Tennessee Domestic Violence Law

Tennessee Domestic Violence Law

While domestic violence is a serious problem that society must take steps to stop, the introduction of new amendments to the existing law provides numerous avenues for the unscrupulous to punish a spouse by using the right words. There is NEVER a reason to resort to violence, to another person or to the Constitution. The following statute may one day be found to be unconstitutional. Until then, men and women associate with each other at their peril. One word of advice, if such an order is issued against you DO NOT go around or have any contact with the person getting the order against you; unless you like jail food. If this means you don't get to see your kids, tough. Those portions that may be constitutionally suspect or subject to abuse are highlighted. The 1997 amendments are underlined.

36-3-601. Definitions

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

(1) "Abuse" means 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" 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 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 (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 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) Deleted by 1997 amendment

(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 for protection;

(7) "Preferred 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 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.

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

36-3-602. Petitions; persons who may seek relief

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 filing a sworn petition alleging such abuse by the respondent. Any petition filed by an unemancipated person under eighteen (18) tears of age shall be signed by one (1) person's parents or by that person's guardian.

36-3-603. Protection orders; duration

(a) If an order of protection is ordered by a court and either the petitioner or respondent files a complaint for divorce, the order of protection shall remain in effect until the court in which the divorce action lies modifies or dissolves the order.

(b) Nothing in this section shall prohibit a petitioner from requesting relief under this section in a divorce action.

36-3-604. Forms

(a) The office of the clerk of court shall provide forms which may be necessary to seek a protection order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The petitioner is not limited to the use of these forms and may present to the court any legally sufficient petition in whatever form. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition, by indicating where the petitioner's name shall be filled in, by reading through the petition form with the petitioner, and by rendering any other such assistance as is necessary for the filing of the petition. All such petitions which are filed pro se shall be liberally construed in favor of the petitioner.

(b) The office of the clerk shall make available the following blank forms and/or such other forms as may be ordered by the court:

(1)

____________________________

Petitioner,

vs.

____________________________

Respondent.

Petitioner, __________, pursuant to Tennessee Code Annotated, chapter 3, part 6 of this title, states:

1. Petitioner is a resident of __________ County, Tennessee. Respondent is a resident of __________ County, Tennessee, and lives at __________. The incident which gives rise to this petition occurred in __________ County, Tennessee.

2. Petitioner and respondent are present or former family or household members.

3. The parties have ___ minor child(ren); (Write name and age of each child on the following blank lines.)

_________________________________________________________________

_________________________________________________________________

__________________________________________________________________

4. Respondent has abused and/or threatened to abuse petitioner. Specifically, respondent has: (Write what happened, when it happened, and where it happened on the following lines.)

__________________________________________________________________

_________________________________________________________________

_________________________________________________________________

5. Petitioner is in an immediate and present danger of abuse by respondent. (For paragraphs 6 through 8, check only if the particular paragraph is applicable.)

___ 6. Petitioner needs support for the parties' minor child(ren).

___ 7. Petitioner needs support for the petitioner.

___ 8. Respondent refuses to leave from the parties' residence. (If you check paragraph 8, please check one (1) of the following.)

___ A. Respondent is the sole __________ (owner or lessee) of the parties' residence.

___ B. Respondent is not the sole owner or lessee of the parties' residence.

WHEREFORE, PETITIONER PRAYS:

1. That an ex parte order of protection, as provided for in Tennessee Code Annotated, s 36-3-605, be immediately issued enjoining respondent from abusing or threatening abuse of the petitioner and that copies of the order be served upon the respondent and filed with the __________ county sheriff;

2. That a hearing in this cause be set for within ten (10) days pursuant to Tennessee Code Annotated, 36-3-605, and that notice of the hearing be served upon respondent together with the order of protection;

3. That upon the hearing of this cause, petitioner be granted an extended order of protection for a period of one hundred twenty (120) days; __________ (For paragraphs 4 through 7, check only if the particular paragraph is applicable.)

___ 4. That upon the hearing of this cause, petitioner be awarded temporary custody of the parties' minor child(ren);

___ 5. That upon the hearing of this cause, respondent be ordered to pay reasonable support for petitioner;

___ 6. That upon the hearing of this cause, respondent be ordered to pay reasonable support for the parties' child(ren);

___ 7. That upon the hearing of this cause, exclusive possession of the parties' residence be awarded to petitioner, or that respondent be ordered to provide alternate housing for petitioner;

___ 8. That respondent pay the costs and litigation tax of this cause;

___ 9. For general relief.

______________________________

PETITIONER

THIS IS THE FIRST APPLICATION FOR EXTRAORDINARY PROCESS IN THIS CAUSE.

STATE OF TENNESSEE )

COUNTY OF ________ )

__________, being first duly sworn, makes oath that the petitioner has read the foregoing petition, knows the contents thereof, and that the same is true and correct to the best of the petitioner's knowledge, information and belief.

