How Tennessee’s Order of Protection Laws Have Changed and What That Means for You

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. If you or someone you know is facing criminal charges, consult a licensed Tennessee attorney immediately. 

An Order of Protection in Tennessee is one of the most powerful legal instruments a court can issue. It can remove someone from their home, restrict their access to their children, prohibit firearm possession, and generate a permanent record — often within 24 to 48 hours of a petition being filed, before the respondent has said a single word in court. 

And Tennessee’s order of protection statutes have undergone significant changes in recent years. 

If you have been served with an order of protection, or if you need one, understanding what the law actually says right now is not optional. Courts across Davidson, Williamson, Rutherford, and every other county in Middle Tennessee are applying these updated statutes today. 

What Is a Tennessee Order of Protection? 

An Order of Protection is a civil court order that restricts a person’s contact with and proximity to another individual. Despite being a civil proceeding, violating an order of protection is a criminal offense — a Class A misdemeanor under T.C.A. § 39-13-113(g), punishable by up to 11 months and 29 days in jail and a fine of up to $2,500. A first violation also extends the order itself and triggers a mandatory bond of no less than $2,500. (T.C.A. § 36-3-610) 

Repeat violations carry escalating consequences, including extended order durations — five years after a first violation, ten years after a second — and the potential for felony charges in certain circumstances. 

An order of protection also triggers federal firearm prohibitions under 18 U.S.C. § 922(g)(8), meaning a respondent subject to a qualifying order may be prohibited from possessing any firearm under federal law, regardless of state law rights. 

This is not just a piece of paper. It is a court order with criminal enforcement teeth. 

Who Can Seek an Order of Protection in Tennessee? 

Historically, Tennessee’s protection order laws focused primarily on domestic abuse — physical violence, threats, and harassment between household members or intimate partners. That scope has expanded significantly. 

Under T.C.A. § 36-3-601, a petitioner is defined as a person alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense. Recent legislative sessions have added new categories of qualifying conduct on top of that foundation. 

What Changed: Voyeurism Is Now Grounds for an Order of Protection

One of the most significant recent additions came with the Voyeurism Victims Act, signed into law in March 2025 (Public Chapter 62, effective July 1, 2025). 

The Act amends T.C.A. § 36-3-601 and related statutes to authorize an order of protection for any person subjected to, threatened with, or placed in fear of unlawful photography. This includes hidden cameras, non-consensual recording, and unauthorized photographs of intimate areas — even when there has been no physical contact or traditional threat of violence. 

Previously, victims of covert recording had limited civil remedies through Tennessee’s protection order statutes. That gap is now closed. A court can order a respondent to have no contact with the petitioner, stay away from specified locations, and surrender devices used in the conduct. 

What this means if you are facing voyeurism-based allegations: 

The standard of proof at the full hearing is preponderance of the evidence — meaning the judge only needs to find it more likely than not that the conduct occurred. This is a significantly lower bar than the criminal “beyond a reasonable doubt” standard. A protection order granted on these grounds can appear in background checks, affect housing and employment, and be used as evidence in any subsequent criminal prosecution under T.C.A. § 39-13-605. The hearing is not a formality. 

What Changed: Financial Exploitation Is Now Grounds for an Order of Protection 

Tennessee law now formally recognizes financial exploitation and economic abuse as grounds for seeking an order of protection. Under T.C.A. § 36-3-601, conduct that may now qualify includes: 

• Unauthorized use of another person’s financial accounts, credit cards, or assets 
• Coercive financial control — withholding money to create dependence or as punishment 
• Identity theft or fraud committed against a domestic partner or household member 
• Forging signatures or documents for financial gain at another person’s expense 
• Exploitation of elderly or vulnerable adults, including exerting undue influence over financial decisions, exploiting powers of attorney, or failing to act in a fiduciary’s best interest (T.C.A. § 36-3-601(6)(C)) 

This change is particularly significant in divorce and family law situations where one party controls marital finances. A Tennessee court may now issue a protection order — with all of its criminal enforcement mechanisms — based primarily on financial misconduct, even without any physical altercation. 

What this means if you are facing financial exploitation allegations: 

These cases are intensely fact-specific and typically hinge on financial records, account access logs, and witness testimony. A judge can issue a sweeping order affecting your access to shared finances, your residence, and your freedom of movement — based on allegations alone, before any conviction. 

Other Notable Changes: Cyberstalking and Broader Court Discretion 

Beyond voyeurism and financial crimes, courts have been given broader discretion in crafting the specific terms of orders, including provisions addressing social media contact, third-party communication, and the possession of tracking devices. Harassment conducted through electronic means — text messages, social media platforms, and tracking applications — is now more explicitly covered under the stalking provisions of T.C.A. § 36-3-601. 

