Judicial Commissioner Association of Tennessee

JCAT is very grateful to Tom Nelson, Judicial Commissioner in Davidson County for his hard work and dedication in preparing this document on Orders of Protection. He is graciously sharing it with our organization.



ORDERS OF PROTECTION

I- FEDERAL LAW AND FULL FAITH AND CREDIT:(1)
The United States Congress, to the extent possible, made uniform the issuance and enforcement of Orders of Protection as part of the Violence Against Women Act of 1994, amended in 2000 and 2005.(2) Thus, Congress required that every court with protective order jurisdiction serve the dual roles of the Issuing Court as well as the Enforcement Court. Moreover, there is a federal statutory presumption of the validity for every civil or “criminal” protective order, and certified copies or registered copies are not required for enforcement.(3) Enforcement is mandatory and full faith and credit afforded:

A. In each state, commonwealth, territory or possession of the United States, in addition the District of Columbia and all Indian tribal lands regardless of the jurisdiction of issuance.

B. The substantive law of the issuing court’s jurisdiction will control and enforcement is required in Tennessee even if:

1. The petitioner is not eligible for a protective order under Tennessee law, but is eligible in the jurisdiction which issued the protective order.

2. The relief sought is not available in under Tennessee law.

3. The duration of the protective order is longer than provided under Tennessee law.

4. The protective order cannot be located in NCIC or TCIS.

5. The petitioner has the sole election whether to register a foreign protective order with no notice to the respondent of the registration (other than service requirements for enforcement).

6. No costs are to be assessed to the petitioner for registering a foreign protective order.

7. The issuing jurisdiction determines whom the protective order protects, the terms,

conditions of the protective order and the duration.

8. The enforcing jurisdiction determines how the protective order is to be enforced, the arrest authority of the responding law enforcement agencies, detention, penalties and other injunctions.

9. The issued protective order contains custody and child support orders, including temporary orders, final decrees and other injunctions.

C. Federal Domestic Violence Crimes:

1. Interstate Travel to Commit Domestic Violence. 18 U.S.C. § 2261.

2. Interstate Violation of a Protective Order. 18 U.S.C. § 2262.

3. Interstate Stalking. 18 U.S.C. § 2261(A).

D. Federal Firearms Restrictions:(4)

1. No person may possess or own a firearm or ammunition IF:

a. Convicted of a qualifying domestic violence offense. This is a LIFETIME prohibition.

b. Presently under a final protective order in effect.

2. It is unlawful to transfer or return any firearm or ammunition to any person convicted of crime of domestic violence, even if the weapon or ammunition confiscated as not used in the perpetration of the offense. (Caution: The Federal prohibition conflicts with Tennessee statutes).(5)

E. Remaining Federal Issues:

1. No Mutual Protective Order is entitled to full faith and credit against the petitioner, UNLESS there has been a cross petition or counter petition pleaded by the respondent in the state that issued the protective order to the petitioner AND the issuing court made specific findings of domestic abuse against the original petitioner as well as the respondent. Tennessee has the same requirements.

2. “Criminal” Orders of Protection are required to be enforced and include:

a. Conditions of Release / Bail Conditions from incarceration or imposed sentence for domestic violence assaultive offenses.

b. Probation conditions for domestic violence offenses.

c. Order Granting Bail in Abuse Cases (sample provided in materials). The Sheriff is required to mail a copy to the victim.(6) The defendant should receive a copy of the Order before being released from custody.

NOTE: Failure to provide the defendant with a copy of the conditions of bail order does not invalidate those conditions of release or prevent enforcement for a violation IF the defendant received notice of the conditions of release prior to being released from custody.

II. Tennessee Order of Protection Process:(7)

A. Tennessee’s Domestic Violence Firearms Requirements:(8)

1. Upon the granting of a protective order, successive extensions, or conviction for a crime of domestic violence, the respondent / defendant shall terminate physical possession “by any lawful means” all firearms within 48 hours and must complete and file an “Affidavit of Firearms Disposition” form with the court. While the dispossession of weapons must be accomplished within 48 hours of the entry of the order or judgment of conviction, the statute does not give a time frame within which the Affidavit of Firearms Disposition should be filed. Presumably, the judge will set a date certain for the filing of the Affidavit.

