Tennessee domestic violence laws make domestic assault a distinct crime with its own escalating penalties, cover a wider set of relationships than many people expect, and give victims a same-day, no-fee route to a court order of protection. A first conviction is a misdemeanor; a second carries a mandatory 30 days in jail; a third can become a felony. Any conviction, even a first-offense misdemeanor, triggers a permanent federal firearm ban.
Who the Law Covers
You do not have to be married or living together for Tennessee’s domestic abuse statutes to apply. The law reaches current and former spouses, people who live together or used to, anyone related by blood or adoption, people related by marriage or a former marriage, anyone in a current or former dating or sexual relationship, and the children of people in any of those categories.1FindLaw. Tennessee Code Title 36 Domestic Relations 36-3-601 – Domestic Abuse Definitions
The dating relationship piece catches people off guard. A short dating history is enough; someone harmed by a person they went on a handful of dates with has the same access to protective orders and the same criminal law backing as a spouse. Casual business or social interactions do not count.
What Counts as Domestic Abuse
The legal definition reaches four categories of conduct. Causing or trying to cause physical injury is the obvious one. Placing someone in fear of physical harm, or physically restraining them, also qualifies even when no injury results. Deliberately damaging a victim’s personal property counts when it is done to intimidate or control. Financial abuse is now explicitly included as a separate form of domestic abuse.1FindLaw. Tennessee Code Title 36 Domestic Relations 36-3-601 – Domestic Abuse Definitions
The financial abuse provision matters more than people realize. Conduct like controlling a partner’s access to bank accounts, running up debt in their name, or sabotaging their ability to work can form the basis for a protective order, not just physical violence.
Criminal Penalties for Domestic Assault
Domestic assault is an assault committed against someone in one of the protected relationship categories. A first offense is a Class A misdemeanor, carrying up to 11 months and 29 days in jail and a fine of up to $2,500.2Justia. Tennessee Code 39-13-111 – Domestic Assault3Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Felonies and Misdemeanors The penalties ramp up sharply from there.
- A second conviction carries a mandatory minimum of 30 consecutive days in jail, with fines between $350 and $3,500. The maximum jail sentence is still 11 months and 29 days.
- A third or subsequent conviction, depending on the relationship between the defendant and victim, becomes a Class E felony: one to six years of imprisonment, a mandatory minimum of 90 consecutive days in jail, and fines between $1,100 and $5,000.
The court can impose an additional fine of up to $225 on top of these amounts if the defendant has the ability to pay.2Justia. Tennessee Code 39-13-111 – Domestic Assault
One detail trips up defendants: the statute requires that at least the minimum sentence be served day for day, with no early release credits applied to that minimum. The remaining time between the minimum served and the maximum sentence is served on supervised probation.2Justia. Tennessee Code 39-13-111 – Domestic Assault
When the Charge Becomes Aggravated or Involves Strangulation
When domestic violence involves serious bodily injury, a deadly weapon, or strangulation, the charge can escalate to aggravated assault under a separate statute. Intentional serious bodily injury, use or display of a deadly weapon, and strangulation are a Class C felony, carrying 3 to 15 years in prison. Reckless serious bodily injury or reckless use of a deadly weapon is a Class D felony, carrying 2 to 12 years. Strangulation of a pregnant victim is a Class B felony, carrying 8 to 30 years. All aggravated assault convictions carry a possible fine of up to $15,000, separate from and higher than the standard felony fine schedule.4Justia. Tennessee Code 39-13-102 – Aggravated Assault3Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Felonies and Misdemeanors
Strangulation gets special treatment even at the misdemeanor level. A domestic assault conviction that involves strangulation or attempted strangulation carries a mandatory minimum of 30 days in jail regardless of whether it is a first offense, and that sentence must include participation in evidence-based domestic violence programming.2Justia. Tennessee Code 39-13-111 – Domestic Assault If the strangulation causes the victim to lose consciousness, prosecutors can pursue attempted murder charges instead of aggravated assault, with far longer potential sentences.
Stalking in Domestic Violence Cases
Stalking has its own statute but frequently overlaps with domestic violence. Tennessee defines it as a repeated pattern of harassment that would make a reasonable person feel terrorized, frightened, or threatened and that actually causes the victim to feel that way. A course of conduct can include following, monitoring, surveilling, threatening, communicating with someone, or interfering with their property. A single instance of placing an electronic tracking device on a person or their property is enough.5Justia. Tennessee Code 39-17-315 – Stalking, Aggravated Stalking
Basic stalking is a Class A misdemeanor, carrying up to 11 months and 29 days in jail. Aggravated stalking, which involves displaying a deadly weapon or stalking while a prior restraining order or injunction is in place, is a Class E felony with a sentence of one to six years.5Justia. Tennessee Code 39-17-315 – Stalking, Aggravated Stalking A sentencing court can also order electronic tracking, mandatory counseling at the defendant’s expense, and a no-contact condition covering the victim’s family. Stalking is grounds for an order of protection on its own, so a victim does not need to wait for a physical assault to seek court intervention.
