Tennessee
Tennessee Restraining Order Laws (2026): How to Get an Order of Protection
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 1 primary source cited on this page. How we verify our legal content
In Tennessee, an Order of Protection under TCA 36-3-601 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. 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 at the circuit or chancery court for the county where you live, where the respondent lives, or where the abuse or stalking occurred. In some situations involving juvenile parties or other specific circumstances, filings may go through juvenile or general sessions court instead.
Filing a domestic-violence Order of Protection is free. Under the federal Violence Against Women Act, courts cannot charge the petitioner any filing or service fee for a domestic-abuse protective order. You also do not pay for the respondent to be served.
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.
| Order type | Duration |
|---|---|
| Ex parte temporary order | In effect immediately; full hearing within 15 days of service |
| Final Order of Protection | Up to 1 year; renewable for successive 1-year periods |
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. Under TCA 36-3-625, a respondent subject to an Order of Protection is required to surrender all firearms within 48 hours of the order being issued. The order itself carries a firearms prohibition that remains in effect for its entire duration.
The firearms surrender requirement applies as soon as the order is issued, not only after a violation. If the respondent fails to surrender firearms within the 48-hour window, that failure can itself be the basis for enforcement action.
In addition to the state requirement, a qualifying final Order of Protection triggers the federal firearm prohibition in (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
Frequently Asked Questions
How do I get a restraining order in Tennessee?
File a petition for an Order of Protection with the circuit or chancery court in the county where you live, where the respondent lives, or where the abuse or stalking occurred. Describe your relationship and what happened. If you show immediate and present danger, the judge can issue a temporary 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 of a domestic-violence Order of Protection is free. Under the federal Violence Against Women Act, courts cannot charge the petitioner any fee for filing or serving this type of protective order. There is no cost to you as the protected party.
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. Tennessee law (TCA 36-3-625) requires the respondent to surrender all firearms within 48 hours of the order being issued and prohibits firearm possession for the entire duration of the order. A qualifying final order also triggers the federal firearm prohibition under 18 U.S.C. 922(g)(8), which bars purchase or possession of firearms or ammunition.
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.
Updates
Corrected the violation-penalty section: violating a Tennessee Order of Protection is always a Class A misdemeanor under TCA 39-13-113, with no felony tier for repeat or firearm-possession violations; stalking the protected party while subject to the order is a separately chargeable felony (aggravated stalking, TCA 39-17-315). Also replaced a dead statutes-portal citation with a live link to the same Tennessee Code chapter.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
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