Restraining Orders

You can file for a protection order if you experienced, were threatened with, or were placed in fear of any of the following:

• domestic abuse committed by a family or household member; or
• one of these acts committed by anyone, regardless of your relationship:
  • sexual assault;
  • stalking;
  • sexual exploitation of a minor;
  • a human trafficking offense;
  • observation without consent; or
  • unlawful photography.¹

Leaving your home to avoid any of the above crimes doesn’t change your ability to get a protection order. You can also qualify for the protection order even if you had to use reasonable physical force against the abuser to defend yourself or another person from imminent physical injury, domestic abuse, or sexual assault.² 

A family or household member is defined as:

• your spouse or ex-spouse;
• someone you live with or used to live with;
• anyone you are dating or used to date;
• anyone you are having or used to have a sexual relationship with;
• a same-sex partner you’ve lived with, dated, or had a sexual relationship with;
• anyone you are related to by blood or adoption; 
• anyone you are or were related to by marriage; or
• the child of someone in any of the above relationships, regardless of whether you are a minor or an adult.³

Note: If the police respond to an incident of domestic abuse, an officer can file for an ex parte order on your behalf if you agree to this in writing. The officer must believe that you are in immediate and present danger of abuse, even if no arrest is made. The officer can file for the order even when the courts are closed.⁴

¹ Tenn. Code §§ 36-3-602(a); 36-3-601(8)
² Tenn. Code § 36-3-613
³ Tenn. Code § 36-3-601(5)
⁴ Tenn. Code § 36-3-619(h)