Tennessee Code Annotated
Tenn. Code Ann. § 36-3-617 (2026)
Protection order - Filing costs and assistance
✓ current as of May 2026
- (a)
- (1) Notwithstanding any other law to the contrary, no domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal or enforcement of an ex parte order of protection, order of protection, or a petition for either such order, whether issued inside or outside the state. If the court, after the hearing on the petition, issues or extends an order of protection, all court costs, filing fees, litigation taxes and attorney fees shall be assessed against the respondent.
- (2) If the court does not issue or extend an order of protection, the court may assess all court costs, filing fees, litigation taxes and attorney fees against the petitioner if the court makes the following finding by clear and convincing evidence:
- (A) The petitioner is not a domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 and that such determination is not based on the fact that the petitioner requested that the petition be dismissed, failed to attend the hearing or incorrectly filled out the petition; and
- (B) The petitioner knew that the allegation of domestic abuse, stalking, sexual assault, or felony offense under title 39, chapter 13, part 1, 2, 3, or 5 was false at the time the petition was filed.
- (b)
- (1) The clerk of the court may provide order of protection petition forms to agencies that provide domestic violence assistance.
- (2) Any agency that meets with a victim in person and recommends that an order of protection be sought shall assist the victim in the completion of the form petition for filing with the clerk.
- (3) No agency shall be required to provide this assistance unless it has been provided with the appropriate forms by the clerk.
Amended by 2021 Tenn. Acts, ch. 60, Secs.s3, s4 eff. 7/1/2021.
Acts 1995, ch. 410, § 3; 1997 , ch. 459, § 4; 2002, ch. 666, § 1; 2007 , ch. 348, § 3; 2008 , ch. 1074, § 1; 2009 , ch. 263, § 1; 2011 , ch. 402, § 1.
Notes of Decisions
Cited in 41
cases (8 in the last 5 years), 2007–2025 · leading case: Shayla Nicole Purifoy v. Devine Mafa, 556 S.W.3d 170 (Tenn. Ct. App. 2017).
Shayla Nicole Purifoy v. Devine Mafa, 556 S.W.3d 170 (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 36-3-617 (a). This statute clearly indicates that no victim shall be 24 Due to the practical difficulties that would arise, we also reject Ms.”
Jacqueline G. Furlong v. Kevin Keane Furlong, 370 S.W.3d 329 (Tenn. Ct. App. 2011). “§ 36-3-617(a) provides as follows: (1) Notwithstanding any other law to the contrary, no domestic abuse victim, stalking victim or sexual assault victim shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs associated…”
Miracle Tenney Ex Rel. Desirae B. v. Daniel Paul Bullington (Tenn. Ct. App. 2021). “2020), makes it clear that the legislative mandate in Tenn. Code Ann. § 36-3-617 (a)(1) extends to the reasonable attorney’s fees and costs incurred on appeal by victims of domestic abuse, even if the respondent’s challenge to the order of protection is no longer justiciable.”
Brendan Todd Negron v. Andrew Nicholas Roach (Tenn. Ct. App. 2025). “By clear and convincing evidence, the award of attorney’s fees in favor of the Respondent was proper under Tenn. Code Ann. § 36-3-617 (2)(B) given the knowingly false allegations made against the Respondent by Petitioner at the time of filing the petition.”
David New v. Lavinia Dumitrache (Tenn. Ct. App. 2019). “See Tenn. Code Ann. § 36-3-617 . Tennessee Code Annotated § 36-3-617, on the other hand, does make provision for an award of attorney’s fees to domestic abuse victims.”
Rita Gayle Lewis v. Matthew Wayne Rader (Tenn. Ct. App. 2010). “In the petitioner’s brief, she admits that she failed to appear for the hearing due to “transportation issues”, but argues that the Court should not have taxed court costs to her in dismissing her petition because of the provisions of Tenn. Code Ann. §36-3-617 (a), which states:…”
Karen Michelle Pearson v. Paul Jason Pearson (Tenn. Ct. App. 2010). “ISSUE PRESENTED The sole issue on appeal is whether Tenn. Code Ann. § 36-3-617 (a) permits the trial court to tax the costs associated with the prosecution of an order of protection against Wife, the petitioner, after dismissing the Petition.”