______________________________

PETITIONER

Sworn to and subscribed before me this __________ day of __________, 19___.

______________________________

NOTARY PUBLIC OR CLERK

My Commission expires: __________

(2)

____________________________

Petitioner

vs.

_____________________________

Respondent.

TO THE RESPONDENT, __________:

It appears to the court from the sworn petition for an order of protection, that such an order should issue pursuant to Tennessee Code Annotated, title 36, chapter 3, part 6.

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED:

1. That respondent, __________, is restrained and prohibited from abusing, threatening to abuse, or committing acts of violence upon petitioner;

2. That if respondent violates this order, the respondent may be held in contempt of court and punished by incarceration in the __________ County jail.

3. That a hearing on this matter will be held on the __________ day of __________, 19___, at __________, in the __________ Court of __________ County, Tennessee; and that respondent has a right to secure counsel to represent the respondent at the hearing.

4. That, pursuant to Tennessee Code Annotated, 36-3-609, a copy of this Order be issued to all local law enforcement agencies in __________ County.

5. That, pursuant to Tennessee Code Annotated, 36-3-611, respondent may be arrested by a law enforcement officer without a warrant if that officer has reasonable cause to believe that respondent has violated or is violating this order;

ENTERED this __________ day of __________, 19___.

______________________________

JUDGE

OFFICER'S RETURN

Served on respondent by personally reading the notice to respondent and by leaving a copy of the notice with respondent on the __________ day of __________, 19___, __________.m.

______________________________

SHERIFF-DEPUTY-SHERIFF

(3)

____________________________

Petitioner,

vs.

____________________________

Respondent.

TO THE RESPONDENT, __________:

Notice is hereby given to you, __________, that the petitioner shall appear before the Honorable __________, __________ of the __________ Court for __________ County, Tennessee, on the __________ day of __________, 19___, requesting the court to extend the ex parte order of protection previously entered in this cause, and to award the relief prayed for in the petition for orders of protection.

The hearing is to be held at __________.m. and you may be represented by counsel if you so choose.

IF YOU WANT TO TELL YOUR SIDE TO THE JUDGE, YOU MUST BE AT THE HEARING ON __________, 19___. IF YOU DO NOT COME TO THE HEARING, THE JUDGE WILL DECIDE BASED ONLY ON YOUR SPOUSE'S TESTIMONY.

______________________________

CLERK

Served on respondent by personally reading the notice to the respondent and by leaving a copy of the notice with the respondent on the __________ day of __________, 19___, __________.m.

______________________________

DEPUTY SHERIFF

(4)

____________________________

Petitioner,

vs.

____________________________

Respondent.

This cause came on to be heard upon petitioner's petition for orders of protection on the __________ day of __________, 19___, upon notice duly served on the respondent and upon statements made in open court. From the entire record herein, the court finds that the petitioner has proved the allegations of abuse by a preponderance of the evidence.

IT IS, THEREFORE, ORDERED that the respondent is enjoined from coming about petitioner for any purpose and specifically from abusing, threatening to abuse petitioner, or committing any acts of violence upon petitioner upon penalty of contempt.

IT IS FURTHER ORDERED AS FOLLOWS:

1. That, if respondent violates this order, the respondent may be held in contempt of court and punished by incarceration in the __________ County jail.

2. That, pursuant to Tennessee Code Annotated, 36-3-609, a copy of this order be issued to all local law enforcement agencies in __________ County.

3. That, pursuant to Tennessee Code Annotated, 36-3-611, respondent may be arrested by a law enforcement officer without a warrant if that officer has reasonable cause to believe that respondent has violated or is violating this order.

IT IS ORDERED AS FOLLOWS:

(X where applicable)

__________ The petitioner is awarded custody of the parties' minor child(ren), _________________________________________________________________

_________________________________________________________________

__________ Respondent shall pay $ __________ per __________ for the support of the parties' minor child(ren), the payments to be made to the clerk's office, together with the clerk's fee of five percent (5%)($ ), for the total payment each __________ of $ __________;

__________ Respondent shall pay $ __________ per __________ for the support of petitioner, the payments to be made to the clerk's office, together with the clerk's fee of five percent (5%) ($ ), for a total payment each __________ of $ __________;

__________ Petitioner is awarded exclusive possession of the parties' residence located at __________, and respondent is evicted therefrom;

__________ Respondent shall provide suitable alternative housing for petitioner by the ___ day of __________, 19___.

IT IS FURTHER ORDERED, that respondent shall pay the costs and litigation tax of this cause.

IT IS FURTHER ORDERED, that this order shall remain in effect for a period of one hundred twenty (120) days, and petitioner, upon notice to respondent, may request a continuation of this order.

ENTERED THIS _____ day of_______, 19__.

