Restraining Orders

Tennessee law says that a minor, which is someone under 18 years of age, can get a protection order, but there are some special rules:¹

• First, minors have to meet the same eligibility requirements as adults. In other words, a minor must be the victim of domestic abuse, stalking, or sexual assault to qualify for a protection order. See Am I eligible to file for a protection order? for more information.
• Second, the minor’s parent or legal guardian needs to sign the paperwork that gets filed in court. A caseworker at a non-profit organization for child abuse and family violence can also sign the paperwork for a minor. However, if the caseworker signs it, the petition cannot be filed against the minor’s parent or guardian, and the minor’s parents will receive copies of any paperwork filed with the court, unless a judge determines that doing so would be seriously harmful to the minor. Note: In cases before the juvenile court where the Department of Children’s Services is a party or where a “guardian ad litem” has been appointed for the child, either of them can file the petition on behalf of the minor.²

For more information, you may want to speak with a local domestic abuse program for help. To find an advocate at a local program, please visit our Tennessee Advocates and Shelters page.

¹ Tenn. Code § 36-3-601(2)
² Tenn. Code §§ 36-3-602(b); 36-3-627(b)(1)