[// 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],
âPetitioner / Protected Party
v.
[RESPONDENT FULL NAME],
âRespondent / Restrained Party
TEMPORARY ââFINAL â
ORDER OF PROTECTION
(issued pursuant to Tenn. Code Ann. § 36-3-601 et seq.)
TABLE OF CONTENTS
I.âDocument Header
II.âDefinitions
III.âFindings of Fact & Jurisdictional Statements
IV.âOperative Injunctive Provisions
V.âAdditional Relief Granted
VI.âNotice, Service, & Enforcement Mechanisms
VII.âDuration, Modification, & Termination
VIII.âGeneral Provisions
IX.âExecution & Certification
I. DOCUMENT HEADER
1.âEffective DateââThis Order is effective immediately upon pronouncement from the bench on [DATE] and shall be entered nunc pro tunc to that date.
2.âStatutory AuthorityââIssued under Tenn. Code Ann. §§ 36-3-605, -606, and 18 U.S.C. § 922(g)(8).
3.âJurisdiction & VenueââThe Court finds venue proper in [COUNTY] County pursuant to Tenn. Code Ann. § 36-3-602(b).
II. DEFINITIONS
For purposes of this Order:
âCourtâ means the [INSERT COURT TYPE] Court for [INSERT COUNTY] County, Tennessee.
âPetitionerâ means the above-named individual(s) seeking protection.
âRespondentâ means the above-named individual(s) against whom protection is sought.
âMinor Child(ren)â means [NAME(S) & DOB(S)] who are under eighteen (18) years of age and in the custody or care of the Petitioner.
âProhibited Conductâ means any act enumerated in Section IV below.
âProtected Location(s)â means the residences, workplaces, schools, and other locations listed in Section IV(1)(b).
[// GUIDANCE: Define additional terms (e.g., âFirearm,â âIntimate
Partner,â âMutual Contactâ) if needed for your fact pattern.]
III. FINDINGS OF FACT & JURISDICTIONAL STATEMENTS
1.âNotice & Appearance
âa.âRespondent â appeared with counselââ appeared pro seââ failed to appear after being duly served on [DATE].
âb.âAdequate notice of the hearing was provided as required by Tenn. Code Ann. § 36-3-605(d).
2.âDomestic Abuse FindingââThe 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.âImmediate & Present DangerââThe 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.âFirearms & AmmunitionââRespondent 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 â strike or add subparts as necessary]
1.âNo Contact & Stay-Away
âa.âRespondent 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.
âb.âRespondent SHALL STAY AT LEAST [_] yards away from the Petitioner, the Minor Child(ren), and the following locations:
âââi.âProtected Residence(s): [ADDRESS(ES)]
âââii.âProtected Workplace(s): [ADDRESS(ES)]
âââiii.âProtected School(s)/Daycare(s): [ADDRESS(ES)]
2.âExclusive Possession of Residence
âPetitioner 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.âTemporary Custody & Visitation
âa.âCustody of the Minor Child(ren) is temporarily awarded to â Petitioner â [OTHER], subject to the best interests of the child standard.
âb.âVisitation with Respondent is â suspendedââ supervised as follows: [DETAIL SUPERVISION TERMS].
4.âSupport & Financial Relief
âRespondent 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.âFirearms Surrender
âRespondent SHALL immediately surrender all firearms, ammunition, and handgun carry permits in Respondentâs 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.âMandatory Counseling
âRespondent SHALL enroll in and complete a certified battererâs intervention program approved by the Tennessee Domestic Violence State Coordinating Council within [_] days.
7.âMutual Orders Prohibited
âNo 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.âLaw-Enforcement AssistanceââLaw-enforcement officers are directed to:
âa.âAccompany Petitioner to retrieve personal property;
âb.âServe or assist in serving this Order on Respondent;
âc.âArrest Respondent upon probable cause of violation, consistent with Tenn. Code Ann. § 36-3-611.
2.âCosts & FeesââCourt costs, service fees, and litigation taxes are assessed to Respondent pursuant to Tenn. Code Ann. § 36-3-617. Attorneyâs fees in the amount of $[_____] are likewise awarded to Petitioner and shall be reduced to judgment.
VI. NOTICE, SERVICE, & ENFORCEMENT MECHANISMS
1.âWarning to Respondent
â⢠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).
â⢠Federal law prohibits you from possessing firearms while this Order is in effect (18 U.S.C. § 922(g)(8)).
2.âService of Order
âA certified copy of this Order SHALL be served personally on Respondent by the [SHERIFF/CONSTABLE] of [COUNTY] County forthwith.
3.âEntry into NCIC & TCIC
âThe 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.âDuration
âa.âTemporary (Ex Parte) OrderâThis Order remains in effect until [HEARING DATE] or further order of the Court, not to exceed fifteen (15) days, unless extended for good cause.
âb.âFinal OrderâUnless 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.âModification
âEither 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.âAutomatic Termination
âThis Order terminates upon expiration, dismissal by written order, or superseding order of a court of competent jurisdiction.
VIII. GENERAL PROVISIONS
1.âFull Faith & CreditââThis Order is entitled to full faith and credit in all United States jurisdictions under 18 U.S.C. § 2265.
2.âSeverabilityââIf any provision of this Order is held invalid, the remaining provisions shall remain in full force to the extent permitted by law.
3.âElectronic Signatures & CopiesââPursuant 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 ____ â a.m. â 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 SignatureââââDate
LAW-ENFORCEMENT RETURN OF SERVICE
I certify that I served a true and correct copy of this Order on Respondent on [DATE] at [TIME] â a.m. â 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
âFirearm Disposition & Proof of Transferâ form to streamline compliance.]