Tennessee § 36-3-612 - Contempt hearing.

§ 36-3-612. Contempt hearing.

A person arrested for the violation of an order of protection issued pursuant to this part or a restraining order or court-approved consent agreement, shall be taken before a magistrate or the court having jurisdiction in the cause without unnecessary delay to answer a charge of contempt for violation of the order of protection, restraining order or court-approved consent agreement, and the court shall: Notify the clerk of the court having jurisdiction in the cause to set a time certain for a hearing on the alleged violation of the order of protection, restraining order or court-approved consent agreement within ten (10) working days after arrest, unless extended by the court on the motion of the arrested person; Set a reasonable bond pending the hearing on the alleged violation of the order of protection, restraining order or court-approved consent agreement; and Notify the person to whom the order of protection, restraining order or court-approved consent agreement was issued to protect and direct the party to show cause why a contempt order should issue. Either the court that originally issued the order of protection or restraining order or a court having jurisdiction over orders of protection or restraining orders in the county where the alleged violation of the order occurred shall have the authority and jurisdiction to conduct the contempt hearing required by subsection (a). If the violation is of a court-approved consent agreement, the same court that approved the agreement shall conduct the contempt hearing for any alleged violation of it. If the court conducting the contempt hearing is not the same court that originally issued the order of protection or restraining order, the court conducting the hearing shall have the same authority to punish as contempt a violation of the order of protection or restraining order as the court originally issuing the order. Acts 1979, ch. 350, § 14; T.C.A., § 36-1214; Acts 1987, ch. 270, § 11; 1999, ch. 482, § 1; 2005, ch. 394, § 1; 2006, ch. 920, § 2. Attorney General Opinions. The 2005 revision of T.C.A. § 36-3-612 did not repeal by implication T.C.A. § 36-3-610 , authorizing a trial court to hold a respondent to an order of protection in civil or criminal contempt, or any other statute in Title 36, Chapter 3. OAG 05-183, 2005 Tenn. AG LEXIS 185 (12/22/05). 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). The 2005 revision of T.C.A. § 36-3-612 in no way modifies the authority of a trial court to punish the violation of a bail condition under the language of T.C.A. § 40-11-150(i) , OAG 05-183, 2005 Tenn. AG LEXIS 185 (12/22/05). Dual convictions for (1) criminal contempt of court for violating an order of protection under T.C.A. § 36-3-610 and (2) the Class A misdemeanor offense for knowingly violating a protective order under T.C.A. § 36-3-612 could be constitutionally supported, OAG 06-085, 2006 Tenn. AG LEXIS 94 (5/9/06). Enforcement of out-of-state and ex parte orders of protection. OAG 14-101, 2014 Tenn. AG LEXIS 104 (11/26/14).