Tennessee Code Annotated
Tenn. Code Ann. § 36-3-609 (2024)
Effectiveness of order of protection - Service
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) If the respondent has been served with a copy of the petition, notice of hearing, and any ex parte order issued pursuant to § 36-3-605(c), any subsequent order of protection shall be effective when the order is entered. For purposes of this section, an order shall be considered entered when such order is signed by:
- (1) The judge and all parties or counsel;
- (2) The judge and one party or counsel and contains a certificate of counsel that a copy of the proposed order has been served on all other parties or counsel; or
- (3) The judge and contains a certificate of the clerk that a copy has been served on all other parties or counsel.
- (b)
- (1) As used in subsection (a), service upon a party or counsel shall be made by delivering to such party or counsel a copy of the order of protection, or by the clerk mailing it to the party's last known address. In the event the party's last known address is unknown and cannot be ascertained upon diligent inquiry, the certificate of service shall so state. Service by mail is complete upon mailing. In order to complete service of process in a timely manner on a party who lives outside the county where the order was issued, the clerk may transmit the order to the sheriff in the appropriate county by facsimile or other electronic transmission.
- (2) Notwithstanding § 16-15-902, an ex parte order of protection may be served within one (1) year of issuance.
- (c) Notwithstanding when an order is considered entered under subsection (a), if the court finds that the protection of the petitioner so requires, the court may order, in the manner provided by law or rule, that the order of protection take effect immediately.
- (d) If the respondent 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 issued pursuant to this part after a hearing shall be in full force and effect against the respondent from the time it is entered regardless of whether the respondent is present at the hearing.
- (e) A copy of any order of protection and any subsequent modifications or dismissal shall be issued to the petitioner, the respondent, the local law enforcement agencies having jurisdiction in the area where the petitioner resides, and any court other than the issuing court in which the respondent and petitioner are parties to an action. The petitioner and respondent shall notify the judge of any such court. Upon receipt of the copy of the order of protection or dismissal from the issuing court or clerk's office, the local law enforcement agency shall take any necessary action to immediately transmit it to the national crime information center.
Amended by 2021 Tenn. Acts, ch. 60, s 1, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 720, s 2, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 993,s 1, eff. 5/22/2014.
Acts 1979, ch. 350, § 11; T.C.A., § 36-1211; Acts 1987, ch. 270, § 8; 1993, ch. 484, § 2; 2000, ch. 638, § 1; 2000, ch. 781, § 1; 2004, ch. 588, § 1; 2011 , ch. 39, § 1.
Notes of Decisions
Cited in 17
cases (5 in the last 5 years), 2000–2025 · leading case: State v. Armstrong, 256 S.W.3d 243 (Tenn. Crim. App. 2008).
State v. Armstrong, 256 S.W.3d 243 (Tenn. Crim. App. 2008). “Moreover, we note that according to T.C.A. § 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…”
Wells Fargo Bank, NA v. Marcus Dorris, 556 S.W.3d 745 (Tenn. Ct. App. 2017). “Baxley, 2015 WL 8352630 , at *2 (citing Tenn. Code Ann. § 36-3-609 (a) (stating that an order “shall be considered entered” when the order is signed by the judge and all the parties, or signed by the judge and contains a certificate of service that the order had been served on…”
Matthews v. Pickett Cnty., TN, 136 F. Supp. 2d 861 (M.D. Tenn. 2000). “Section 36-3-609, a copy of this Order be issued to all local law enforcement agencies in PICKETT COUNTY.”
Matthew L. Armitage v. Ginny Hale, No. 2024-01905-COA-R3-CV (Tenn. Ct. App. Dec. 29, 2025). “Tenn. Code Ann. § 36-3-609 . Entry of an order of protection thereby establishes a public court record that is discoverable in a background check by future employers, housing rental agencies, and other entities.”
Matthew L. Armitage v. Andrea L. Kasulis, No. E2024-01906-COA-R3-CV (Tenn. Ct. App. Dec. 29, 2025). “Tenn. Code Ann. § 36-3-609 . Entry of an order of protection thereby establishes a public court record that is discoverable in a background check by future employers, housing rental agencies, and other entities.”
State of Tennessee v. Larry S. Reese - Dissenting, No. E2002-02003-CCA-R3-CD (Tenn. Crim. App. Nov. 14, 2003). “Tenn. Code Ann. § 36-3-609 . In the instant case, the record reflects that on February 8, 2000, the sessions court issued an ex parte order of protection.”
State of Tennessee v. Larry S. Reese, No. E2002-02003-CCA-R3-CD (Tenn. Crim. App. Nov. 14, 2003). “Tennessee Code Annotated section 36-3-609 requires that copies of an order of protection be issued to “the petitioner, the respondent, and the local law enforcement agencies having jurisdiction.”
Deanna Mae Baxley v. Clinton Shawn Baxley, No. E2015-00243-COA-R3-CV (Tenn. Ct. App. Dec. 9, 2015). “Tennessee Code Annotated section 36-3-609(a) provides, in pertinent part as follows: (a) If the respondent has been served with a copy of the petition, notice of hearing, and any ex parte order issued pursuant to § 36-3-605(c), any subsequent order of protection shall be…”
Tambra Jo Swonger v. James Henry Swonger, No. E2015-01130-COA-R3-CV (Tenn. Ct. App. Apr. 28, 2016). “Any ex parte order of protection shall be in effect until the time of the hearing, and, if the hearing is held within fifteen (15) days of service of such order, the ex parte order shall continue in effect until the entry of any subsequent order of protection issued pursuant to…”
Karen Elizabeth Phillips Lowe v. Robert Melvin Lowe, No. E2023-00338-COA-R3-CV (Tenn. Ct. App. Dec. 14, 2023). “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…”
Matthew L. Armitage v. Ginny Hale, No. E2024-01905-COA-R3-CV (Tenn. Ct. App. Dec. 29, 2025). “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…”
Matthew L. Armitage v. Andrea L. Kasulis, No. E2024-01906-COA-R3-CV (Tenn. Ct. App. Dec. 29, 2025). “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…”
Tenn. Code Ann. § 36-3-609(3): 1 case
State v. Armstrong, 256 S.W.3d 243 (Tenn. Crim. App. 2008). “Moreover, we note that according to T.C.A. § 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…”
Tenn. Code Ann. § 36-3-609(a): 1 case
Deanna Mae Baxley v. Clinton Shawn Baxley, No. E2015-00243-COA-R3-CV (Tenn. Ct. App. Dec. 9, 2015). “Tennessee Code Annotated section 36-3-609(a) provides, in pertinent part as follows: (a) If the respondent has been served with a copy of the petition, notice of hearing, and any ex parte order issued pursuant to § 36-3-605(c), any subsequent order of protection shall be…”
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