Judges may also order a respondent to complete a batterer’s intervention program or counseling as part of the protection order terms, even without a criminal conviction. 

In 2023, the definition of “abuse” under T.C.A. § 36-3-601(1) was expanded to include acts inflicted on another indirectly through a third party — meaning the harmful conduct does not have to be direct to qualify. 

How the Process Works: Ex Parte Orders and Full Hearings 

The ex parte order: A petitioner can appear before a judge without the respondent present and request an emergency order. If the judge finds sufficient cause — typically imminent or immediate danger — an ex parte order can be issued within 24 to 48 hours. The respondent is then served, usually within days. 

The full hearing: Under T.C.A. § 36-3-605, the respondent must be served at least five days before the hearing, which is typically scheduled within 15 days of the ex parte order. This is the respondent’s opportunity to contest the order — to cross-examine the petitioner, present counter-evidence, and argue that the order should be denied, narrowed, or modified. 

These hearings are not formalities. They are legal proceedings with serious, lasting consequences. An experienced attorney can make a decisive difference between a record that follows someone for a year and one that follows them for a decade. 

If You Have Been Served: What Not to Do 

Being served with an order of protection is disorienting. The following mistakes make the situation significantly worse: 

Do not violate the order. Even a single call, text, or proximity violation is a criminal offense under T.C.A. § 39-13-113. You can be arrested without a warrant and held for 12 hours. Each violation is a separate offense. 

Do not contact the petitioner to resolve things. Any contact — even if well-intentioned — will almost certainly be treated as a violation and used against you at the full hearing. 

Do not assume the hearing will go well without preparation. Many respondents appear without counsel and are unable to effectively challenge the allegations. An attorney can cross-examine, present witnesses, and argue the law. 

Do not ignore the firearm prohibition. Under T.C.A. § 36-3-625, you may have to surrender firearms within 48 hours of the order’s issuance. Possession of a firearm while subject to a qualifying order is a Class A misdemeanor under state law — and under federal law (18 U.S.C. § 922(g)(8)), it is punishable by up to 10 years in federal prison. 

Frequently Asked Questions About Orders of Protection in Tennessee

What is an order of protection in Tennessee?

An order of protection is a civil court order restricting a person’s contact with another individual. It is granted in cases involving domestic abuse, stalking, sexual assault, human trafficking, and — following recent legislative changes — voyeurism and financial exploitation. Violating the order is a criminal offense under T.C.A. § 39-13-113. 

How quickly can an order of protection be issued in Tennessee? 

An ex parte order — issued without the respondent present — can be granted within 24 to 48 hours of filing if the judge finds sufficient cause. A full hearing where the respondent can contest the order is typically scheduled within 15 days. 

Can I fight an order of protection in Tennessee? 

Yes. At the full hearing, a respondent has the right to appear, present evidence, cross-examine the petitioner, and contest the allegations. If the court does not find sufficient grounds, the order can be denied or dismissed. An attorney bolsters the ability to mount an effective challenge. 

Does an order of protection affect my gun rights in Tennessee?

Yes. Under federal law (18 U.S.C. § 922(g)(8)), a person subject to a qualifying order of protection may be prohibited from possessing any firearm. Possession of a firearm while under a qualifying order is a federal crime punishable by up to 10 years in prison. Tennessee law (T.C.A. § 36-3-625) also requires respondents to surrender firearms within 48 hours of issuance in many circumstances. 

What happens if I violate an order of protection in Tennessee?

A knowing violation is a Class A misdemeanor under T.C.A. § 39-13-113(g), punishable by up to 11 months and 29 days in jail and a fine up to $2,500. Each violation is a separate offense. A first violation extends the order to five years; a second extends it to ten. Felony charges are possible if additional criminal conduct is involved. 

Can an order of protection be used as evidence in a criminal case? 

Yes. A protection order granted on any grounds — including voyeurism or financial exploitation — can be introduced as evidence in a subsequent criminal prosecution. This is one of the most significant downstream consequences of losing at the full hearing. 

Does Tennessee recognize orders of protection from other states? 

Yes. Under T.C.A. § 36-3-606(E), Tennessee courts are required to recognize and enforce valid orders of protection issued by other states under the full faith and credit principle. 

The Stakes Are Higher Than Most People Realize 



An Order of Protection is not a domestic disagreement. It is a legal instrument with immediate, serious consequences — affecting where you live, whether you can see your children, whether you can possess a firearm, and what appears when an employer or landlord runs a background check. 

Whether you need one, or you have been served with one, these cases move fast and the consequences are not temporary. Experienced legal counsel is not a luxury here. It is the difference between a hearing you are prepared for and one you are not. 

Joseph Fuson and Nick Schulenberg are attorneys at Freeman & Fuson in Nashville, Tennessee, with extensive experience handling orders of protection for both petitioners and respondents. Call (615) 298-7272. 

This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.