[// GUIDANCE: This template is intended for use by licensed Tennessee
attorneys. It is modeled on Tenn. Code Ann. § 36-3-601 et seq. forms
but provides expanded, customizable language for complex or high-risk
situations. Confirm local rules, filing fees, and mandatory AOC
forms before filing. Where conflict exists, the Tennessee Supreme
Court-approved form controls.]
IN THE [INSERT COURT TYPE] COURT FOR [INSERT COUNTY] COUNTY, TENNESSEE
Docket No.: [____]
[PETITIONER FULL NAME],
Petitioner / Protected Party
v.
[RESPONDENT FULL NAME],
Respondent / Restrained Party
TEMPORARY ❑ FINAL ❑
ORDER OF PROTECTION
(issued pursuant to Tenn. Code Ann. § 36-3-601 et seq.)
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Findings of Fact & Jurisdictional Statements
IV. Operative Injunctive Provisions
V. Additional Relief Granted
VI. Notice, Service, & Enforcement Mechanisms
VII. Duration, Modification, & Termination
VIII. General Provisions
IX. Execution & Certification
I. DOCUMENT HEADER
1. Effective Date This Order is effective immediately upon pronouncement from the bench on [DATE] and shall be entered nunc pro tunc to that date.
2. Statutory Authority Issued under Tenn. Code Ann. §§ 36-3-605, -606, and 18 U.S.C. § 922(g)(8).
3. Jurisdiction & Venue The Court finds venue proper in [COUNTY] County pursuant to Tenn. Code Ann. § 36-3-602(b).
II. DEFINITIONS
For purposes of this Order:
“Court” means the [INSERT COURT TYPE] Court for [INSERT COUNTY] County, Tennessee.
“Petitioner” means the above-named individual(s) seeking protection.
“Respondent” means the above-named individual(s) against whom protection is sought.
“Minor Child(ren)” means [NAME(S) & DOB(S)] who are under eighteen (18) years of age and in the custody or care of the Petitioner.
“Prohibited Conduct” means any act enumerated in Section IV below.
“Protected Location(s)” means the residences, workplaces, schools, and other locations listed in Section IV(1)(b).
[// GUIDANCE: Define additional terms (e.g., “Firearm,” “Intimate
Partner,” “Mutual Contact”) if needed for your fact pattern.]
III. FINDINGS OF FACT & JURISDICTIONAL STATEMENTS
1. Notice & Appearance
a. Respondent ❑ appeared with counsel ❑ appeared pro se ❑ failed to appear after being duly served on [DATE].
b. Adequate notice of the hearing was provided as required by Tenn. Code Ann. § 36-3-605(d).
2. Domestic Abuse Finding The Court finds by a preponderance of the evidence that Respondent committed domestic abuse as defined in Tenn. Code Ann. § 36-3-601(1) against Petitioner on or about [DATE], including but not limited to: [BRIEF FACTUAL FINDINGS].
3. Immediate & Present Danger The Court further finds that good cause exists to believe Respondent poses an immediate and present danger of continued abuse, warranting the injunctive relief ordered herein.
4. Firearms & Ammunition Respondent received actual notice that possession of firearms while subject to this Order is prohibited under 18 U.S.C. § 922(g)(8).
IV. OPERATIVE INJUNCTIVE PROVISIONS
[CHECK ALL THAT APPLY – strike or add subparts as necessary]
1. No Contact & Stay-Away
a. Respondent SHALL NOT assault, threaten, abuse, follow, harass, or interfere with the Petitioner or Minor Child(ren), directly or indirectly, by any means, including electronic or third-party communications.
b. Respondent SHALL STAY AT LEAST [_] yards away from the Petitioner, the Minor Child(ren), and the following locations:
i. Protected Residence(s): [ADDRESS(ES)]
ii. Protected Workplace(s): [ADDRESS(ES)]
iii. Protected School(s)/Daycare(s): [ADDRESS(ES)]
2. Exclusive Possession of Residence
Petitioner is awarded exclusive temporary possession of the shared residence located at [ADDRESS]. Respondent SHALL vacate the premises no later than [TIME] on [DATE] and may collect personal belongings only under law-enforcement supervision.
3. Temporary Custody & Visitation
a. Custody of the Minor Child(ren) is temporarily awarded to ❑ Petitioner ❑ [OTHER], subject to the best interests of the child standard.
b. Visitation with Respondent is ❑ suspended ❑ supervised as follows: [DETAIL SUPERVISION TERMS].
