: Tennessee

Restraining Orders

Ver Todo
6 de octubre de 2020

Who can file for an elderly or vulnerable adult protection order?

If you are an elderly adult or vulnerable adult who has experienced abuse, you may file for yourself.1

The following people may also file on your behalf if they have personal knowledge of the abuse and it would be too burdensome for you to come to court or you are not mentally capable of filing (you lack “capacity to consent”):

  • your relative;
  • a conservator, meaning someone appointed by a judge to manage your finances and daily decisions;
  • an agent of the Tennessee commission on aging and disability;
  • any agency or “assignee” of the above people; or
  • an attorney ad litem, who is someone appointed by a judge to investigate the abuse and make a recommendation to the court in your best interests.2

Note: A law enforcement officer may request an ex parte order on your behalf if all of the following are true:

  • s/he responds to an incident involving you;
  • s/he believes you are in immediate danger of abuse; and
  • you agree to the officer filing on your behalf or do not have the legal ability to agree (capacity to consent) to legal proceedings.3

The officer does not have to arrest the abuser to request an order on your behalf, and may file at any time of day.4

1 Tenn. Code § 71-6-124(a)(1)(C)
2 Tenn. Code § 71-6-124(a)(1)(A), (a)(1)(B)
3 Tenn. Code § 71-6-124(a)(1)(D)(i)
4 Tenn. Code § 71-6-124(a)(1)(D)(ii)

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