NOTE: The form promulgated by the Administrative Office of the Court provides that the “… form must be completed and filed with the Clerk of Court / Court within one business day from the date of dispossession of the firearms or upon specific order of the Court as provided in the Court’s order.”(9) The Affidavit form is available is the various clerks’ offices and on the web site of the Administrative Office of the Courts.

2. Dispossession is accomplished by having the firearm(s) placed in a safe or container which is securely locked and the respondent does not have the combination, key or other means of “normal access” to the container.

3. If the respondent is a licensed firearms dealer, ATF rules and regulations must be followed but the inventory need not be surrendered if there are one or more individuals under the same federal license and they are not subject to the protective order.

4. It is a Class A misdemeanor for each separate incident and each violation constitutes a separate offense (e.g. failure to dispossess of each weapon will also constitute a separate violation).

a. Possession of a firearm while under the disability of a final protective order being in effect or having been convicted of a qualified domestic violence offense.

b. Possession of a firearm under any other prohibition of state or federal law (think, violation of an Order Granting Bail in Abuse Cases).

c. The respondent / defendant can be charged and convicted under any and all applicable sections.(10)

5. Once the final protective order has expired (there being no criminal convictions for committing a domestic violence crime), the respondent is eligible to possess firearms and ammunition again and, indeed, may apply for hand gun carry permit (a copy of the expired

order must accompany an application for a hand gun permit). 

NOTE: While under a protective order, law enforcement officers or members of the United States military have an “official use” exemption to be able to carry firearms while on duty.(11) This applies to service weapons only and not personal weapons. This is strictly a federal statutory exemption. Tennessee law does not provide for such an exemption.(12)

B. Proper Parties, Venue, Prohibited Conduct:
Understand the conduct a protective order seeks to restrain or prohibit:

“Abuse:” That conduct which means inflicting or attempting to inflict physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, or malicious damage to the personal property of the abused party.”(13)

This definition has been expanded to include inflicting or attempting to inflict physical injury on any animal owned or possessed by an adult or minor petitioner or placing an adult or minor petitioner in fear that physical injury will befall the animal. The scope of the protective order as also been expanded such that the court will provide that the abused party will have care, custody and control of the animal, but in no instance shall the animal be placed with the respondent; the animal shall be placed with the petitioner or in an appropriate animal foster care situation, as may be necessary.(14)

In short, a protective order is only appropriate where there is sufficient evidence that a victim needs the protection available.(15)

1. Proper Parties are limited to:

a. Adults or minors who are current or former spouses;

b. Adults or minors who live together or who have lived together;

c. Adults or minors who are dating or who have dated or who have a sexual relationship or had a sexual relationship [as used in the statute “dating” or “dated” does not include fraternization between individuals in a business or social setting];

d. Adults or minors who are related or were formerly related by marriage;

e. Adults or minor children of a person in a relationship that is described above; and

f. Victims of stalking, sexual assault, or elder abuse even though there has been no prior relationship between the parties.(16)

2. Minor applicants can not sign a protective order application. Only the minor’s parents or legal guardian may sign the petition on behalf of a minor applicant. The Department of Children Services (DCS) is authorized to sign a petition on behalf of a minor IF there is an

active Juvenile Court case pending and DCS is a party to that action, as well as guardians ad litem appointed in Juvenile Court. Any petition alleging domestic abuse, stalking or sexual assault filed by a person under the age of 18 may be signed by a case worker at a non-profit organization that receives state appropriations for family violence or child abuse prevention and shelters (think, Legal Services of Tennessee). UNLESS the court finds that an action would create a threat of serious harm to the minor, a copy of the petition, notice of the hearing and any Ex Parte Order of Protection must be served on the parents of the minor child, or if the parents are not living together and jointly caring for the minor child, upon the child’s primary residential parent.

a. A petition alleging abuse, stalking or sexual assault signed by such caseworker on behalf of the minor child cannot be filed against the minor child’s parents or legal guardian.

