Questions

The information here is based on Tennessee Law and you should always check your local laws for what applies to your specific circumstances. Not intended to be legal advice.

What changes occurred in the TCA 39-13-111 law recently?
Effective July 1, 2000 the following changes to the TCA law were enacted.
A. As used in the section family or household member means spouse, former spouse, person related by blood or marriage, or person who currently resides or in the past has resided with that person as if a family or a person who has a child or children in common with that person regardless of whether they have been married or resided together at any time.
B. A person commits domestic assault who commits assault as defined in TCA 39-13-101 against a person who is that persons family or household member.
C. Domestic assault is punishable the same as assault in 39-13-101

Who can be a victim of domestic violence?
Domestic violence knows no boundaries. Anyone can be a victim of domestic violence. People from all races, social classes, and religions can be victims. In Tennessee the law says domestic violence "Victim" means any person who falls within the following categories and who a law enforcement officer has determined is not a primary aggressor under the factors set out in TCA § 36-3-619(c):
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 (9)(A)-(E).

What is a safety plan?
A safety plan is a plan of how to react to a domestic violence situation that is decided upon and rehearsed prior to the incident. If you have a safety plan in place and rehearse the plan, it will be easier to react safely to a violent incident. A safety plan includes things such as where are the escape routes in your home, a list of numbers for the police department or other agencies that may become involved, having extra keys, clothes, and money in a place where you can get to them quickly, telling close friends about the violence so they can help, and teaching your children how to call police and give information about their address and what is happening if a violent incident occurs.

Who needs to know about my safety plan?
Close friends you trust. NOT YOUR ABUSER!! If your abuser has access to your plan, then your plan will not be as effective and can be used against you.

What is an order of protection?
It is an order issued by the courts that is much like a civil restraining order, only a violation can result in the arrest of the violator. It is not bullet proof, it won't stop a knife or a fist, but it is a good tool for law enforcement to use to intervene in a situation before violence occurs. The order can prohibit your abuser from contacting, phoning, threatening, or stalking you. It may also prohibit your abuser from coming to your home.
The following applies to TN State residents, according to TN State Law:
TCA 36-3-606. Scope of protection order.
(a) A protection order granted under this part to protect the petitioner from domestic abuse may
include, but is not limited to:
(1) Directing the respondent to refrain from committing domestic abuse or threatening to commit
domestic abuse against the petitioner or the petitioner's minor children;
(2) Prohibiting the respondent 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; or
(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 subpart.
(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
which 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 family or household member as defined in § 36-3-601(4)(D) or (E), 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.

Am I eligible for an order of protection?
If you are a victim of domestic violence, you are eligible to get an order of protection.
TCA 36-3-602. Application of part.
A. Any victim who has been subjected to, or threatened with or placed in fear of, domestic abuse by an adult who falls into one of the categories set forth in § 36-3-601(9)(A)-(F) may seek relief under
this part by filing a sworn petition alleging such domestic abuse by the respondent.
B. 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.

How much does an order of protection cost?
It is free to apply for an order of protection. The actual court cost of the order of protection is usually taxed to the respondent (abuser) and in Rutherford Co. the costs range from $160 - $260.
TCA 36-3-617. Protection order - Filing costs and assistance.
Notwithstanding any other provision of law to the contrary, the petitioner shall not be required to pay any
filing fees, litigation taxes or any other costs associated with the filing, issuance or enforcement of an order of
protection authorized by this part upon the filing of the petition. The judge shall assess court costs and
litigation taxes at the hearing of the petition or upon dismissal of the petition. If the court, after the hearing,
issues or extends an order of protection, petitioner's court costs and attorney fees shall be assessed against
the respondent. The clerk of the court may provide order of protection petition forms to agencies that
provide domestic violence assistance. Any agency that meets with a victim in person and recommends that
an order of protection be sought shall assist the victim in the completion of the form petition for filing with the
clerk. No agency shall be required to provide this assistance unless it has been provided with the
appropriate forms by the clerk.

