TENNESSEE CODE ANNOTATED
TITLE 36, CHAPTER 3, PART 6
 
DOMESTIC ABUSE 
 
 
36-3-601. Definitions.--  As used in this part, unless the context otherwise requires:
 
(1)  ABUSE  -   inflicting or attempting to inflict physical injury on an adult  or minor by other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, or malicious damage to the personal property of the abused party;
  
(2) ADULT  -  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 thousand (200,000) 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 the provisions of subdivision (A), "Court," in counties with a metropolitan form of government with a population of more than one hundred thousand (1000,000) 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 by 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 of the county in which the petitioner resides:
 
(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), (B) or (C) is not available;
 
 (4) The language of this section has been deleted from the law.
 
(5) 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;
 
(6) PETITIONER -   means the person alleging abuse in a petition for order of protection;
 
(7) PEREFERRED RESPONSE  -   means law enforcement officers shall arrest a person committing domestic abuse unless there is a clear and compelling reason not to arrest;
 
(8) RESPONDENT  -  means the person alleged to have abused another in a petition for order for protection;
 
(9) VICTIM  -  means any person who falls within the following categories and who a law enforcement officer has determined is not a primary aggressor under the factors set out in 36-3-619(c):
 
(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 subitems (A) through (E) above.
 
 
36-3-602. APPLICATION OF PART
 
Any victim who has been subjected to, or threatened with or placed in fear of, abuse by an adult who falls into one of the categories set forth in 36-3-601(9)(A) through (F) may seek relief under this part by filling a sworn petition alleging such abuse by the respondent.
 
Any petition filed by an unemancipated person under eighteen(18) years of age shall be signed by one (1) of that person's parents or by the person's guardian.
 
 
36-3-615 NOTIFICATION TO VICTIM
 
(A)  After an adult, who falls into one of the categories set forth in Section 36-3-601(9)(A) through (F), has been arrested for assault pursuant to 39-13-101, or aggravated assault pursuant to 39-13-102 against a victim as defined in this part, the arresting officer shall inform the victim that the person arrested may be eligible to post bond for the offense and be released until the date of the trial for the offense.
 

36-3-619 OFFICER RESPONSE - PRIMARY AGGRESSOR-
Factors- Notice to victim of legal rights.
 
(A) If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or felony, or was committed, or was committed within or with out the presence of the officer, the preferred response of the officer is arrest.
 
(B) If a law enforcement officer has probable cause to believe that two (2) or more persons committed a misdemeanor or felony, or if two (2) or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor.  The officer shall presume that arrest is not the appropriate response for the person or persons who were not the primary aggressor.  If the officer believes that all parties are equally responsible, the officer shall exercise such officer's best judgment in determining whether to arrest all, any or none of the parties.
 
(C) TO DETERMINE WHO IS THE PRIMARY AGGRESSOR, THE OFFICER SHALL CONSIDER:
 
(1) The history of domestic abuse between the parties;
 
(2) The relative severity of the injuries inflicted on each person;
 
(3) Evidence from the persons involved in the domestic abuse;
 
(4) The likelihood of future injury to each person;
 
(5) Whether one (1) of the persons acted in self-defense; and
 
(6) Evidence from witnesses of the domestic abuse.
 
 
(D) A LAW ENFORCEMENT OFFICER SHALL NOT:
 
(1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage future requests for intervention by law enforcement personnel; or
 
(2) THE OFFICER SHALL NOT BASE THE DECISION OF WHETHER TO ARREST ON:
 
(A) The consent or request of the victim; or
 
(B) The officer's perception of the willingness of the victim or of a witness to the domestic abuse to testify or participate in a judicial proceeding.
  
(E) When a law enforcement officer investigates an allegation that domestic abuse occurred, the officer shall make a complete report and file the report with the officer's supervisor in a manner that will permit data on domestic abuse cases to be compiled.  If a law enforcement officer decides not to make an arrest or decides to arrest two (2) or more parties, the officer shall include in the report the grounds for not arresting anyone or for arresting two (2) or more parties.
 
(F) Every month, the officer's supervisor shall forward the compiled data on domestic abuse cases to the administrative director of the courts.
 
(G) WHEN A LAW ENFORCEMENT OFFICER RESPONDS TO A DOMESTIC ABUSE CALL, THE OFFICER SHALL:
 
(1) Offer to transport the victim to a place of safety, such as a shelter or similar location or the residence of a friend or relative, unless it is impracticable for the officer to transport the victim, in which case the officer shall offer to arrange for transportation as soon as practicable;
 
(2) Advise the victim of a shelter or other service in the community; and
 
(3) Give the victim notice of the legal rights available by giving the victim a copy of the following statement:
  
IF YOU ARE THE VICTIM OF DOMESTIC ABUSE :
you have the following rights
 
1. You may file a criminal complaint with the district attorney general (D.A.).
2. You may request a protection order.  A protection order may include the following:
 
a. An order preventing the abuser from committing further domestic abuse against you;
b. An order requiring the abuser to leave your household;
c. An order preventing the abuser from harassing you or contacting you for any reason;
d. An order giving you or the other parent custody of or visitation with your minor child or children;
e. An order requiring the abuser to pay money to support you and the minor children if the abuser has a legal obligation to do so; and
f. An order preventing the abuser from stalking you.
 