3. Venue is limited to the county in which the event occurred, or the county in which the respondent can be found. Venue is in the county of the petitioner’s residence only if the respondent is not a Tennessee resident.

4. Orders of Protection are now available for vulnerable adults who may be victims of willful abuse, neglect or exploitation.(17) A vulnerable adult means person 18 years of age or older who because of mental or physical dysfunctioning or advanced age (deemed to be

60 +) is unable to manage such person’s own resources and carry out normal daily living activities. A person who is mentally impaired but still competent shall be deemed to be a person with mental dysfunction.

5. A relative may file for a protective order on behalf of such an adult and a relative is defined very broadly in the statute as a spouse, child, step children, adopted child, foster child, and parents including step parents, siblings of the whole or half blood, any degree of

aunts, uncles, nieces and nephews.

6. If the judge finds the allegations to be proven by a preponderance standard, the protective order will issue not to exceed 120 days and the court may appoint a guardian ad litem.

7. The relief may include refraining the respondent from abusing the adult;

refrain from threatening or continued misappropriations of any monies, state or federal benefits, retirement funds or any personal or real property belonging to the adult; order the return of misappropriated monies or benefits to the adult’s caretaker, conservator or

fiduciary. The court may accomplish the foregoing by entering a judgment against the respondent for repayment.

8. If the amount exceeds $10,000, the court may require the custodian or fiduciary to post a bond. The court, in addition to the no-contact provisions of any protective order, may prohibit the respondent from providing care to the adult either temporarily or permanently.

9. The penalties for violating a protective order are the same for any violation of a protective order. 

C. LAW ENFORCEMENT INVOLVEMENT:
Know your local police or sheriff department’s domestic violence police for arrest considerations and assistance to the victim in obtaining a protective order.

1. Metro Police Department Domestic Violence Policy is available on the Internet:

http://police.nashville.org/bureaus/investigate/domestic/policy.htm.

a. Metro Police policy language parrots statutory domestic abuse language, including definitions, as well as limits on police discretion in domestic violence cases.

b. IF 911 IS CALLED, SOMEBODY’S GOING TO JAIL! Law enforcement has little discretion and the preferred response is to arrest the primary aggressor, unless there is a significant and substantial reason not to arrest (exceptionally rare). The statutory preferred response

is the arrest of the primary aggressor only. Police sometimes have difficulty determining which party is the primary aggressor and locally the police will transport both parties to Night Court to report the investigation results to the Magistrate to determine which party

may be charged and if so for what offense, if any. The statute contains no such requirement. However, police officers will typically bring the parties before the Magistrate because police do not have any protection from civil liability in such instances, but the Magistrate

does have qualified immunity for official judicial actions.

c. Issuance of a protective order does not require prior law enforcement involvement.(18)

When police officers investigate a reported incident of domestic violence, the officers will attempt to determine which party may be the primary aggressor for arrest purposes and inform the victim of his/her legal rights, including the right to apply for a protective order.(19)

d. A violation of a protective order is the only offense in which a law enforcement officer is obliged to make an arrest based upon mere suspicion that the protective order has been violated. Nothing more than a reasonable belief that a person is violating or has violated a

protective order is all that is required. The hearing before the Magistrate is still based upon probable cause as to whether a criminal warrant or criminal summons will issue.(20)

D. The Application Process:
Where to start and where to finish.

1. Applications are sought in the various civil clerks of court office, although in Davidson County the application process usually starts in Night Court.(21)

2. There is no cost to the petitioner at any time for any filing fees or other court costs.

All costs, including attorney fees, are to be assessed to the respondent.(22) There are no appellate fees to be assessed to a petitioner either.(23) However, effective June 6, 2011, costs, including attorney fees, may be assessed in limited circumstances to the petitioner

if the court does not issue or extend an order of protection provided the court makes a finding by clear and convincing evidence:

a. the petitioner is not a domestic abuse victim, staking victim, or sexual assault victim and that this determination is not based on the fact that the petitioner requested the petition be dismissed, failed to appear in court or incorrectly filled out the petition; and

b. the petitioner knew at the time that the petition was filed that the allegations regarding domestic abuse, stalking or sexual assault were false.(24)

