How to Get a Restraining Order in Tennessee
In Tennessee these are called Order of Protection (ex parte order of protection and order of protection). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Tennessee
- Cost
- Victims cannot be charged any court costs, filing fees, litigation taxes, or service or other costs to file, issue, serve, dismiss, appeal or enforce an order of protection. Tenn. Code Ann. § 36-3-617(a)
- Emergency / temporary orders
- When a petition is filed, the court can immediately issue an ex parte order of protection for good cause, such as an immediate and present danger of abuse. Tenn. Code Ann. §§ 36-3-605(a)-(b), 36-3-606(a)(10)
- How long an order lasts
- An order of protection lasts a definite period of up to 1 year. It can be continued for further 1-year periods on a showing of cause at a new hearing. Tenn. Code Ann. §§ 36-3-605(b), (d), 36-3-608(a)
- Where to ask
- File in the county where the respondent lives or where the abuse, stalking or assault happened. If the respondent does not live in Tennessee, you can file in the county where you live. Tenn. Code Ann. §§ 36-3-602(c), 36-3-601(3)(D)
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Tennessee issues an Order of Protection for victims of domestic abuse, stalking, sexual assault, sexual exploitation of a minor, human trafficking offenses, observation without consent, and unlawful photography. The process starts with an ex parte order and then an order of protection after a hearing. Verify for later amendments. |
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| Who can ask for an order | Domestic abuse victims must have a relationship with the respondent: current or former spouses; people who live or lived together; people who are dating, have dated, or had a sexual relationship; relatives by blood or adoption; people related or formerly related by marriage; and adult or minor children of someone in one of those relationships. Stalking and sexual assault victims do not need any relationship. No police report or criminal charge is required. Benchcard dated June 2016, prepared by the Tennessee Coalition to End Domestic & Sexual Violence and posted on the Tennessee General Assembly site. |
| Where to ask | File in the county where the respondent lives or where the abuse, stalking or assault happened. If the respondent does not live in Tennessee, you can file in the county where you live. When a judge is not available, judicial commissioners, magistrates and similar officials can issue ex parte orders, and a police officer responding to an incident can seek an ex parte order on your behalf (with your written consent) at any time of day. Verify for later amendments. |
| Cost | Victims cannot be charged any court costs, filing fees, litigation taxes, or service or other costs to file, issue, serve, dismiss, appeal or enforce an order of protection. If an order is issued or extended, costs and attorney fees are assessed against the respondent. Costs can be charged to a petitioner only if the court finds by clear and convincing evidence that the petitioner is not a victim and knew the allegations were false. Verify for later amendments. Source: Tenn. Code Ann. § 36-3-617(a) |
Emergency orders and the hearing
| Emergency / temporary orders | When a petition is filed, the court can immediately issue an ex parte order of protection for good cause, such as an immediate and present danger of abuse. It can order no contact and order the respondent to leave a shared home until the hearing. It stays in effect until the hearing (and until a later order is entered if the hearing is held within 15 days of service). Verify for later amendments. |
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| Serving the order | The court has the petition, notice of hearing and any ex parte order served on the respondent; an ex parte order must be personally served. When the petitioner is a minor, copies are generally also served on the minor's parents. The order is sent to the sheriff and local law enforcement. The petitioner pays no service costs. Verify for later amendments. |
| The court hearing | A hearing must be held within 15 days after the ex parte order is served on the respondent. The respondent must be served with the petition, notice of hearing and any ex parte order at least 5 days before the hearing. You must prove the allegations by a preponderance of the evidence. Verify for later amendments. |
| How long an order lasts | An order of protection lasts a definite period of up to 1 year. It can be continued for further 1-year periods on a showing of cause at a new hearing. If the respondent is found to have violated it, the court can extend it up to 5 years (up to 10 years for a second or later violation). Verify for later amendments. |
What the order does
| What an order can require | The order can direct the respondent to stop the abuse or threats; bar contact of any kind; bar stalking; give you possession of the home or require the respondent to provide other housing; set temporary custody and visitation; order support (generally only if married, except paternity cases); order counseling; place pets with you (never with the respondent); have the respondent leave a shared home pending the hearing; and require the respondent to pay costs of breaking a lease if staying is unsafe. Verify for later amendments. Source: Tenn. Code Ann. § 36-3-606(a) |
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| Firearms | When an order meets the federal firearms standard (18 U.S.C. § 922(g)(8)), the respondent must give up possession of all firearms within 48 hours by lawful means, such as transferring them to someone who is not prohibited, must not possess firearms while the order is in effect, and must complete and return an affidavit of firearm dispossession to the court. Verify for later amendments. Source: Tenn. Code Ann. § 36-3-625 |
| If the order is violated | Police must arrest without a warrant when they have reasonable cause to believe the order was violated (an ex parte order can be enforced by arrest once the respondent was served or knew of it). Violations can be punished as civil or criminal contempt, and violating a protective order is also a misdemeanor crime under Tenn. Code Ann. § 39-13-113. Possessing a firearm while under a qualifying order is a Class A misdemeanor. Verify for later amendments. |
Children and privacy
| Minors and children | A petition by an unemancipated minor must be signed by a parent or guardian, or by a caseworker at a qualifying family-violence nonprofit (not against the minor's own parent or guardian). In juvenile court cases, the Department of Children's Services or a guardian ad litem can file. The minor's parents are generally served with copies. Verify for later amendments. Source: Tenn. Code Ann. § 36-3-602(b) |
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Forms and help in Tennessee
- Tennessee Coalition to End Domestic & Sexual Violence (24-hour Statewide Domestic Violence Hotline) — 1-800-356-6767
- Free legal aid in Tennessee
Tennessee protective order FAQ
What kinds of protective orders are available in Tennessee?