How to File for an Order of Protection
You file in the county where the person you need protection from lives, or in the county where the abuse happened. If that person is not in Tennessee, you can file in your own county.6Justia. Tennessee Code 36-3-602 – Petition – Venue Petition forms are available at the clerk’s office in Circuit, Chancery, General Sessions, or Juvenile court, and they can also be downloaded from the Tennessee State Courts website.7Tennessee State Courts. Order of Protection Forms There is no filing fee in a domestic abuse case, and you do not need a lawyer to file.
The petition asks for the other person’s full name and current address so the court can arrange service. The core of it is your description of what happened: specific dates, locations, and exactly what the person did or said. Be concrete. “He threatened to hurt me” is less useful to a judge than “On March 12, he blocked the doorway and said he would kill me if I tried to leave.” Include any injuries, property destruction, or prior incidents.
A judge reviews the petition right away. If the judge sees an immediate risk to your safety, an ex parte order can be issued the same day, before the other person is notified. Law enforcement then personally serves the order along with notice of a hearing, which must take place within 15 days after service. At the hearing, you need to prove the abuse by a preponderance of the evidence (more likely than not). If the judge is persuaded, the temporary order converts to a final order lasting up to one year.8Justia. Tennessee Code 36-3-605 – Ex Parte Protection Order
What the Order Can Include
A protective order is more than a “stay away” notice. Beyond prohibiting contact and keeping the respondent away from you, the court can grant you possession of a shared home even when the other person is on the lease. It can award temporary custody of children, set visitation, and require financial support if you are married. The court can order the respondent into counseling for violence or substance abuse, assign custody of pets, and direct a wireless carrier to transfer your phone number out of a shared plan.
How Long Orders Last and What Happens If They Are Violated
A final order lasts up to one year. Before it expires, you can file a motion to extend it; with good cause, the court can renew it in one-year increments. If the respondent violated the order, the court can extend it for up to five years. A second or subsequent violation can extend it for up to ten.8Justia. Tennessee Code 36-3-605 – Ex Parte Protection Order
The critical deadline: file the motion to extend before the existing order expires. Once it lapses, you have to start over with a new petition.
Violating an order of protection is itself a Class A misdemeanor, carrying a fine between $100 and $2,500 and up to 11 months and 29 days in jail. If the violation happens alongside another crime based on the same facts, the jail sentences run consecutively rather than at the same time.9Justia. Tennessee Code 39-13-113 – Violation of an Order of Protection
Firearm Consequences of a Conviction
A domestic violence conviction triggers firearm restrictions at both the state and federal level. Under Tennessee law, anyone convicted of a domestic violence offense must give up all firearms within 48 hours of the conviction, either by selling them or transferring them to someone legally allowed to possess them, and must then file a sworn statement with the court confirming the transfer.2Justia. Tennessee Code 39-13-111 – Domestic Assault
Federal law goes further. Under 18 U.S.C. ยง 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence in any court is permanently prohibited from possessing or receiving firearms or ammunition.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts This is not limited to felonies. Even a first-offense Class A misdemeanor domestic assault triggers the federal ban, and violating it is a separate federal crime carrying up to 15 years in prison. People subject to a final order of protection issued after a hearing are also prohibited from possessing firearms under federal law, even without a criminal conviction.
Where to Get Help
Tennessee’s Criminal Injuries Compensation Fund provides financial assistance to crime victims as a last resort when no other source of payment is available. It covers medical expenses, lost wages, lost financial support for dependents, and moving expenses. Mental health counseling is covered up to $3,500 for eligible family and household members, funeral and burial costs up to $6,000, and crime scene cleanup up to $3,000 if the crime occurred in the victim’s home.11Tennessee Department of Treasury. Criminal Injuries Compensation The crime generally must have been reported to law enforcement to qualify, and the fund fills gaps after insurance and other resources are exhausted.
If you cannot afford an attorney, the statewide legal help line at 1-844-HELP4TN (1-844-435-7486) can connect you with a licensed Tennessee attorney at no charge. Legal Aid offices across the state handle protective order cases, and the Tennessee Alliance for Legal Services coordinates access. The Tennessee Coalition to End Domestic and Sexual Violence operates a statewide hotline and can connect callers with local shelters, safety planning, and legal advocacy. For immediate danger, call 911. The National Domestic Violence Hotline is available 24 hours a day at 1-800-799-7233.