Moreover, the court is now empowered to order, in effect, that the respondent hold the petitioner harmless for all costs and expenses pertaining to a petitioner’s breach of a lease or rental agreement if the court affirmatively finds that continuing to reside in the rented

or leased premises may jeopardize the life, health and safety of the petitioner or the petitioner’s children.(25) However, if the court so finds and orders the terms, liability or parties to the lease or rental agreement remains unchanged.

3. The forum of the hearing for the protective order depends upon the jurisdiction conferred upon various courts by private acts. In Davidson County only, since General Sessions Court does not have statutory jurisdiction to determine custody, child support and visitation issues, if the parties are unmarried and have children in common Juvenile Court is the appropriate forum. If the parties are married or married with children or a divorce case is pending, the hearing will be held in Circuit Court. All other cases will be assigned to General Sessions Court.

4. Forms in Tennessee are required by statute to be uniform and as close as practicable to mirror the forms in contiguous states for full faith and credit purposes. The forms are to be used exclusively in all courts exercising jurisdiction over protective orders.(26) The

application is be liberally construed in favor of a petitioner.(27) The forms are provided by statute to be available in the various civil clerks of court offices and on the Administrative Office of the Court web site:
http://www.tsc.state.tn.us/geninfo/Publications/publications.htm.

HINT: Narrative portion on Question 6, page 2 and continuing to page 3 of the formal application will determine the petition’s merit; that is the allegations in the petition must address some aspect of the statutory definition of abuse. The Administrative Office of the

Courts also has forms available in Spanish, Vietnamese and Korean on the website.

E. Scope of the Protective Order:
The scope of any protective order in Tennessee is found at Tenn. Code Ann. § 36-3-606
as follows:

a. A protection order granted under this part to protect the petitioner from domestic abuse, stalking or sexual assault may include, but is not limited to:

1. Directing the respondent to refrain from committing domestic abuse, stalking or sexual assault or threatening to commit domestic abuse, stalking or sexual assault against the petitioner or the petitioner's minor children;

2. Prohibiting the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;

3. Prohibiting the respondent from stalking the petitioner, as defined in § 39-17-315;

4. Granting to the petitioner possession of the residence or household to the exclusion of the respondent by evicting the respondent, by restoring possession to the petitioner, or by both;

5. Directing the respondent to provide suitable alternate housing for the petitioner when the respondent is the sole owner or lessee of the residence or household;

6. Awarding temporary custody of, or establishing temporary visitation rights with

regard to, any minor children born to or adopted by the parties;

7. Awarding financial support to the petitioner and such persons as the respondent

has a duty to support. Except in cases of paternity, the court shall not have the authority

to order financial support unless the petitioner and respondent are legally married. Such

order may be enforced pursuant to chapter 5 of this title;

8. Directing the respondent to attend available counseling programs that address

violence and control issues or substance abuse problems. A violation of a protection order or

part of such order that directs counseling pursuant to this subpart may be punished as

criminal or civil contempt. The provisions of § 36-3-610 (a) apply with respect to a

non-lawyer general sessions judge who holds a person in criminal contempt for violating this

subdivision (a)(8); or

9. Directing the care, custody, or control of any animal owned, possessed, leased,

kept, or held by either party or a minor residing in the household. In no instance shall the

animal be placed in the care, custody, or control of the respondent, but shall instead be

placed in the care, custody or control of the petitioner or in an appropriate animal foster

situation.

b. Relief granted pursuant to subdivisions (a) (4)-(8) shall be ordered only after

the petitioner and respondent have been given an opportunity to be heard by the court.

c. Any order of protection issued under this part shall include the statement of

the maximum penalty that may be imposed pursuant to § 36-3-610 for violating such order.