Tennessee issues an Order of Protection for victims of domestic abuse, stalking, sexual assault, sexual exploitation of a minor, human trafficking offenses, observation without consent, and unlawful photography. The process starts with an ex parte order and then an order of protection after a hearing.
Who can get a restraining order in Tennessee?
Domestic abuse victims must have a relationship with the respondent: current or former spouses; people who live or lived together; people who are dating, have dated, or had a sexual relationship; relatives by blood or adoption; people related or formerly related by marriage; and adult or minor children of someone in one of those relationships. Stalking and sexual assault victims do not need any relationship. No police report or criminal charge is required.
Where do I file for a restraining order in Tennessee?
File in the county where the respondent lives or where the abuse, stalking or assault happened. If the respondent does not live in Tennessee, you can file in the county where you live. When a judge is not available, judicial commissioners, magistrates and similar officials can issue ex parte orders, and a police officer responding to an incident can seek an ex parte order on your behalf (with your written consent) at any time of day.
Does it cost money to get a restraining order in Tennessee?
Victims cannot be charged any court costs, filing fees, litigation taxes, or service or other costs to file, issue, serve, dismiss, appeal or enforce an order of protection. If an order is issued or extended, costs and attorney fees are assessed against the respondent. Costs can be charged to a petitioner only if the court finds by clear and convincing evidence that the petitioner is not a victim and knew the allegations were false.
How fast can I get an emergency protective order in Tennessee?
When a petition is filed, the court can immediately issue an ex parte order of protection for good cause, such as an immediate and present danger of abuse. It can order no contact and order the respondent to leave a shared home until the hearing. It stays in effect until the hearing (and until a later order is entered if the hearing is held within 15 days of service).
What happens at the restraining order hearing in Tennessee?
A hearing must be held within 15 days after the ex parte order is served on the respondent. The respondent must be served with the petition, notice of hearing and any ex parte order at least 5 days before the hearing. You must prove the allegations by a preponderance of the evidence.
How long does a restraining order last in Tennessee?
An order of protection lasts a definite period of up to 1 year. It can be continued for further 1-year periods on a showing of cause at a new hearing. If the respondent is found to have violated it, the court can extend it up to 5 years (up to 10 years for a second or later violation).
What can a protective order do in Tennessee?
The order can direct the respondent to stop the abuse or threats; bar contact of any kind; bar stalking; give you possession of the home or require the respondent to provide other housing; set temporary custody and visitation; order support (generally only if married, except paternity cases); order counseling; place pets with you (never with the respondent); have the respondent leave a shared home pending the hearing; and require the respondent to pay costs of breaking a lease if staying is unsafe.
Does a protective order affect firearms in Tennessee?
When an order meets the federal firearms standard (18 U.S.C. § 922(g)(8)), the respondent must give up possession of all firearms within 48 hours by lawful means, such as transferring them to someone who is not prohibited, must not possess firearms while the order is in effect, and must complete and return an affidavit of firearm dispossession to the court.
How is a restraining order served in Tennessee?
The court has the petition, notice of hearing and any ex parte order served on the respondent; an ex parte order must be personally served. When the petitioner is a minor, copies are generally also served on the minor's parents. The order is sent to the sheriff and local law enforcement. The petitioner pays no service costs.
What happens if someone violates a protective order in Tennessee?
Police must arrest without a warrant when they have reasonable cause to believe the order was violated (an ex parte order can be enforced by arrest once the respondent was served or knew of it). Violations can be punished as civil or criminal contempt, and violating a protective order is also a misdemeanor crime under Tenn. Code Ann. § 39-13-113. Possessing a firearm while under a qualifying order is a Class A misdemeanor.
Can a minor get a restraining order in Tennessee?
A petition by an unemancipated minor must be signed by a parent or guardian, or by a caseworker at a qualifying family-violence nonprofit (not against the minor's own parent or guardian). In juvenile court cases, the Department of Children's Services or a guardian ad litem can file. The minor's parents are generally served with copies.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.