Tennessee § 36-3-601 - Part definitions.

§ 36-3-601. Part definitions.

As used in this part, unless the context otherwise requires: “Abuse” 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, malicious damage to the personal property of the abused party, including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor, or placing an adult or minor in fear of physical harm to any animal owned, possessed, leased, kept, or held by the adult or minor; “Adult” means any person eighteen (18) years of age or older, or who is otherwise emancipated; “Court,” in counties having a population of not less than two hundred sixty thousand (260,000) nor more than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census, means any court of record with jurisdiction over domestic relation matters; Notwithstanding subdivision (3)(A), “court,” in counties with a metropolitan form of government with a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, means any court of record with jurisdiction over domestic relation matters and the general sessions court. In such county having a metropolitan form of government, a judicial commissioner may issue an ex parte order of protection. Nothing in this definition may be construed to grant jurisdiction to the general sessions court for matters relating to child custody, visitation, or support; “Court,” in all other counties, means any court of record with jurisdiction over domestic relation matters or the general sessions court; “Court” also includes judicial commissioners, magistrates and other officials with the authority to issue an arrest warrant in the absence of a judge for purposes of issuing ex parte orders of protection when a judge of one of the courts listed in subdivisions (3)(A), (3)(B) or (3)(C) is not available; In counties having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, “court” means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. In such counties, “court” also includes judicial commissioners, magistrates and other officials with the authority to issue an arrest warrant in the absence of a judge for purposes of issuing any order of protection pursuant to this part when a judge of one of the courts listed in subdivisions (3)(A), (3)(B) or (3)(C) is not available. Nothing in this definition may be construed to grant jurisdiction to the general sessions court, both criminal and civil, for matters relating to child custody, visitation, or support; Any appeal from a final ruling on an order of protection by a general sessions court or by any official authorized to issue an order of protection under this subdivision (3) shall be to the circuit or chancery court of the county. Such appeal shall be filed within ten (10) days and shall be heard de novo; “Domestic abuse” means committing abuse against a victim, as defined in subdivision (5); “Domestic abuse victim” means any person who falls within the following categories: Adults or minors who are current or former spouses; Adults or minors who live together or who have lived together; Adults or minors who are dating or who have dated or who have or had a sexual relationship. As used herein, “dating” and “dated” do not include fraternization between two (2) individuals in a business or social context; Adults or minors related by blood or adoption; Adults or minors who are related or were formerly related by marriage; or Adult or minor children of a person in a relationship that is described in subdivisions (5)(A)-(E); “Firearm” means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use; “Petitioner” means the person alleging domestic abuse, sexual assault or stalking in a petition for an order for protection; “Preferred response” means law enforcement officers shall arrest a person committing domestic abuse unless there is a clear and compelling reason not to arrest; “Respondent” means the person alleged to have abused, stalked or sexually assaulted another in a petition for an order for protection; “Sexual assault victim” means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of any form of rape, as defined in § 39-13-502, § 39-13-503, § 39-13-506 or § 39-13-522, or sexual battery, as defined in § 39-13-504, § 39-13-505, or § 39-13-527; “Stalking victim” means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of the offense of stalking, as defined in § 39-17-315; and “Weapon” means a firearm or a device listed in § 39-17-1302(a)(1)-(7). Acts 1979, ch. 350, § 1; T.C.A., § 36-1201; Acts 1988, ch. 925, §§ 1, 2; 1991, ch. 380, § 1; 1994, ch. 764, § 1; 1995, ch. 507, § 3; 1996, ch. 684, § 1; 1997, ch. 96, § 1; 1997, ch. 211, § 1; 1997, ch. 459, §§ 1, 2; 1998, ch. 887, §§ 1, 2; 2001, ch. 96, §§ 1-3; 2002, ch. 646, §§ 1, 2; 2005, ch. 381, §§ 1, 2; 2007, ch. 348, § 1; 2007, ch. 352, § 1; 2019, ch. 433, § 1. Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Amendments. The 2019 amendment substituted “two hundred sixty thousand (260,000)” for “two hundred thousand (200,000)” in definition “Court”. Effective Dates. Acts 2019, ch. 433, § 2. May 21, 2019. Cross-References. Assault upon spouse, misdemeanor, § 39-13-102 . Confidentiality of public records, § 10-7-504 . Domestic violence training, § 4-24-111 . Family violence shelter and child abuse prevention services, title 71, ch. 6, part 2. Victims of crime state coordinating council, title 40, ch. 38, part 4. Law Reviews. Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987). Attorney General Opinions. Constitutionality of provision authorizing magistrates to issue ex parte protection orders, OAG 96-139, 1996 Tenn. AG LEXIS 164 (11/26/96). Appeals from grant or denial of order of protection, OAG 98-043, 1998 Tenn. AG LEXIS 43 (2/17/98). Constitutionality of Public Chapter 128, OAG 00-021, 2000 Tenn. AG LEXIS 21 (2/15/00). A judge “is not available” within the meaning of the statute when the judge cannot carry out the duties of office due to illness, disability, or other cause, when the judge is away from office, or when the judge is engaged in the performance of other judicial duties such that the judge would not be able to address the application for an order of protection within a reasonable amount of time, OAG 00-120, 2000 Tenn. AG LEXIS 122 (7/17/00). The issuance of a protection order in cases of domestic abuse does not require a prior determination by a law enforcement officer of the “primary aggressor;” protection orders are available to any individual who has suffered, or who is at risk of suffering, domestic abuse subject only to the statutory relationship limitations and a court's determination of good cause, OAG 01-033, 2001 Tenn. AG LEXIS 33 (3/12/01). Issuance of ex parte order of protection; discretion to order respondent to vacate residence shared with petitioner pending hearing. OAG 10-06, 2010 Tenn. AG LEXIS 6 (1/19/10). Confidentiality of orders of protection. OAG 11-9, 2011 Tenn. AG LEXIS 9 (1/18/11). An appeal from a general sessions court's order of protection is properly taken to the circuit or chancery court. OAG 14-69, 2014 Tenn. AG Lexis 71 (7/8/14). A district attorney general has no authority to represent a petitioner seeking a protective order. State statutes and local ordinances do not authorize a public defender to represent an individual defending against a petition for an order of protection; however, the ordinances governing the Shelby County's Public Defender's Office do not prohibit the Shelby County Public Defender from doing so. OAG 16-06, 2016 Tenn. AG LEXIS 4 (2/10/2016).