d. No order of protection made under this part shall in any manner affect title to

any real property.

e. If the petitioner is a victim as defined in § 36-3-601 (10) or (11), the

provisions of subdivisions (a) (4) and (5) shall not apply to such petitioner.

f. An order of protection issued pursuant to this part shall be valid and

enforceable in any county of this state.

g. An order of protection issued pursuant to this part that fully complies with

18 U.S.C. § 922(g) (8) shall contain the disclosures set out in § 36-3-625 (a).

F. The Ex Parte Order of Protection:

1. The Ex Parte Order of Protection may be granted by a magistrate for “any good cause

shown,” which the statute suggests “imminent or immediate danger of abuse to the petitioner”

is sufficient grounds, but not so limited.(28) ANY reason the magistrate determines that the

parties should remain separated until the final hearing on the application will result in the

Ex Parte Order of Protection being granted. (e. g. alleged violence, the threat of violence,

malicious vandalism to the petitioner’s property, stalking, sexual assault, or elder abuse).

2. The duration of an ex parte protective order is not less than 15 days from issuance,

but in any event the ex parte order will remain in effect until there has been a final

disposition of the petitioner’s application. An ex parte order may be continued by a judge

but a separate order stating the same is required.

3. If the ex parte order is granted, it is immediately entered into NCIC and TCIS by the

Sheriff. If the ex parte order is denied, the application is not entered into NCIC or TCIS

until and unless the formal order of protection is granted at the final hearing and then

all federal and state sanctions for a violation apply.

4. Effective April 5, 2011, no information regarding protective orders will be entered

into TCIS and within 2 years all reference to protective orders will be eliminated from

Tennessee’s crime data base. Tennessee sheriffs had asked for this change in the law

because they deemed it a duplicate effort to enter the information twice, once in the state

records and subsequently the national crime data base. This change in the law won’t have

any effect on lawyers, but only law enforcement when checking a subject’s criminal history.

The only reference that a person is under a protective order will be limited to the national

crime data base.

G. The Final Order of Protection:

1. If the final Order of Protection is granted, the duration is up to 1 year and it is subject to

being renewed by the petitioner upon timely filing for an extension (that is, prior to the

previous Order of Protection expiring). The respondent is entitled to notice 5 days prior to the

hearing, and if the notice requirement cannot be met the ex parte order, if there is one,

should be extended.

2. While a protective order is in effect it can be modified by motion (no longer required to file

a formal petition to modify). A copy of the motion must be personally served on the

respondent at least 5 days prior to the hearing, and the respondent is to be advised of the

right to hire legal counsel, but there is no right to appointed counsel. Either party may file a

motion for modification showing a change in circumstances. NOTE: A verified affidavit is

required to be filed with the motion. There is a sample motion complete with an affidavit

which satisfies this requirement on the Administrative Office of the Courts’ web site. The

statute further allows the court to change the terms of the protective order upon its own

motion, with proper notice to the parties.

3. If the final protective order is granted, the duration is up to 1 year and is subject to being

extended upon timely filing for an extension (that is, prior to the previous protective

order expiring).

4. If the respondent is found to have violated a final protective order, the court may extend

the protective order for up to 5 years. If there is a second or subsequent violation of the

protective order, the court may in that event extend the order for up to 10 years.

5. If a respondent is found to have violated a protective order, the court is mandated to set a

civil bond on the respondent in an amount not less than $2,500. The court may set a

reasonable amount greater that $2,500 to assure the safety of the petitioner. If the

respondent does not post the bond, the respondent can be held in contempt of court.

Moreover, if the respondent fails to comply with the bond requirements, the court must

declare the bond forfeited. There is no prohibition in the statute to this bond being

imposed for violating the ex parte protective order. The forfeited bond will be reduced to

judgment and enforced as a civil judgment.

6. The burden of proof necessary for the final order of protection to issue based on the

petition is the general civil standard of preponderance of the evidence. A conviction for

violating a protective order requires evidence to support the general criminal standard of

proof beyond a reasonable doubt.

