal prohibition is a separate federal offense.

If you are concerned that the respondent has access to firearms and may pose a danger, you can raise that concern with the court and ask about the enforcement mechanism for the 48-hour surrender requirement.

What happens if someone violates the order?

Violating a Tennessee Order of Protection is a Class A misdemeanor under state law. A Class A misdemeanor in Tennessee carries a potential sentence of up to 11 months and 29 days in jail and a fine of up to $2,500. Any violation of the order's terms can support a misdemeanor charge: the prohibited contact does not have to involve physical violence.

Under TCA 39-13-113, every violation of an Order of Protection remains a Class A misdemeanor, including a firearm-possession violation and a repeat violation; the statute does not create a felony tier for the order violation itself. Conduct during a violation can support a separate, additional charge under its own statute, and some of those charges are felonies. Stalking is the clearest example: if the respondent stalks the protected party while subject to an Order of Protection, that is aggravated stalking under TCA 39-17-315, a Class E felony, charged in addition to the Class A misdemeanor order-violation charge.

Police in Tennessee can arrest a person on probable cause that an Order of Protection has been violated. They do not need to witness the violation in person to make an arrest. This means you can call 911 to report a violation even if the respondent has already left the scene.

If the respondent violates your order, call 911 immediately. Write down what happened, including the date, time, location, what the respondent said or did, and whether any witnesses were present. These records are valuable if the case proceeds to criminal charges or if you need to return to court to modify the order.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

Related pages

For protective-order information across all states, see the Restraining Order Laws by State hub. If you need to document harassment or threatening contact for use in court, see Tennessee Recording Laws. For background on self-defense rights in Tennessee, see the Tennessee self-defense laws page.

More Tennessee Laws

• Tennessee Child Custody Laws
• Tennessee Divorce Laws
• Tennessee GPS Tracking Laws
• Tennessee Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Tennessee?

File a sworn petition for an Order of Protection in the county where the respondent lives or where the abuse, stalking, or other qualifying conduct occurred; you may file in your own county only if the respondent does not live in Tennessee. Depending on the county, the petition goes to circuit, chancery, or general sessions court. Describe your relationship and what happened. If you show immediate and present danger, the judge can issue a temporary ex parte order the same day. A full hearing is then scheduled within 15 days of the respondent being served.

How long does a restraining order last in Tennessee?

A temporary ex parte Order of Protection stays in effect until the full hearing, which must occur within 15 days of service on the respondent. A final Order of Protection lasts up to one year. Before it expires, you may return to court and ask for it to be renewed for additional one-year periods as long as the need for protection continues.

How much does a restraining order cost in Tennessee?

Filing and service are free. Under TCA 36-3-617, no domestic abuse, stalking, or sexual assault victim may be required to bear court costs, filing fees, litigation taxes, or service, appeal, or enforcement costs for an ex parte order or an Order of Protection, and the 2025 Voyeurism Victims Act extended that protection to observation-without-consent and unlawful-photography victims. If the court issues the order, those costs are assessed against the respondent. The federal Violence Against Women Act sets a parallel no-fee rule. A court may shift costs to a petitioner only on a clear-and-convincing finding that the petitioner was not a victim and knew the allegation was false when filing.

Can I get a restraining order without a police report?

Yes. Tennessee does not require a police report to file for an Order of Protection. Your sworn statement in the petition is evidence. Having photographs, text messages, medical records, or witness accounts can strengthen your case at the hearing, but none of them are required to start the process.

Does a restraining order take away gun rights in Tennessee?

Yes, once a qualifying order is in place. TCA 36-3-625 applies to an Order of Protection that fully complies with 18 U.S.C. 922(g)(8), meaning an order entered after a hearing the respondent had actual notice of and a chance to take part in. Such an order requires the respondent to dispossess all firearms within 48 hours and bars possession for the order's duration, and federal law separately bars purchase, possession, or receipt of firearms and ammunition. An ex parte order issued without notice does not by itself trigger the 48-hour surrender duty.

What happens if the abuser violates the order?

Violating a Tennessee Order of Protection is always a Class A misdemeanor under TCA 39-13-113, punishable by up to 11 months and 29 days in jail and a $2,500 fine; the statute has no felony tier, even for a repeat or firearm-possession violation. Conduct during the violation can support a separate, additional felony charge, such as aggravated stalking under TCA 39-17-315 (a Class E felony) if the respondent stalks you while subject to the order. Call 911 immediately if the order is violated, and document the incident with as much detail as possible.

What is the difference between a restraining order and an order of protection in Tennessee?

In Tennessee, the civil protective order is officially called an Order of Protection. The term 'restraining order' is commonly used by the public and refers to the same type of court order. Both terms describe a civil court order directing someone to stop contact, stay away, and comply with other conditions set by the judge.