The area crisis line is (423) 581-2220
The following domestic abuse shelter/programs are available to you:
  
(4) Offer to transport the victim to the location where arrest warrants are  issued in that city or county and assist the victim in obtaining an arrest warrant against the alleged abuser.

[Acts 1995, ch. 507, & 5; 1996, ch. 684, && 3,4.]
 
 
39-17-315 STALKING. 
 
(a) A person commits the offense of stalking who intentionally and repeatedly follows or harasses another person in such a manner as would cause that person to be in reasonable fear of being assaulted, suffering bodily injury or death.

(b) Definitions:
 
(1) FOLLOW- maintaining a visual or physical proximity over a period of time to a specific person in such a manner as would cause a reasonable person to have a fear of an assault, bodily injury or death.

(3) HARASS - a course of conduct directed at a specific person which would cause a reasonable person to fear an assault, bodily injury or death, including, but not limited to, verbal threats, written threats, vandalism, or non-consented physical contact.
 
(4) REPEATEDLY- two or more separate occasions.
 
 
39-13-101 -  ASSAULT
 
(A) A person commits assault who intentionally, knowingly or recklessly:
 
(1) Causes bodily injury to another;
 
(2) Causes another to reasonably fear imminent injury; or
 
(3) Causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
 
(B) If a threat is made in your presence, and the person making the threat has the ability, opportunity and shows intent to carry it out, an assault has been made.

 
39-13-102 AGGRAVATED ASSAULT
 
(A) A person commits aggravated assault who:   Commits an assault as defined in TCA 39-13-101, and
 
(1) Causes serious bodily injury to another; or
 
(2) Uses or displays a deadly weapon; or
 
(3) Being the parent or guardian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect such child or adult from aggravated assault;  or
 
(4) Violates an Order of Protection, Diversion Agreement or Probation Agreement by causing or attempting to cause bodily injury by committing or attempting to commit an assault.
 
 
39-14-406   AGGRAVATED CRIMINAL TRESPASS
 
(A) Respondent has knowledge of an Order of Protection, and enters or remains at the residence of the petitioner.
 
(B) Offender may be charged with Aggravated Criminal trespass.
 
 
36-3-620   SEIZURE OF WEAPONS INVOLVED IN DOMESTIC VIOLENCE SITUATIONS
 
(A) Seizure of weapons by an officer who has probable cause to believe that a crime has been committed involving domestic abuse:
 
(1) the officer shall seize all weapons that are alleged to have been used;
 
(2) or threatened to be used;
 
(3) by the abuser in the commission of a crime.
 
(B) Incident to an arrest for a crime involving domestic abuse:
 
(1) an officer may seize a weapon that is in plain view or discovered pursuant to a consensual search, if necessary for the protection of the officer or other persons.
 
(2) an officer is not required to remove a weapon that the officer believes is needed by the victim for self defense.
 
(c) TCA 39-17-1317 governs the disposition of confiscated weapons seized pursuant to this law.  All other weapons shall be returned upon disposition of the case.
 
 
36-11-611- SELF-DEFENSE STATUTE
 
(1) A person is justified in threatening or using force against another person when and to the degree:
 
(a) The person reasonably believes the force is immediately necessary;
 
(b) To protect against the other's use, or attempted use of force.
 
(c) The person must have a reasonable belief that there is an imminent threat of death or serious bodily injury.
 
(d) The danger creating the belief must be real, or honestly believed to be real at the time; and
 
(e) Must be founded on reasonable grounds.
 
(f) There is no duty to retreat before a person threatens or uses force.

 
40-11-150 POST ARREST PROCEDURES
 
The agency having custody of the defendant shall:
 
(1) provide the victim with a copy of the conditions of release,
 
(2) use all reasonable means to immediately notify the victim of the release.
 
(3) Furnish the victim with a certified copy of any conditions of release, free of cost.
 
(4) Notify probation or parole departments if the defendant is on probation or parole.
 
 
36-3-619 NON-ARREST SITUATIONS
 
(1) Officers should use discretion in determining whether to leave both parties at the location, or asking one party to leave.
 
(2) Officers may ask one or both parties to sign an affidavit as to what happened.
 
(3) Officers may stand by while one party gathers belongings to go to a place of safety.
 
 
40-7-103 GROUNDS FOR ARREST BY AN OFFICER WITH OUT WARRANT
 
An officer may, without a warrant, arrest a person:
 
(1) For a public offense committed or a breach of the peace threatened in the officer's presence;
 
(2) When the person has committed a felony, though not in the officer's presence;
 
(3) When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested to have committed it;
 
(4) On a charge made, upon reasonable cause, of the commission of a felony by the person arrested;
 
(5) Who is attempting to commit suicide;
 
(6) At the scene of a traffic accident who is the driver of a vehicle involved in such accident when, based on personal investigation, the officer has probable cause to believe that such person has committed an offense under the provisions of title 55, chapters 8 and 10.  The provisions of this subdivision shall not apply to traffic accidents in which no personal injury occurs or property damage is less than one thousand dollars ($1,000) unless the officer has probable cause to believe that the driver of such vehicle has committed an offense under  55-10-401; and
 
(7) Pursuant to  36-3-619  (Officer response; primary aggressor; domestic violence law)
 
(8) Who is the driver of a vehicle involved in a traffic accident either at the scene of the accident or up to four hours after such driver has been transported to a health care facility, if emergency medical treatment for such driver is required and the officer has probable cause to believe that such driver has violated   55-10-401.