H. Alternatives to an Order of Protection:

1. In lieu of an Order of Protection, parties used to be able to compromise and ask the court

to issue a Mutual Stay Away Order. This compromise usually endured itself to the benefit

of the respondent as the Order was never entered into NCIC or TCIS and none of the federal

sanctions applied, as long as the application for a protective order was disposed of properly.

No longer. As of September 28, 2010, Mutual Stay Away Orders are prohibited. The Court of

Appeals found that at a hearing following the entry of an ex parte protective order, the court

has two options: (1) to dissolve the ex parte protective order; or (2) extend the order of

protection for definite period not to exceed 1 year. Moreover, the court may not enter any

order which is not one of the statutory options available to the court.

I. Sanctions and Penalties for Violating Protective Orders:

1. An arrest can be made by law enforcement without a warrant based upon reasonable

suspicion that the protective order is being violated or has been violated and the offense

need not occur in the officer’s presence. Constructive notice or actual notice to the

respondent is all that is required for person to be arrested for an alleged violation which

occurs subsequent to constructive service but prior to physical personal service.

2. If a respondent has notice of an ex parte protective order, a final protective order or any

other court-imposed restraining order prohibiting contact with the victim or the victim’s

property, the respondent, in addition to being charged with violating a protective order,

may also be charged with Aggravated Stalking, a Class E felony, and any sentences imposed

must be served consecutively unless the court specifically orders otherwise.

3. It is worth noting that if an Order of Protection application has been successfully defended

by the respondent following (a) a due process hearing and (b) a denial of the issuance

of a final protective order all public records are subject to being expunged.

4. In addition to law enforcement being able to arrest without a warrant based upon

reasonable suspicion, the arrestee is subject to being held for 12 hours prior to being allowed

to being released on bail. The arrestee can be released in less than 12 hours if the

magistrate is satisfied that sufficient time has passed, or will pass by the time the defendant

completes the booking process, that the victim will be safe.

5. Upon conviction for the offense of violating an ex parte protective order, a final order of

protection or conditions of bail (Order Granting Bail for Abuse Cases), these offenses

are a “misdemeanor crime[s] of domestic violence” for the purposes of 18 U.S.C. § 921

(Federal firearms and ammunition prohibitions.

6. Summary of charges if the violation involves a victim of domestic violence as defined in

Tenn. Code Ann. § 36-3-601(11) are as follows:

a. Ex Parte Order of Protection: contempt of court only.

b. Final Order of Protection: contempt of court and a Class A misdemeanor.

c. Conditions of Release Order (Order Granting Bail for Abuse Cases): contempt of court.

d. If the violation involves a victim of sexual assault [§ 39-3-601(9)], stalking

[§36-3-601(10)] or elder abuse [§ 71-6-119] for a violation of an Ex Parte Order or

conditions of release order (Order Granting Bail in Abuse Cases) contempt of court only.

7. All persons arrested for a violation of a protective order or a restraining order is to be

immediately taken before a magistrate to face the charge of contempt of court. Thus, all

persons so arrested for violating an ex parte protective order, a final protective order or a

court-approved consent agreement are to be presumptively charged with at least contempt of

court, and perhaps a Class A misdemeanor as well.

8. The clerk will set a hearing within 10 working days after arrest and the magistrate will

immediately proceed to the issue of appropriate bail and conditions of release upon a finding

of probable cause and issuance of a criminal warrant.

J. Appeals Process:

1. To the extent that the appellate process is addressed in Collins v. Phariss (holding that

protective orders should only be issued if the alleged victim is shown to be in need of the

protections the order provides), it is overruled by statute.

2. Any appeal from a final protective order issued in General Sessions Court the appeal shall

be de novo to the Circuit or Chancery County of the county and must be filed within 10 days.

Any appeals from the Circuit Court, Chancery Court or Juvenile Court shall be made to the

Court of Appeals, which includes criminal contempt findings for violating an ex parte

protective order or a final protective order. Any conviction for violating a final protective

order as a Class A misdemeanor from General Sessions Court the appeal is to the Circuit or

Criminal Court of the county exercising criminal jurisdiction, from which an appeal lies to the

Court of Criminal Appeals.

