Tennessee § 36-3-602 - Petition — Venue.

§ 36-3-602. Petition — Venue.

Any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, or sexual assault, may seek relief under this part by filing a sworn petition alleging domestic abuse, stalking, or sexual assault by the respondent. Any petition filed by an unemancipated person under eighteen (18) years of age shall be signed by one (1) of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition, notice of hearing and any ex parte order of protection shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed on behalf of the unemancipated person by the department or the guardian ad litem. [Deleted by 2018 amendment.] Venue for a petition for an order of protection, and all other matters relating to orders of protection, shall be in the county where the respondent resides or the county in which the domestic abuse, stalking or sexual assault occurred. If the respondent is not a resident of Tennessee, the petition may be filed in the county where the petitioner resides. Acts 1979, ch. 350, §§ 3, 16; T.C.A., § 36-1203; Acts 1987, ch. 270, § 1; 1997, ch. 211, § 2; 1997, ch. 459, § 2; 2002, ch. 646, § 3; 2005, ch. 75, § 2; 2005, ch. 257, § 1; 2005, ch. 381, § 3; 2006, ch. 871, § 1; 2007, ch. 348, § 2; 2016, ch. 906, § 2; 2018, ch. 586, § 1. Compiler's Notes. Acts 2016, ch. 906, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Public Safety Act of 2016.” Amendments. The 2018 amendment deleted (c) which read: “(c)(1) A temporary order of protection shall be issued against a respondent pursuant to § 36-3-605 if, at the respondent's initial appearance following an arrest for a crime involving domestic abuse, the court finds there is probable cause to believe the respondent either:“(A) Caused serious bodily injury, as defined in § 39-11-106 , to the alleged domestic abuse victim; or“(B) Used or displayed a deadly weapon, as defined in § 39-11-106 .“(2) The alleged domestic abuse victim does not need to be present at the time the temporary order of protection is issued.“(3) A hearing on whether the temporary order of protection should be dissolved, extended, or modified shall be held within fifteen (15) days of service of the temporary order of protection upon the respondent. The domestic abuse victim shall have the right to notice of the hearing and the right to be present at the hearing. The procedures set forth in § 36-3-605 shall apply.“(4) The temporary order of protection may include any relief available under an ex parte order of protection issued pursuant to § 36-3-605.” Effective Dates. Acts 2018, ch. 586, § 4. July 1, 2018. Cross-References. Victims of Crime State Coordinating Council, title 40, ch. 38, part 4. Law Reviews. GPS Monitoring of Domestic Violence Offenders in Tennessee: Generating Problems Surreptitiously (Natalie Fox Malone), 43 U. Mem. L. Rev. 171 (2012). Monitoring of Domestic Violence Offenders in Tennessee: Generating Problems Surreptitiously, 43 U. Mem. L. Rev. 171 (2012). Attorney General Opinions. 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).