Tenn. Code § 36-3-601

Current through Acts 2023-2024, ch. 1069

Section 36-3-601 - Part definitions

As used in this part, unless the context otherwise requires:

(1) "Abuse" means:

(A) Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means;

(B) Placing an adult or minor in fear of, or in, physical harm or physical restraint;

(C) Causing malicious damage to the personal property of the abused party; or

(D) Intentionally engaging in behavior that amounts to financial abuse;

(2) "Adult" means any person eighteen (18) years of age or older, or who is otherwise emancipated;

(3)

(A) "Court," in counties having a population of not less than two hundred sixty thousand (260,000) nor more than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census, means any court of record with jurisdiction over domestic relation matters;

(B) Notwithstanding subdivision (3)(A), "court," in counties with a metropolitan form of government with a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, means any court of record with jurisdiction over domestic relation matters and the general sessions court. In such county having a metropolitan form of government, a judicial commissioner may issue an ex parte order of protection. Nothing in this definition may be construed to grant jurisdiction to the general sessions court for matters relating to child custody, visitation, or support;

(C) "Court," in all other counties, means any court of record with jurisdiction over domestic relation matters or the general sessions court;

(D) "Court" also includes judicial commissioners, magistrates and other officials with the authority to issue an arrest warrant in the absence of a judge for purposes of issuing ex parte orders of protection when a judge of one of the courts listed in subdivisions (3)(A), (3)(B) or (3)(C) is not available;

(E) In counties having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, "court" means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. In such counties, "court" also includes judicial commissioners, magistrates and other officials with the authority to issue an arrest warrant in the absence of a judge for purposes of issuing any order of protection pursuant to this part when a judge of one of the courts listed in subdivisions (3)(A), (3)(B) or (3)(C) is not available. Nothing in this definition may be construed to grant jurisdiction to the general sessions court, both criminal and civil, for matters relating to child custody, visitation, or support;

(F) Any appeal from a final ruling on an order of protection by a general sessions court or by any official authorized to issue an order of protection under this subdivision (3) shall be to the circuit or chancery court of the county. Such appeal shall be filed within ten (10) days and shall be heard de novo. Unless the order expires by operation of law, an order of protection granted pursuant to this part remains in effect during the appeal;

(4) "Domestic abuse" means committing abuse against a victim, as defined in subdivision (5);

(5) "Domestic abuse victim" means any person who falls within the following categories:

(A) Adults or minors who are current or former spouses;

(B) Adults or minors who live together or who have lived together;

(C) Adults or minors who are dating or who have dated or who have or had a sexual relationship. As used herein, "dating" and "dated" do not include fraternization between two (2) individuals in a business or social context;

(D) Adults or minors related by blood or adoption;

(E) Adults or minors who are related or were formerly related by marriage; or

(F) Adult or minor children of a person in a relationship that is described in subdivisions (5)(A)-(E);

(6) "Financial abuse" means behavior that is coercive, that is deceptive, or that unreasonably controls or restrains a person's ability to acquire, use, or maintain economic resources to which the person is entitled, including using coercion, fraud, or manipulation to:

(A) Restrict a person's access to money, assets, credit, or financial information;

(B) Unfairly use a person's economic resources, including money, assets, and credit, to gain an advantage; or

(C) Exert undue influence over a person's financial behavior or decisions, including forcing default on joint or other financial obligations; exploiting powers of attorney, guardianship, or conservatorship; or failing or neglecting to act in the best interest of the person to whom a fiduciary duty is owed;

(7) "Firearm" means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;

(8) "Petitioner" means the person alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense in a petition for an order for protection;

(9) "Preferred response" means law enforcement officers shall arrest a person committing domestic abuse unless there is a clear and compelling reason not to arrest;

(10) "Respondent" means the person alleged to have abused, stalked or sexually assaulted another in a petition for an order for protection;

(11) "Sexual assault victim" means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of any form of rape, as defined in § 39-13-502, § 39-13-503, § 39-13-506 or § 39-13-522, or sexual battery, as defined in § 39-13-504, § 39-13-505, or § 39-13-527;

(12) "Stalking victim" means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of the offense of stalking, as defined in § 39-17-315; and

(13) "Weapon" means a firearm or a device listed in § 39-17-1302(a)(1)-(7).

T.C.A. § 36-3-601

Amended by 2024 Tenn. Acts, ch. 751,s 1, eff. 4/22/2024.

Amended by 2023 Tenn. Acts, ch. 277, s 2, eff. 4/28/2023.

Amended by 2023 Tenn. Acts, ch. 277, s 1, eff. 4/28/2023.

Amended by 2022 Tenn. Acts, ch. 1115, s 2, eff. 7/1/2022.

Amended by 2019 Tenn. Acts, ch. 433, s 1, eff. 5/21/2019.

Acts 1979, ch. 350, § 1; T.C.A., § 36-1201; Acts 1988, ch. 925, §§ 1, 2; 1991, ch. 380, § 1; 1994, ch. 764, § 1; 1995, ch. 507, § 3; 1996, ch. 684, § 1; 1997 , ch. 96, § 1; 1997 , ch. 211, § 1; 1997 , ch. 459, §§ 1, 2; 1998, ch. 887, §§ 1, 2; 2001, ch. 96, §§ 1 - 3; 2002, ch. 646, §§ 1, 2; 2005, ch. 381, §§ 1, 2; 2007 , ch. 348, § 1; 2007 , ch. 352, § 1.