3. Make sure you have the best possible record for the appellate court. A transcribed tape

recording of the proceeding, even if transcribed by a certified court reporter, may not satisfy

the appellate court.

 

THE END

THANK YOU FOR YOUR KIND ATTENTION!

References

(1) United States Constitution, Article IV, § 1.
(2) 18 U.S.C. § 2265, et. seq. The Act applies to every person who is a proper party to a Protective Order regardless of sex, gender, sexual orientation or national origin. The Act is also gender-neutral in its application 18 U.S.C. § 2265(a).
(3) The Armed Services Domestic Security Act gives recognition to Full Faith and Credit enforcement on military installations. 10 U.S.C. § 1561, et. seq.

(4) 18 U.S.C. § 922(g) (2) – (9).
(5) Tennessee law provides that any weapons confiscated which were not used in the commission of the offense be returned when the case is concluded. Tenn. Code Ann. 
§ 36-3-620 (2) (b). Moreover, an officer is not required to remove a weapon, however it was discovered, if in the sole opinion of the officer the victim needs the weapon for self defense. Tenn. Code Ann. § 36-3-620(a) (2).
(6) Tenn. Code Ann. § 40-11-150 (d). I typically give the victim a copy in open court if the victim is present, whether or not the victim is the affiant on an affidavit of complaint.
(7) Tenn. Code Ann. 36-3-601, et. seq.
(8) 2009 Tenn. Pub. Acts, Chapter 455, effective July 1, 2009. Tenn. Code Ann. § 36-3-604. Tennessee’s statute addresses possession of firearms only. There is not one word regarding the possession of ammunition, even though the federal prohibition is against possession of both while under the disability of an order of protection or conviction for a domestic violence offense.
(9) Query: Since when does the language in a form, which is not authorized by the legislature, constitute the basis for charging a person with criminal sanctions in the absence of a statute which provides for such a sanction? I just thought I would ask.
(10) In the domestic violence context, sentencing is mandatory consecutive sentencing for multiple offenses based in whole or in part on the same factual allegations, unless the court specifically orders concurrent sentencing. Tenn. Code. Ann. § 39-13-113(g); Tenn. Code Ann. § 39-17-315 (c) (1) (E) [Aggravated Stalking]. Also note that this is contrary to Rule 32, Tenn. R. Cr. P. in which all sentencing is concurrent unless the court specifically orders otherwise.
(11) 18 U.S.C. § 925(a) (1).
(12) Federal minimum requirements for a final protective order to be recognized as a federal qualifying protective order: (1) There must have been a due process hearing; AND (2) the terms of the Order must impose a specific restraint on the respondent; AND (3) there must be a judicial affirmative finding of a credible threat or express prohibition on the respondent’s part (critical requirement); AND (4) the relationship requirement (e. g. offense must have been committed by a current or former intimate partner, current or former spouse, parent or guardian of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitation with the victim or has cohabitated with the victim. Note that federal law does not recognize a dating relationship as a misdemeanor crime of domestic violence as a qualifying relationship. 18 U.S.C. § 921(a) (33), but Tennessee does. See, generally, Domestic Assault, Tenn. Code Ann. § 39-13-111. 
(13) Tenn. Code Ann. § 36-3-601 (1). Same definitional requirements are used for stalking and sexual assault cases.
(14) Tenn. Code Ann. § 36-3-606 (a).