How do I get an order of protection?
Generally, you can get an application at your court clerks office. The process varies from state to state, and from jurisdiction to jurisdiction. In Rutherford Co. TN, you would contact the Domestic Violence Program in Murfreesboro. 615-890-2612. An application will be filled out. If the judge accepts the application, there will be an exparte order or temporary order issued. Once the exparte order is served on your abuser there will be another court hearing in which both you and your abuser will go before the judge. At that time the judge will determine if an order of protection will be issued.
What happens if the order of protection is violated?
If your abuser violates the order of protection, they can be arrested.
TCA 36-3-611. Arrest for violation of protection order.
(a) An arrest for violation of an order of protection issued pursuant to this part may be with or without
warrant. Any law enforcement officer shall arrest the respondent without a warrant if:
(1) The officer has proper jurisdiction over the area in which the violation occurred;
(2) The officer has reasonable cause to believe the respondent has violated or is in violation of an
order for protection; and
(3) The officer has verified whether an order of protection is in effect against the respondent. If
necessary, the police officer may verify the existence of an order for protection by telephone or radio
communication with the appropriate law enforcement department.
(b) No ex parte order of protection can be enforced by arrest under this section until the respondent
has been served with the order of protection or otherwise has acquired actual knowledge of such
order.

How long does an order of protection last?
TCA 36-3-608. Duration of protection order - Modification.
(a) All orders of protection shall be effective for a fixed period of time, not to exceed one (1) year.
(b) The court may modify its order at any time upon subsequent motion filed by either party together
with an affidavit showing a change in circumstances sufficient to warrant the modification

What is an arrest warrant?
An arrest warrant is a document issued by a judge or judicial commissioner that give law enforcement officials the power to arrest a citizen and bring them before the court that issued the warrant. It is based on probable cause evidence.

How much does an arrest warrant cost?
An arrest warrant is free.

How do I get an arrest warrant?
This process varies from jurisdiction to jurisdiction. In Rutherford Co. you would go to the General Sessions clerk's office and fill out an affidavit. If the judge or judicial commissioner believes you have probable cause that a crime was committed, then a warrant will be issued.

Can I be notified when my abuser is released from custody?
Yes. In Tennessee the law requires law enforcement agencies to make a good faith effort to notify victims of their abuser's release from custody, unless you specify you don't wish to be notified.
TCA 36-3-615. Notification to victim that family or household member arrested for assault may be released on bond.
(a) After an adult, who falls into one (1) of the categories set forth in § 36-3-601(9)(A)-(F), has been
arrested for assault pursuant to § 39-13-101, or aggravated assault pursuant to § 39-13-102 against a
victim as defined in this part, the arresting officer shall inform the victim that the person arrested may
be eligible to post bond for the offense and be released until the date of trial for the offense.
(b) Subsection (a) is solely intended to be a notification provision, and no cause of action is intended
to be created thereby.

