Tennessee Code Annotated
Tenn. Code Ann. § 36-3-611 (2026)
Arrest for violation of protection order
✓ current as of May 2026
- (a) An arrest for violation of an order of protection issued pursuant to this part may be with or without warrant. Any law enforcement officer shall arrest the respondent without a warrant if:
- (1) The officer has proper jurisdiction over the area in which the violation occurred;
- (2) The officer has reasonable cause to believe the respondent has violated or is in violation of an order for protection; and
- (3) The officer has verified whether an order of protection is in effect against the respondent. If necessary, the police officer may verify the existence of an order for protection by telephone or radio communication with the appropriate law enforcement department.
- (b) No ex parte order of protection can be enforced by arrest under this section until the respondent has been served with the order of protection or otherwise has acquired actual knowledge of such order.
Acts 1979, ch. 350, § 13; T.C.A., § 36-1213; Acts 1987, ch. 270, §§ 9, 10.
Notes of Decisions
Cited in 10
cases, 1999–2019 · leading case: Matthews v. Pickett Cnty., 996 S.W.2d 162 (Tenn. 1999).
Matthews v. Pickett Cnty., 996 S.W.2d 162 (Tenn. 1999). “Both the order of protection in this case and Tenn.Code Ann. § 36-3-611 mandated that the deputies arrest Winning-ham upon “reasonable cause to believe that [Winningham] ha[d] violated the order of protection.”
Cable v. Clemmons, 36 S.W.3d 39 (Tenn. 2001). “See Tenn.Code Ann. §§ 36-3-611 and -612 (1996 & Supp.”
Matthews v. Pickett Cnty., TN, 136 F. Supp. 2d 861 (M.D. Tenn. 2000). “Tenn.Code Ann. § 36-3-611. If the deputies breached the duty owed to Ms.”
Sandra Elmore v. Greg Cruz (Tenn. Ct. App. 2002). “Elmore’s complaint contends that their actions constituted a violation of T.C.A. 36-3-611 which governs the enforcement of orders of protection.”
Berchie Marie Wiser v. Raymond Winfred Wiser (Tenn. Ct. App. 2011). “Tenn. Code Ann. §36-3-611 . The respondent will typically be assessed a ten day sentence for each violation of the Order of Protection.”
State of Tennessee v. Scotty Henry Pace, Jr. (Tenn. Ct. App. 2007). “2001); see also Tenn. Code Ann. §§ 36-3-611 , -612 (Supp.”
Anita Wadhwani v. Peter White (Tenn. Ct. App. 2007). “White pursuant to Tenn. Code Ann. § 36-3-611 for “Criminal Contempt - Violation of Order of Protection.”
State of Tennessee v. Scotty Henry Pace, Jr. (Tenn. Ct. App. 2006). “Hill, believing the call was from Pace or Pace’s friend, Wanda Latham, and that she was calling on behalf of Pace, took out a warrant against Pace, pursuant to Tenn. Code Ann. § 36-3-611 , alleging he violated the Order of Protection.”
State of Tennessee v. Larry S. Reese - Dissenting (Tenn. Crim. App. 2003). “Additionally, although the statutes prohibit the enforcement of an ex parte protective order that has not been served, see Tenn. Code Ann. § 36-3-611 (b), there is no such limitation on enforcement of a permanent protective order.”
Harcrow v. Harcrow (M.D. Tenn. 2019). “) Harcrow also alleges that Walker violated Federal and Tennessee law, including but not limited to Tennessee Code § 36-3- 601 (Domestic Abuse), Tennessee Code § 36-3-604(b) (Protective Order), Tennessee Code § 36-3-611 (Mandatory Arrest), Tennessee Code § 39-13-111 (Domestic…”
— Tenn. Code Ann. § 36-3-611(a)(3) — 1 case
Sandra Elmore v. Greg Cruz (Tenn. Ct. App. 2002). “Elmore’s complaint contends that their actions constituted a violation of T.C.A. 36-3-611 which governs the enforcement of orders of protection.”
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