Tennessee Code Annotated
Tenn. Code Ann. § 36-3-612 (2026)
Contempt hearing
✓ current as of May 2026
- (a) A person arrested for the violation of an order of protection issued pursuant to this part or a restraining order or court-approved consent agreement, shall be taken before a magistrate or the court having jurisdiction in the cause without unnecessary delay to answer a charge of contempt for violation of the order of protection, restraining order or court-approved consent agreement, and the court shall:
- (1) Notify the clerk of the court having jurisdiction in the cause to set a time certain for a hearing on the alleged violation of the order of protection, restraining order or court-approved consent agreement within ten (10) working days after arrest, unless extended by the court on the motion of the arrested person;
- (2) Set a reasonable bond pending the hearing on the alleged violation of the order of protection, restraining order or court-approved consent agreement; and
- (3) Notify the person to whom the order of protection, restraining order or court-approved consent agreement was issued to protect and direct the party to show cause why a contempt order should issue.
- (b) Either the court that originally issued the order of protection or restraining order or a court having jurisdiction over orders of protection or restraining orders in the county where the alleged violation of the order occurred shall have the authority and jurisdiction to conduct the contempt hearing required by subsection (a). If the violation is of a court-approved consent agreement, the same court that approved the agreement shall conduct the contempt hearing for any alleged violation of it. If the court conducting the contempt hearing is not the same court that originally issued the order of protection or restraining order, the court conducting the hearing shall have the same authority to punish as contempt a violation of the order of protection or restraining order as the court originally issuing the order.
Acts 1979, ch. 350, § 14; T.C.A., § 36-1214; Acts 1987, ch. 270, § 11; 1999, ch. 482, § 1; 2005, ch. 394, § 1; 2006, ch. 920, § 2.
Notes of Decisions
Cited in 12
cases (4 in the last 5 years), 1999–2024 · leading case: State v. Gray, 46 S.W.3d 749 (Tenn. Ct. App. 2000).
State v. Gray, 46 S.W.3d 749 (Tenn. Ct. App. 2000). “98-060 the legislature solved the problem by adding paragraph (b) to Tenn. Code Ann. § 36-3-612 : (b) Either the court that originally issued the order of protection or a court having jurisdiction over orders of protection in the county where the alleged violation of the order…”
State of Tennessee v. Karen Ann Matthews (Tenn. Crim. App. 2011). “5 We recognize that our attorney general has opined “that dual convictions for (1) criminal contempt of court for violating an order of protection under Tenn. Code Ann. § 36-3-610 and (2) the Class A misdemeanor offense for knowingly violating a protective order under Tenn.”
Brittany Sharayah Lehmann v. Jerry Scott Wilson (Tenn. Ct. App. 2024). “The court determined that the matter was not going to be heard in criminal court based on the docket number assigned to the case and Tenn. Code Ann. § 36-3-612 (a).2 The court also determined that the proceeding was to be treated as a criminal contempt hearing.”
Nasser Luby Saleh v. Lystacha G. Pratt (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 36-3-612 (b). 2 The proof convinced the trial court that it had subject matter jurisdiction over those particular text messages located in “Exhibits 11, 12, 13, 15, and 16,” but that venue was improper over any allegations of violations arising from text…”
Karen Elizabeth Phillips Lowe v. Robert Melvin Lowe (Tenn. Ct. App. 2023). “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.”
Tina M. Vasudeva v. Kathie Barker (Tenn. Ct. App. 2024). “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.”
Angela Collins v. Timothy Pharris (Tenn. Ct. App. 2001). “Tenn. Code Ann. § 36-3-606 (a). Violations are punishable as contempt.”
Tambra Jo Swonger v. James Henry Swonger (Tenn. Ct. App. 2016). “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.”
James Swanger v. Carrie Lowery (Tenn. Ct. App. 2017). “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.”
State of Tennessee v. Elder Mark Anthony Thornton (Tenn. Crim. App. 2013). “Tennessee Code Annotated §36-3-612(b) expressly authorizes courts that have jurisdiction over orders of protection to hear and decide violations of orders of protection that have been issued in other counties.”
Regina L. Cable v. Charles E. Clemmons, Jr. (Tenn. Ct. App. 1999). “Clemmons moved for dismissal under the authority of T.C.A. 36-3-612, which provides the following: 36-3-612.”
Unknown (1970). “98-060 the legislature solved the problem by adding paragraph (b) to Tenn. Code Ann. § 36-3-612 : (b) Either the court that originally issued the order of protection or a court having jurisdiction over orders of protection in the county where the alleged violation 2 Tenn.”
— Tenn. Code Ann. § 36-3-612(a) — 1 case
Brittany Sharayah Lehmann v. Jerry Scott Wilson (Tenn. Ct. App. 2024). “The court determined that the matter was not going to be heard in criminal court based on the docket number assigned to the case and Tenn. Code Ann. § 36-3-612 (a).2 The court also determined that the proceeding was to be treated as a criminal contempt hearing.”
— Tenn. Code Ann. § 36-3-612(b) — 1 case
State of Tennessee v. Elder Mark Anthony Thornton (Tenn. Crim. App. 2013). “Tennessee Code Annotated §36-3-612(b) expressly authorizes courts that have jurisdiction over orders of protection to hear and decide violations of orders of protection that have been issued in other counties.”
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