Tennessee Code Annotated

Tenn. Code Ann. § 36-3-603 (2026)

Duration of protection order - Petition for protection order in divorce action

✓ current as of May 2026

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(a) If an order of protection is in effect at the time either the petitioner or respondent files a complaint for divorce, the order of protection shall remain in effect until the court to which the divorce action is assigned:
- (1) Modifies the order;
- (2) Dissolves the order; or
- (3) Makes the order part of the divorce decree.

(b) If the court modifies the order or makes the order of protection part of the divorce decree, the court shall issue a separate order of protection.

(c) The clerk shall immediately forward a copy of any order of protection issued and any subsequent modifications to the petitioner, respondent, and the local law enforcement agencies having jurisdiction in the area where the petitioner resides in the manner provided by § 36-3-609(e).

(d) Nothing in this section shall prohibit a petitioner from requesting relief under this part in a divorce action.

Amended by 2017 Tenn. Acts, ch. 241,s 1, eff. 7/1/2017.

Acts 1979, ch. 350, § 2; T.C.A., § 36-1202; Acts 1986, ch. 715, § 1.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 2000–2025 · leading case: State v. Gray, 46 S.W.3d 749 (Tenn. Ct. App. 2000).

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State v. Gray, 46 S.W.3d 749 (Tenn. Ct. App. 2000). · cites it 2× “In Davidson County the courts having jurisdiction include “any court of record with *751 jurisdiction over domestic relations matters and the general sessions court.”

Joann Mallinak Glassell v. Richard Lee Glassell, 152 S.W.3d 5 (Tenn. Ct. App. 2004). · cites it 4× “The order of protection was transferred to the Trial Court pursuant to Tenn. Code Ann. § 36-3-603 which provides as follows: 36-3-603.”

State of Tennessee v. Pejhman Ehsani (Tenn. Crim. App. 2025). · cites it 5× “The Circuit Court Judge cited T.C.A. § 36-3-603 as the authority behind his Court Order that the OP would be valid even without the agreed upon extension.”

Laura Nicole Harbin v. Casey Parker Jones (Tenn. Ct. App. 2013). · cites it 8× “Tenn. Code Ann. § 36-3-603 (2012). In addition, in support of her position, Mother cites two Tennessee cases, Collins v.”

Tambra Jo Swonger v. James Henry Swonger (Tenn. Ct. App. 2016). · cites it 4× “5 Tennessee Code Annotated § 36-3-603 provides: (a) If an order of protection is ordered by a court and either the petitioner or respondent files a complaint for divorce, the order of protection shall remain in effect until the court in which the divorce action lies modifies or…”

David Ashley Leonard v. Kimberly Champion Leonard (Tenn. Ct. App. 2024). · cites it 3× “Wife subsequently filed a motion to extend the order of protection to remain in effect through the resolution of divorce proceedings pursuant to Tennessee Code Annotated § 36-3-603 (West July 1, 2017, to current).”

Jennifer Ferrari-Bullock v. Justin Randall (Tenn. Ct. App. 2012). · cites it 4× “Pursuant to Tenn. Code Ann. § 36-3-603 (a), the provisions of the order of protection “shall remain in effect until the court in which the divorce action lies modifies or dissolves the order.”

Berchie Marie Wiser v. Raymond Winfred Wiser (Tenn. Ct. App. 2011). · cites it 2× “Tenn. Code Ann. §36-3-603 . The legislature recognized and intended that Orders of Protection can co-exist with other injunctive relief granted pursuant to a divorce.”

Andrea Kay Honeycutt Ex Rel. Minor Child, Alexander H. v. Jonathan Honeycutt (Tenn. Ct. App. 2016). “E2010-00593-COA- 2 Because the parties’ divorce case was already pending at the time the order of protection was entered, the order of protection was not extended by virtue of Tennessee Code Annotated § 36-3-603 (2014). 3 Tennessee courts have chosen to hear a moot case “(1)…”

Unknown (1970). “The device is called an “order of protection”, Tenn. Code Ann. § 36-3-603 , or a “protection order”, Tenn.”

— Tenn. Code Ann. § 36-3-603(a) — 1 case

Tambra Jo Swonger v. James Henry Swonger (Tenn. Ct. App. 2016). “5 Tennessee Code Annotated § 36-3-603 provides: (a) If an order of protection is ordered by a court and either the petitioner or respondent files a complaint for divorce, the order of protection shall remain in effect until the court in which the divorce action lies modifies or…”

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