Tennessee Code Annotated
Tenn. Code Ann. § 36-3-602 (2026)
Petition - Venue
✓ current as of May 2026
- (a) 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, sexual exploitation of a minor, sexual assault, or a human trafficking offense, may seek relief under this part by filing a sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense 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. 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.
- (c) 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, sexual exploitation of a minor, sexual assault, or human trafficking offense occurred. If the respondent is not a resident of Tennessee, the petition may be filed in the county where the petitioner resides.
Amended by 2022 Tenn. Acts, ch. 1115, s 4, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1115, s 3, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 586, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 906, s 2, eff. 1/1/2017.
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.
Notes of Decisions
Cited in 33
cases (16 in the last 5 years), 1998–2025 · leading case: Lorna Mae Gibson v. Charles William Bikas, 556 S.W.3d 796 (Tenn. Ct. App. 2018).
Lorna Mae Gibson v. Charles William Bikas, 556 S.W.3d 796 (Tenn. Ct. App. 2018). “Following a subsequent bench trial, the trial court found that the petitioner had standing to petition for an order of protection on behalf of her children pursuant to Tennessee Code Annotated § 36-3-602(b). Also finding that the respondent posed a danger to the petitioner and…”
Cable v. Clemmons, 36 S.W.3d 39 (Tenn. 2001). “§ 36-3-602 (Supp.1999). Upon the filing of a petition, a court may issue an ex parte order of protection for “good cause,” which is defined as an “immediate and present danger of abuse to the petitioner.”
Angela Lydtin v. Adam Blake Carringer (Tenn. Ct. App. 2025). “” Tenn. Code Ann. § 36-3-602 (a). Abuse is defined as: (A) Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means; (B) Placing an adult or minor in fear of, or in, physical harm or physical restraint; (C) Causing malicious…”
Crystal N. Howard Elser v. Curtis M. Elser (Tenn. Ct. App. 2024). “Pursuant to Tenn. Code Ann. § 36-3-602 (a), “any domestic abuse victim,1 .”
Jennifer Ferrari-Bullock v. Justin Randall (Tenn. Ct. App. 2012). “§ 36-3-602 (c), regarding orders of protection: 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…”
Curtis Thomas v. Rhonda L. Gallman (Tenn. Ct. App. 2021). “ANALYSIS Under Tenn. Code Ann. § 36-3-602 (a), “Any domestic abuse victim .”
Michael Aveille on behalf of E.A. v. Bobby Moore (Tenn. Ct. App. 2025). “Tenn. Code Ann. § 36-3-602 (b). -4- V. CONCLUSION For the reasons stated above, we vacate the order of protection and remand for such further proceedings as may be necessary.”
Andrea Kay Honeycutt Ex Rel. Minor Child, Alexander H. v. Jonathan Honeycutt (Tenn. Ct. App. 2016). “1 By statute, “[a]ny domestic abuse victim, . . . who has been subjected to, threatened with, or placed in fear of, domestic abuse, .”
John McVoy v. Mary Ann Parks (Tenn. Ct. App. 2004). “Tenn. Code Ann. § 36-3-602 (c) (Supp. 2003).”
Catherine Claire Willcutts v. John Francis Willcutts (Tenn. Ct. App. 2004). “Bell-Beam was not a proper party to seek protective relief pursuant to T.C.A. § 36-3-602. While Father may be correct in his argument that counsel for a party to a divorce and child custody case is not entitled to file a motion or complaint for protection under this statute, we…”
Andrea Kay Honeycutt Ex Rel. Minor Child, Alexander H. v. Jonathan Honeycutt (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 36-3-602 (2014). Once a petition is filed, the court is authorized to issue an ex parte order of protection upon a showing of good cause.”
Kristy Billingsley v. Rhonda Gallman (Tenn. Ct. App. 2021). ““‘Stalking victim’ means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of the offense of stalking, as defined in § 39-17-315.”
— Tenn. Code Ann. § 36-3-602(a) — 14 cases
Kristy Billingsley v. Rhonda Gallman (Tenn. Ct. App. 2021). ““‘Stalking victim’ means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of the offense of stalking, as defined in § 39-17-315.”
Erika Jean Schanzenbach v. Rowan Skeen (Tenn. Ct. App. 2022).
Erika Jean Schanzenbach v. Althea Skeen (Tenn. Ct. App. 2022).
Erika Jean Schanzenbach v. Denise Skeen (Tenn. Ct. App. 2022).
Erika Jean Schanzenbach v. Cheryl Hanzlik (Tenn. Ct. App. 2022).
— Tenn. Code Ann. § 36-3-602(b) — 2 cases
Lorna Mae Gibson v. Charles William Bikas, 556 S.W.3d 796 (Tenn. Ct. App. 2018). “Following a subsequent bench trial, the trial court found that the petitioner had standing to petition for an order of protection on behalf of her children pursuant to Tennessee Code Annotated § 36-3-602(b). Also finding that the respondent posed a danger to the petitioner and…”
Lorna Gibson v. Charles Bikas (Tenn. Ct. App. 2018).
— Tenn. Code Ann. § 36-3-602(c) — 2 cases
Crystal N. Howard Elser v. Curtis M. Elser (Tenn. Ct. App. 2024). “Pursuant to Tenn. Code Ann. § 36-3-602 (a), “any domestic abuse victim,1 .”
Jennifer Ferrari-Bullock v. Justin Randall (Tenn. Ct. App. 2012). “§ 36-3-602 (c), regarding orders of protection: 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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.