Tennessee Code Annotated

Tenn. Code Ann. § 36-3-605 (2026)

Ex parte protection order - Hearing - Extension

✓ current as of May 2026

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(a) Upon the filing of a petition under this part, the courts may immediately, for good cause shown, issue an ex parte order of protection. An immediate and present danger of abuse to the petitioner shall constitute good cause for purposes of this section.

(b) Within fifteen (15) days of service of such order on the respondent under this part, a hearing must be held, at which time the court shall either dissolve any ex parte order that has been issued, or shall, if the petitioner has proved the allegation of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by a preponderance of the evidence, extend the order of protection for a definite period of time, not to exceed one (1) year, unless a further hearing on the continuation of such order is requested by the respondent or the petitioner; in which case, on proper showing of cause, such order may be continued for a further definite period of one (1) year, after which time a further hearing must be held for any subsequent one-year period. Any ex parte order of protection must be in effect until the time of the hearing, and, if the hearing is held within fifteen (15) days of service of such order, then the ex parte order must continue in effect until the entry of any subsequent order of protection issued pursuant to § 36-3-609. If no ex parte order of protection has been issued as of the time of the hearing, and the petitioner has proven the allegation of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by a preponderance of the evidence, then the court may, at that time, issue an order of protection for a definite period of time, not to exceed one (1) year.

(c) The court shall cause a copy of the petition and notice of the date set for the hearing on such petition, as well as a copy of any ex parte order of protection, to be served upon the respondent at least five (5) days prior to such hearing. An ex parte order issued pursuant to this part shall be personally served upon the respondent. However, if the respondent is not a resident of Tennessee, the ex parte order shall be served pursuant to §§ 20-2-215 and 20-2-216. Such notice shall advise the respondent that the respondent may be represented by counsel. In every case, unless the court finds that the action would create a threat of serious harm to the minor, when a petitioner is under eighteen (18) years of age, 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 in the event that the parents are not living together and jointly caring for the child, upon the primary residential parent, pursuant to the requirements of this section.

(d) Within the time the order of protection is in effect, any court of competent jurisdiction may modify the order of protection, either upon the court's own motion or upon motion of the petitioner. If a respondent is properly served and afforded the opportunity for a hearing pursuant to § 36-3-612, and is found to be in violation of the order, the court may extend the order of protection up to five (5) years. If a respondent is properly served and afforded the opportunity for a hearing pursuant to § 36-3-612, and is found to be in a second or subsequent violation of the order, the court may extend the order of protection up to ten (10) years. No new petition is required to be filed in order for a court to modify an order or extend an order pursuant to this subsection (d).

Amended by 2022 Tenn. Acts, ch. 1115, s 5, eff. 7/1/2022.

Acts 1979, ch. 350, § 5; T.C.A., § 36-1205; Acts 1987, ch. 270, § 6; 1997 , ch. 459, §§ 2, 4, 5; 1998, ch. 715, § 2; 2004, ch. 588, § 2; 2005, ch. 75, § 1; 2005, ch. 381, § 4; 2006, ch. 676, § 1; 2006, ch. 871, § 2; 2007 , ch. 348, § 4.

Notes of Decisions

Cited in 76 cases (29 in the last 5 years), 1997–2026 · leading case: Shayla Nicole Purifoy v. Devine Mafa, 556 S.W.3d 170 (Tenn. Ct. App. 2017).

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Shayla Nicole Purifoy v. Devine Mafa, 556 S.W.3d 170 (Tenn. Ct. App. 2017). · cites it 20× “Tenn. Code Ann. § 36-3-605 (emphasis added).”

Kite v. Kite, 22 S.W.3d 803 (Tenn. 1997). · cites it 12× “She further requested that a hearing be set within ten days pursuant to Tenn.Code Ann. § 36-3-605 and that notice be served upon the respondent.”

Sherry Jones v. Union Cnty., Tennessee Union Cnty. Sheriff's Dep't, 296 F.3d 417 (6th Cir. 2002). · cites it 3× “Under Tennessee law, Tenn.Code Ann. § 36-3-605, a hearing on the domestic protection order must be held within fifteen days of service of the order, and the party served must be given at least five days notice of the hearing.”

Clark v. Crow, 37 S.W.3d 919 (Tenn. Ct. App. 2000). · cites it 10× “We grant this interlocutory appeal to consider a question of first impression regarding whether there is a right to jury trial prior to the issuance of an order of protection pursuant to Tennessee Code Annotated section 36-3-605, (hereinafter “order of protection”).”

Lorna Mae Gibson v. Charles William Bikas, 556 S.W.3d 796 (Tenn. Ct. App. 2018). · cites it 3× “See Tenn. Code Ann. § 36-3-605 (b) (providing that if a petitioner “has proved the allegation of domestic abuse, stalking or sexual assault by a preponderance of the evidence,” an ex parte order of protection may be extended for a “definite period of time, not to exceed one (1)…”

Cheryl Autry v. James Autry, 83 S.W.3d 785 (Tenn. Ct. App. 2002). · cites it 6× “Tenn. Code Ann. § 36-3-605 (a). Tennessee Code Annotated section 36-3-605 provides: (a) Upon the filing of a petition under this part, the courts may immediately, for good cause shown, issue an ex parte order of protection.”

