Tennessee § 36-3-605 - Ex parte protection order — Hearing — Extension.

§ 36-3-605. Ex parte protection order — Hearing — Extension.

Upon the filing of a petition under this part, the courts may immediately, for good cause shown, issue an ex parte order of protection. An immediate and present danger of abuse to the petitioner shall constitute good cause for purposes of this section. Within fifteen (15) days of service of such order on the respondent under this part, a hearing shall be held, at which time the court shall either dissolve any ex parte order that has been issued, or shall, if the petitioner has proved the allegation of domestic abuse, stalking or sexual assault by a preponderance of the evidence, extend the order of protection for a definite period of time, not to exceed one (1) year, unless a further hearing on the continuation of such order is requested by the respondent or the petitioner; in which case, on proper showing of cause, such order may be continued for a further definite period of one (1) year, after which time a further hearing must be held for any subsequent one-year period. Any ex parte order of protection shall be in effect until the time of the hearing, and, if the hearing is held within fifteen (15) days of service of such order, the ex parte order shall continue in effect until the entry of any subsequent order of protection issued pursuant to § 36-3-609. If no ex parte order of protection has been issued as of the time of the hearing, and the petitioner has proven the allegation of domestic abuse, stalking or sexual assault by a preponderance of the evidence, the court may, at that time, issue an order of protection for a definite period of time, not to exceed one (1) year. The court shall cause a copy of the petition and notice of the date set for the hearing on such petition, as well as a copy of any ex parte order of protection, to be served upon the respondent at least five (5) days prior to such hearing. An ex parte order issued pursuant to this part shall be personally served upon the respondent. However, if the respondent is not a resident of Tennessee, the ex parte order shall be served pursuant to §§ 20-2-215 and 20-2-216. Such notice shall advise the respondent that the respondent may be represented by counsel. In every case, unless the court finds that the action would create a threat of serious harm to the minor, when a petitioner is under eighteen (18) years of age, 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 in the event that the parents are not living together and jointly caring for the child, upon the primary residential parent, pursuant to the requirements of this section. Within the time the order of protection is in effect, any court of competent jurisdiction may modify the order of protection, either upon the court's own motion or upon motion of the petitioner. If a respondent is properly served and afforded the opportunity for a hearing pursuant to § 36-3-612, and is found to be in violation of the order, the court may extend the order of protection up to five (5) years. If a respondent is properly served and afforded the opportunity for a hearing pursuant to § 36-3-612, and is found to be in a second or subsequent violation of the order, the court may extend the order of protection up to ten (10) years. No new petition is required to be filed in order for a court to modify an order or extend an order pursuant to this subsection (d). Acts 1979, ch. 350, § 5; T.C.A., § 36-1205; Acts 1987, ch. 270, § 6; 1997, ch. 459, §§ 2, 4, 5; 1998, ch. 715, § 2; 2004, ch. 588, § 2; 2005, ch. 75, § 1; 2005, ch. 381, § 4; 2006, ch. 676, § 1; 2006, ch. 871, § 2; 2007, ch. 348, § 4. Compiler's Notes. Acts 2004, ch. 588, § 3 provided that, for the purpose of changing any forms necessary to implement the provisions of the act, the act shall take effect May 3, 2004; for all other purposes, it shall take effect on July 1, 2004. Cross-References. Confidentiality of public records, § 10-7-504 . Law Reviews. Enjoining Abuse: The Case for Indefinite Domestic Violence Protection Orders, 67 Vand. L. Rev. 1015 (2014). GPS Monitoring of Domestic Violence Offenders in Tennessee: Generating Problems Surreptitiously (Natalie Fox Malone), 43 U. Mem. L. Rev. 171 (2012). Attorney General Opinions. Judicial commissioners, magistrates, or other officials with the authority to issue an arrest warrant may not conduct a hearing or issue an extended order of protection, OAG 01-027, 2001 Tenn. AG LEXIS 27 (2/27/01). 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). An ex parte order of protection issued under T.C.A. § 36-3-605 is not a type of protective order whose violation is a Class A misdemeanor under T.C.A. § 36-3-612 , OAG 05-183, 2005 Tenn. AG LEXIS 185 (12/22/05). 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).