4. Support & Financial Relief
Respondent SHALL pay temporary child support/spousal support in the amount of $[] per [WEEK/MONTH], commencing [DATE], pursuant to Tenn. Code Ann. § 36-5-101 and subject to wage withholding.
5. Firearms Surrender
Respondent SHALL immediately surrender all firearms, ammunition, and handgun carry permits in Respondent’s possession to [DESIGNATED LAW-ENFORCEMENT AGENCY] within twenty-four (24) hours of service of this Order and shall file proof of surrender with the Court within forty-eight (48) hours thereafter.
6. Mandatory Counseling
Respondent SHALL enroll in and complete a certified batterer’s intervention program approved by the Tennessee Domestic Violence State Coordinating Council within [_] days.
7. Mutual Orders Prohibited
No mutual protective relief is granted because the Court finds no sufficient evidence that Petitioner committed domestic abuse as defined by Tenn. Code Ann. § 36-3-601(1).
V. ADDITIONAL RELIEF GRANTED
1. Law-Enforcement Assistance Law-enforcement officers are directed to:
a. Accompany Petitioner to retrieve personal property;
b. Serve or assist in serving this Order on Respondent;
c. Arrest Respondent upon probable cause of violation, consistent with Tenn. Code Ann. § 36-3-611.
2. Costs & Fees Court costs, service fees, and litigation taxes are assessed to Respondent pursuant to Tenn. Code Ann. § 36-3-617. Attorney’s fees in the amount of $[_____] are likewise awarded to Petitioner and shall be reduced to judgment.
VI. NOTICE, SERVICE, & ENFORCEMENT MECHANISMS
1. Warning to Respondent
• Violation of this Order is a Class A misdemeanor punishable by up to eleven (11) months and twenty-nine (29) days in jail and/or a $2,500 fine (Tenn. Code Ann. § 39-13-113).
• Federal law prohibits you from possessing firearms while this Order is in effect (18 U.S.C. § 922(g)(8)).
2. Service of Order
A certified copy of this Order SHALL be served personally on Respondent by the [SHERIFF/CONSTABLE] of [COUNTY] County forthwith.
3. Entry into NCIC & TCIC
The Clerk SHALL transmit this Order to the Tennessee Bureau of Investigation for entry into the National Crime Information Center protection-order file within twenty-four (24) hours.
VII. DURATION, MODIFICATION, & TERMINATION
1. Duration
a. Temporary (Ex Parte) Order This Order remains in effect until [HEARING DATE] or further order of the Court, not to exceed fifteen (15) days, unless extended for good cause.
b. Final Order Unless otherwise stated, this Order remains in effect for one (1) year from the Effective Date and may be extended, modified, or dissolved upon motion and notice pursuant to Tenn. Code Ann. § 36-3-605(b).
2. Modification
Either party may petition to modify or dissolve this Order; however, no modification shall be granted absent a finding of good cause and entry of a written order.
3. Automatic Termination
This Order terminates upon expiration, dismissal by written order, or superseding order of a court of competent jurisdiction.
VIII. GENERAL PROVISIONS
1. Full Faith & Credit This Order is entitled to full faith and credit in all United States jurisdictions under 18 U.S.C. § 2265.
2. Severability If any provision of this Order is held invalid, the remaining provisions shall remain in full force to the extent permitted by law.
3. Electronic Signatures & Copies Pursuant to Tenn. R. Civ. P. 5A, a facsimile, electronically signed, or certified copy of this Order shall be deemed an original for enforcement purposes.
IX. EXECUTION & CERTIFICATION
DATED this ___ day of __, 20_, at ____ ❑ a.m. ❑ p.m.
[JUDGE NAME], Judge
[INSERT COURT TYPE] Court for [COUNTY] County, Tennessee
Attest: ______
Clerk of Court
ACKNOWLEDGEMENT OF RESPONDENT (if present)
I acknowledge receipt of a certified copy of this Order and understand its terms and the penalties for violation.
Respondent Signature Date
LAW-ENFORCEMENT RETURN OF SERVICE
I certify that I served a true and correct copy of this Order on Respondent on [DATE] at [TIME] ❑ a.m. ❑ p.m.
[Deputy Name & Badge No.]
[Agency], [County] County, Tennessee
[// GUIDANCE: File the original with the Clerk; provide certified copies
to Petitioner, law-enforcement, and any school/daycare listed. Enter
all identifying information for NCIC submission exactly as required by
T.C.A. § 36-3-608. For firearm surrender, consider attaching a separate
“Firearm Disposition & Proof of Transfer” form to streamline compliance.]