Conozca la Ley: Tennessee
ACTUALIZADA 11 de julio, 2008
If you are planning to move to TN or are going to be in TN for any reason, your protection or restraining order can be enforced.
- General Rules for Out-of-State Orders in TN
- Can I get my out-of-state protection order enforced in Tennessee? What are the requirements?
- Can I have my out-of-state protection order changed, extended, or canceled in TN?
- What can I do if the court that issued my order tells TN that my order has changed or is no longer valid?
- I was granted temporary custody with my protection order. Will I still have temporary custody of my children in TN?
- Registering your Out-of-State order in TN
General Rules for Out-of-State Orders in TN
arribaCan I get my out-of-state protection order enforced in Tennessee? What are the requirements?
Yes. Your out of state protection order can be enforced in Tennessee as long as each of the following are true: *
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.**
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.***
Note: Tennessee will not enforce a protection order if the court gave both you and your abuser a protection order based on your petition. However, if your abuser filed a separate petition (cross-petitioned) for a protection order against you, and the court made a finding of domestic violence against you, then both your order and your abuser’s order can be enforced in TN.***
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
* T.C.A. § 36-3-622(b)(1), (i)
** 18 U.S.C. § 2266(5)
*** 18 U.S.C. § 2265(a) & (b)
*** T.C.A. § 36-3-622(d)
arribaCan I have my out-of-state protection order changed, extended, or canceled in TN?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Tennessee.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a protection order, see the "How to Get a Protection Order" page for the state where your order was issued.
If your order does expire while you are living in Tennessee, you may be able to get a new one issued in Tennessee but this may be difficult to do if no new incidents of abuse have occurred in Tennessee. To find out more information on how to get an protection order in Tennessee, visit our TN How to Get an Order of Protection page.
arribaWhat can I do if the court that issued my order tells TN that my order has changed or is no longer valid?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in Tennessee cannot enforce an order that has expired or has been canceled in the issuing state.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in TN. You will find information on legal assistance and domestic violence organizations in TN on the TN Where to Find Help page.
arribaI was granted temporary custody with my protection order. Will I still have temporary custody of my children in TN?
Yes. As long as the child custody provision complies with certain federal laws,* Tennessee can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here TN Finding a Lawyer.
* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.