(15) Collins v. Pharris, M1999-COA-R3-CV, 2001 WL 219652 (Tenn. App., March 7, 2001).
(16) Tenn. Code Ann. § 36-3-601 (9), (10); Tenn. Code Ann. § 71-6-119.
(17) Tenn. Code Ann. § 71-6-117.
(18) Tenn. Atty. Gen. OP 01-33, March 12, 2001.
(19) Tenn. Code Ann., § 36-3-619 (b), (g) (3).
(20) Tenn. R. Cr. P. Rules 4 (a) and 5 (a).
(21) Davidson County General Sessions Court, through Night Court, averages 293 applications requested before a magistrate per month on three shifts broken down as follows: 2,593 cases were assigned to General Sessions Court averaging 216 cases per month and 919 cases were assigned to be heard in the Circuit Court averaging 77 cases per month. For 2010, 3,512 petitions for protective orders were filed. Source: Davidson County Circuit Court Clerk, the Honorable Richard R. Rooker. No figures were available from Juvenile Court.
(22) 2009 Tenn. Pub. Acts, Chapter 263.
(23) Tenn. Code Ann. 36-3-617.
(24) 2011 Tenn. Pub. Acts, Chapter 402, § 1.
(25) Id., § 2.
(26) There is no impediment to scanning the forms into a word processor and filing in the blanks accordingly. Any legally sufficient form should not be refused for filing.
(27) Tenn. Code Ann. § 36-3-604.
(28) Tenn. Code Ann. § 36-3-605 (a).
(29) 2011 Tenn. Pub. Acts, Chapter 39.
(30) Tenn. Code Ann. § 36-3-606(b).
(31) Att’y Gen. Op. 10-06, issued January 19, 2010.
(32) 2011 Tenn. Pub. Acts, Chapter 0253, which became effective on May 23rd, 2011.
(33) Tenn. Code Ann. § 36-3-605(b). If the request for an extension is made after the protective order expires, a new application must be made addressing only those facts that have occurred since the initial protective order expired. The new petition for a protective order cannot relay on prior facts already adjudicated to have merit.
(34) Tenn. Code Ann. § 36-3-608(c). 
(35) Tenn. Code Ann. § 36-3-605(d).
(36) Tenn. Code Ann. § 36-3-610.
(37) Angela Merriman v. Brian Merriman, E2010-00013-COA-R3-CV (Tenn. Ct. App., September 28, 2010).
(38) Tenn. Code Ann. § 36-3-619(a), (b). Note: The hearing before a magistrate is still based upon a probable cause determination, not law enforcement’s reasonable suspicion.
(39) Tenn. Code Ann. § 36-3-611(b).
(40) Tenn. Code Ann. § 39-17-315(c) (1) (E). Take note that contrary to Rule 32, Tenn. R. Cr. P., sentencing for multiple domestic violence offenses based on whole or in part on the same facts must be consecutively served.
(41) Tenn. Code Ann. § 40-32-101(a) (5).
(42) Tenn. Code Ann., 40-11-150.
(43) See, Att’y Gen. Op. 06-085, May 9, 2006. The issue of dual prosecutions for the same conduct has apparently been allowed in Tennessee. The most recent cases involving dual sentencing for the same conduct finding no double jeopardy are: State v. Jonathan Wesley Stephenson, E2003-01091-SC-DDT-DD*5 (Tenn., June 2, 2006); Cf. State v. Wyche, 914 S.W. 2d 558 (Tenn. Cr. App., 1995); State v. Wolfenbarger, 1991 WL 66571 (Tenn. Cr. App., Knoxville, April 26, 1991, perm. to appeal denied (Tenn., 1992); State v. Sammons, 656 S.W.2d 862 (Tenn. Cr. App., 1982).
(44) State of Tennessee v. Karen Ann Matthews, M2010-02601-CCA-R3-CD, No application for permission to appeal was filed (Tenn. Cr. App., August 26, 2011).
(45) Tenn. Code Ann. § 39-13-113.
(46) Id.
(47) See, Tenn. R. Cr. P. 5(c), (d). If the defendant is unable to post bail remaining in custody, a preliminary hearing must be set within 10 calendar days, as opposed to working days.
(48) Collins v. Phariss, M1999-COA-R3-CV, 2001 LW 219652 (Tenn. App., March 7, 2001).
(49) Tenn. Code Ann. § 36-3-601(2) (F).
(50) Autry v. Autry, 83 S.W.3d 785 (Tenn. App., 2002)