Jacqueline G. Furlong v. Kevin Keane Furlong, 370 S.W.3d 329 (Tenn. Ct. App. 2011). · cites it 2× “Tenn.Code Ann. § 36-3-605(d) (2010) provides, in part, as follows: .”

Cable v. Clemmons, 36 S.W.3d 39 (Tenn. 2001). “§ 36-3-605(a) (1996 & Supp.1999). Within 15 days of service on the respondent, the court shall hold a hearing and either dissolve the ex parte order, if one had been issued, or extend the order of protection for a definite period of time not to exceed one year.”

State v. Armstrong, 256 S.W.3d 243 (Tenn. Crim. App. 2008). “§ 36-3-609, if the respondent to a petition for an order of protection has been served with a copy of the petition, notice of hearing, and any ex parte order issued pursuant to § 36-3-605(c), an order of protection “shall be effective when the order is entered.”

Matthew L. Armitage v. Andrea L. Kasulis (Tenn. Ct. App. 2025). · cites it 62× “28, 2023), requires petitioners -5- seeking orders of protection not only to satisfy the statutory requirements of Tenn. Code Ann. § 36-3-605 , but also to prove an “ongoing existing danger.”

Matthew L. Armitage v. Ginny Hale (Tenn. Ct. App. 2025). · cites it 58× “28, 2023), requires petitioners -5- seeking orders of protection not only to satisfy the statutory requirements of Tenn. Code Ann. § 36-3-605 but also to prove an “ongoing existing danger.”

Katherine Wehr Johnson v. Dustin Faeder (Tenn. Ct. App. 2026). · cites it 34× “]” Tenn. Code Ann. § 36-3-605 (b). The general sessions court ruled that the initial order of protection shall remain in effect until the trial court resolved the matter, which the trial court did on February 9, 2024.”

Show all 76 citing cases →

— Tenn. Code Ann. § 36-3-605(a) — 10 cases

Shayla Nicole Purifoy v. Devine Mafa, 556 S.W.3d 170 (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 36-3-605 (emphasis added).”

Kite v. Kite, 22 S.W.3d 803 (Tenn. 1997). “She further requested that a hearing be set within ten days pursuant to Tenn.Code Ann. § 36-3-605 and that notice be served upon the respondent.”

Cheryl Autry v. James Autry, 83 S.W.3d 785 (Tenn. Ct. App. 2002). “Tenn. Code Ann. § 36-3-605 (a). Tennessee Code Annotated section 36-3-605 provides: (a) Upon the filing of a petition under this part, the courts may immediately, for good cause shown, issue an ex parte order of protection.”

James Swanger v. Carrie Lowery (Tenn. Ct. App. 2017).

— Tenn. Code Ann. § 36-3-605(b) — 9 cases

Kite v. Kite, 22 S.W.3d 803 (Tenn. 1997). “She further requested that a hearing be set within ten days pursuant to Tenn.Code Ann. § 36-3-605 and that notice be served upon the respondent.”

Matthew L. Armitage v. Andrea L. Kasulis (Tenn. Ct. App. 2025). “28, 2023), requires petitioners -5- seeking orders of protection not only to satisfy the statutory requirements of Tenn. Code Ann. § 36-3-605 , but also to prove an “ongoing existing danger.”

Matthew L. Armitage v. Ginny Hale (Tenn. Ct. App. 2025). “28, 2023), requires petitioners -5- seeking orders of protection not only to satisfy the statutory requirements of Tenn. Code Ann. § 36-3-605 but also to prove an “ongoing existing danger.”

Katherine Wehr Johnson v. Dustin Faeder (Tenn. Ct. App. 2026). “]” Tenn. Code Ann. § 36-3-605 (b). The general sessions court ruled that the initial order of protection shall remain in effect until the trial court resolved the matter, which the trial court did on February 9, 2024.”

Andrea Kay Honeycutt Ex Rel. Minor Child, Alexander H. v. Jonathan Honeycutt (Tenn. Ct. App. 2016).

— Tenn. Code Ann. § 36-3-605(c) — 4 cases

Nasser Luby Saleh v. Lystacha G. Pratt (Tenn. Ct. App. 2022).

Debra Tipton v. John Harris (Tenn. Ct. App. 1998).

Deanna Mae Baxley v. Clinton Shawn Baxley (Tenn. Ct. App. 2015).

— Tenn. Code Ann. § 36-3-605(d) — 6 cases

Jacqueline G. Furlong v. Kevin Keane Furlong, 370 S.W.3d 329 (Tenn. Ct. App. 2011). “Tenn.Code Ann. § 36-3-605(d) (2010) provides, in part, as follows: .”

James Swanger v. Carrie Lowery (Tenn. Ct. App. 2017).

Toniann Whitaker v. James B. Devereaux (Tenn. Ct. App. 2018).

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