What is a bond order?
It is a condition of bond set by a judicial commissioner or magistrate, which prohibits the defendant from committing certain acts while out on bond. Those acts can range from, but are not limited to, contacting the victim, using drugs or alcohol, making threats to the victim, or possessing weapons.
TCA 40-11-150. Determination of risk to victim or family members prior to release - Conditional release.
(a) In addition to the factors set out in § 40-11-118, in making a decision concerning the amount of bail
required for the release of a defendant who is arrested for any criminal offense defined in title 39, chapter
13, in which the alleged victim of the offense is a family or household member as defined in § 36-3-601, or
is in violation of an order of protection as authorized by title 36, chapter 3, part 6, the magistrate shall
review the facts of the arrest and detention of the defendant and determine whether the defendant is:
(1) A threat to the alleged victim or other family or household member;
(2) A threat to public safety; and
(3) Reasonably likely to appear in court.
(b) Before releasing a person arrested for or charged with an offense specified in subsection (a), or a
violation of an order of protection, the magistrate shall make findings on the record if possible concerning
the determination made in accordance with subsection (a), and shall impose one (1) or more conditions of
release or bail on the defendant to protect the alleged victim of any such offense and to ensure the
appearance of the defendant at a subsequent court proceeding. The conditions may include:
(1) An order enjoining the defendant from threatening to commit or committing specified offenses against the
alleged victim or other family or household member;
(2) An order prohibiting the defendant from harassing, annoying, telephoning, contacting or otherwise
communicating with the alleged victim, either directly or indirectly;
(3) An order directing the defendant to vacate or stay away from the home of the alleged victim and to stay
away from any other location where the victim is likely to be;
(4) An order prohibiting the defendant from using or possessing a firearm or other weapon specified by the
magistrate;
(5) An order prohibiting the defendant from possession or consumption of alcohol or controlled substances;
and
(6) Any other order required to protect the safety of the alleged victim and to ensure the appearance of the
defendant in court.
(c) Concurrent with the imposition of one (1) or more conditions of release, the magistrate shall:
(1) Issue a written order for conditional release containing the conditions of such release on a form prepared
by the administrative office of the courts, in consultation with the Tennessee task force against domestic
violence and distributed to judges and magistrates by the administrative office of the courts;
(2) Immediately distribute a copy of the order to the law enforcement agency having custody of the
defendant, which agency shall file and maintain such order in the same manner as is done for orders of
protection; and
(3) Provide such law enforcement agency with any available information concerning the location of the
victim in a manner that protects the safety of the victim.
(d) The law enforcement agency having custody of the defendant shall provide a copy of the conditions to
the defendant upon the defendant's release. Failure to provide the defendant with a copy of the conditions of
release does not invalidate the conditions if the defendant has notice of such conditions.
(e) If conditions of release are imposed without a hearing, the defendant may request a prompt hearing
before the court having jurisdiction of the offense for which the defendant was arrested or is charged to
review the conditions. Upon such a request, the court shall hold a prompt hearing to review the
conditions.
(f) When a defendant who is arrested for or charged with an offense specified in subsection (a) or with a
violation of an order of protection is released from custody, the law enforcement agency having custody of
the defendant shall:
(1) Use all reasonable means to immediately notify the victim of the alleged offense of the release and of the
address and telephone number of the nearest source of assistance to victims of domestic violence, including,
but not limited to, shelters, counseling centers or other appropriate community resources; and
(2) Send the victim at such victim's last known address a copy of any conditions of release. If the victim is
present at the time such conditions are imposed, a copy of the conditions may be given to the victim at that
time; provided, that failure to furnish the victim a copy of any conditions of release shall not constitute
negligence per se by the law enforcement agency.
(g) Release of a defendant who is arrested for or charged with a crime specified in subsection (a) or with a
violation of an order of protection shall not be delayed because of the requirements of subsection (f).
(h) (1) Any offender arrested for any criminal offense defined in title 39, chapter 13, in which the alleged
victim is a family or household member shall not be released within twelve (12) hours of such arrest if the
magistrate or other official duly authorized to release such offender finds that such offender is a threat to the
alleged victim. Such official may, however, release the accused in less than twelve (12) hours if the official
determines that sufficient time has or will have elapsed for the victim to be protected.
(2) Such written findings must be attached to the warrant and shall be preserved as a permanent part of the
record. The arresting officer shall make official note of the time of the arrest in order to establish the
beginning of the twelve-hour period provided for in this subsection.
(i) A person who violates a condition of release imposed pursuant to this section shall be subject to
immediate arrest with or without a warrant as provided in § 40-7-103(b). Such a violation shall be punished
as contempt of the court imposing the conditions and the bail of such violator may be revoked.
What happens if the bond order is violated?
If the bond order is violated, then the defendant's bond can be revoked. If the bond is revoked, then the defendant will be re-arrested and they will have to go before the judge to answer for the violation.
TCA 40-7-103. Grounds for arrest by officer without warrant.
(b) If a law enforcement officer has probable cause to believe that a person has violated one (1) or more of
the conditions of release imposed pursuant to § 40-11-150, and verifies that the alleged violator received
notice of such conditions, the officer shall, without a warrant, arrest the alleged violator regardless of
whether the violation was committed in or outside the presence of the officer.
How long does a bond order last?
A bond order is only in effect while the defendant is on bond for the charges. Once there is a disposition on the case, the bond order expires.

These answers are "general" answers and are not intended to be legal advice. You should contact your local agency to get information that is specific to your situation, and location.