Amy Elizabeth Luker v. Terry Eugene Luker, 578 S.W.3d 450 (2018). “00]1 for which execution may issue for her attorney’s fees associated with the filing, issuance, hearing, obtaining, and enforcing the ex parte order of protection and petition for order of protection in an amount to be determined pursuant to Tenn. Code Ann. § 36-3-617 . Counsel…”
Aaron Cregati v. Breanna Nicole Petet (Tenn. Ct. App. 2025). “Tenn. Code Ann. § 36-3-617 (a)(1). “[S]ection 36-3-617 clearly authorizes awarding attorney’s fees and costs incurred in obtaining an order of protection or the extension of an order of protection, or in defending an appeal involving the issuance or extension of an order of…”
Sandi D. Jackson v. Mitchell B. Lanphere (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 36-3-617 (a)(1). However, if an order of protection is not issued or extended, costs may be assessed against the petitioner if the court determines by clear and convincing evidence that the petitioner is not a domestic abuse victim, and such determination is…”
Sandi D. Jackson v. Mitchell B. Lanphere (Tenn. Ct. App. 2011). “Jackson argues that this assessment contravenes Tenn. Code Ann. § 36-3-617 (a), which provides as follows: Notwithstanding any other law to the contrary, no victim shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs…”
Debbie Tran v. Manila Bui (Tenn. Ct. App. 2016). “15, 2001) (holding that the attorneys‟ fee-award provision in Tennessee Code Annotated Section 36-3-617(a)(1) is remedial in nature and, therefore, does not violate the separation of powers doctrine).”
— Tenn. Code Ann. § 36-3-617(a) — 4 cases
Jacqueline G. Furlong v. Kevin Keane Furlong, 370 S.W.3d 329 (Tenn. Ct. App. 2011). “§ 36-3-617(a) provides as follows: (1) Notwithstanding any other law to the contrary, no domestic abuse victim, stalking victim or sexual assault victim shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs associated…”
Rita Gayle Lewis v. Matthew Wayne Rader (Tenn. Ct. App. 2010). “In the petitioner’s brief, she admits that she failed to appear for the hearing due to “transportation issues”, but argues that the Court should not have taxed court costs to her in dismissing her petition because of the provisions of Tenn. Code Ann. §36-3-617 (a), which states:…”
Karen Michelle Pearson v. Paul Jason Pearson (Tenn. Ct. App. 2010). “ISSUE PRESENTED The sole issue on appeal is whether Tenn. Code Ann. § 36-3-617 (a) permits the trial court to tax the costs associated with the prosecution of an order of protection against Wife, the petitioner, after dismissing the Petition.”
Sandi D. Jackson v. Mitchell B. Lanphere (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 36-3-617 (a)(1). However, if an order of protection is not issued or extended, costs may be assessed against the petitioner if the court determines by clear and convincing evidence that the petitioner is not a domestic abuse victim, and such determination is…”
— Tenn. Code Ann. § 36-3-617(a)(1) — 10 cases
David New v. Lavinia Dumitrache (Tenn. Ct. App. 2019). “See Tenn. Code Ann. § 36-3-617 . Tennessee Code Annotated § 36-3-617, on the other hand, does make provision for an award of attorney’s fees to domestic abuse victims.”
Miracle Tenney Ex Rel. Desirae B. v. Daniel Paul Bullington (Tenn. Ct. App. 2021). “2020), makes it clear that the legislative mandate in Tenn. Code Ann. § 36-3-617 (a)(1) extends to the reasonable attorney’s fees and costs incurred on appeal by victims of domestic abuse, even if the respondent’s challenge to the order of protection is no longer justiciable.”
Debbie Tran v. Manila Bui (Tenn. Ct. App. 2016). “15, 2001) (holding that the attorneys‟ fee-award provision in Tennessee Code Annotated Section 36-3-617(a)(1) is remedial in nature and, therefore, does not violate the separation of powers doctrine).”
Christina Knapp v. Jason Boykins (Tenn. Ct. App. 2020).
Aaron Cregati v. Breanna Nicole Petet (Tenn. Ct. App. 2025). “Tenn. Code Ann. § 36-3-617 (a)(1). “[S]ection 36-3-617 clearly authorizes awarding attorney’s fees and costs incurred in obtaining an order of protection or the extension of an order of protection, or in defending an appeal involving the issuance or extension of an order of…”
— Tenn. Code Ann. § 36-3-617(a)(2) — 4 cases
James Swanger v. Carrie Lowery (Tenn. Ct. App. 2017).
Brendan Todd Negron v. Andrew Nicholas Roach (Tenn. Ct. App. 2025). “By clear and convincing evidence, the award of attorney’s fees in favor of the Respondent was proper under Tenn. Code Ann. § 36-3-617 (2)(B) given the knowingly false allegations made against the Respondent by Petitioner at the time of filing the petition.”
Laura Nicole Harbin v. Casey Parker Jones (Tenn. Ct. App. 2013).
Miracle Tenney Ex Rel. Desirae B. v. Daniel Paul Bullington (Tenn. Ct. App. 2021). “2020), makes it clear that the legislative mandate in Tenn. Code Ann. § 36-3-617 (a)(1) extends to the reasonable attorney’s fees and costs incurred on appeal by victims of domestic abuse, even if the respondent’s challenge to the order of protection is no longer justiciable.”
— Tenn. Code Ann. § 36-3-617(a)(2)(B) — 1 case
Brendan Todd Negron v. Andrew Nicholas Roach (Tenn. Ct. App. 2025). “By clear and convincing evidence, the award of attorney’s fees in favor of the Respondent was proper under Tenn. Code Ann. § 36-3-617 (2)(B) given the knowingly false allegations made against the Respondent by Petitioner at the time of filing the petition.”
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