______________________________

JUDGE

Served on the respondent by personally reading the order to the respondent and by leaving a copy of the order with the respondent on the __________ day of __________, 19___, __________.m.

(c) In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the fees authorized for the clerk in subsection (b) shall be ten percent (10%).

36-3-605. Protection orders; ex parte orders; hearings; extension; service

(a) Upon the filing of a petition under this part, the courts may immediately, for good cause shown, issue an ex parte order of protection. An immediate and present danger of abuse to the petitioner shall constitute good cause for purposes of this section.

(b) Within ten (10) days of service of such order on the respondent under this part, a hearing shall be held, at which time the court shall either dissolve any ex parte order which has been issued, or shall, if the petitioner has proved the allegation of abuse by a preponderance of the evidence, extend the order of protection for a definite period of time, not to exceed one (1) year unless a further hearing on the continuation of such order is requested by the respondent or the complainant in which case, on proper showing of cause, such order may be continued for a further definite period of one (1) year after which time a further hearing must be held for any subsequent one-year period. Any ex parte order of protection shall be in effect until the time of the hearing. If no ex parte order of protection has been issued as of the time of the hearing, and the petitioner has proven the allegation of abuse by a preponderance of the evidence, the court may, at that time, issue an order of protection for a definite period of time, not to exceed one (1)year.

(c) The court shall cause a copy of the petition and notice of the date set for the hearing on such petition, as well as a copy of any ex parte order of protection, to be served upon the respondent at least five (5) days prior to such hearing. Such notice shall advise the respondent that the respondent may be represented by counsel.

(d) If the court, after the hearing, issues or extends an order of protection, petitioner's court costs and attorney's fees shall be assessed against the respondent.

36-3-606. Protection orders; contents

(a) A protection order granted under this part to protect the petitioner from domestic abuse may include, but is not limited to:

(1) Directing the respondent to refrain from committing abuse or threatening to commit abuse against the petitioner or the petitioner's minor children;

(2) Prohibiting the respondent from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;

(3) Prohibiting the respondent from stalking the petitioner, as defined in 39-17-315;

(4) Granting to the petitioner possession of the residence or household to the exclusion of the respondent by evicting the respondent, by restoring possession to the petitioner, or by both;

(5) Directing the respondent to provide suitable alternate housing for the petitioner when the respondent is the sole owner or lessee of the residence or household;

(6) Awarding temporary custody of, or establishing temporary visitation rights with regard to, any minor children born to or adopted by the parties;

(7) Awarding financial support to the petitioner and such persons as the respondent has a duty to support. Except in cases of paternity, the court shall not have the authority to order financial support unless the petitioner and respondent are legally married. Such order may be enforced pursuant to chapter 5 of this title; or

(8) Directing the respondent to attend available counseling programs that address violence and control issues or substance abuse problems. A violation of a protection order or part of such order that directs counseling pursuant to this subpart may be punished as criminal or civil contempt. The provisions of 36-3-610(a) apply with respect to a non-lawyer general sessions judge who holds a person in criminal contempt for violating this subpart.

(b) Relief granted pursuant to subdivisions (a)(4)-(8) shall be ordered only after the petitioner and respondent have been given an opportunity to be heard by the court.

(c) Any order of protection issued under this part shall include the statement of the maximum penalty which may be imposed pursuant to 36-3-610 for violating such order.

(d) No order of protection made under this part shall in any manner affect title to any real property.

(e) If the petitioner is a family or household member as defined in 36-3-601(4)(D) or (E), the provisions of subdivisions (a)(4) and (5) shall not apply to such petitioner.

36-3-607. Bonds

The court shall not require the execution of a bond by the petitioner to issue any order of protection under this part.

36-3-608. Protection orders; duration and modification

(a) All orders of protection shall be effective for a fixed period of time, not to exceed one (1) year.

(b) The court may modify its order at any time upon subsequent motion filed by either party together with an affidavit showing a change in circumstances sufficient to warrant the modification.

36-3-609. Protection orders; copies to be issued

A copy of any order of protection and any subsequent modifications shall be issued to the petitioner, the respondent, and the local law enforcement agencies having jurisdiction in the area where the petitioner resides. The officer serving the order of protection shall read the order to the respondent. Upon receipt of the copy of the order of protection, the local law enforcement agency shall enter such order in the Tennessee crime information system.

36-3-610. Contempt

(a) Upon violation of the order of protection or a court-approved consent agreement, the court may hold the defendant in civil or criminal contempt and punish the defendant in accordance with the law. A judge of the general sessions court shall have the same power as a court of record to punish the defendant for contempt when exercising jurisdiction pursuant to this part or when exercising concurrent jurisdiction with a court of record. A judge of the general sessions court who is not a licensed attorney shall appoint an attorney referee to hear charges of criminal contempt.

(b) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates an order of protection or a court-approved consent agreement a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court approved consent agreement be made under an income assignment to the clerk of court.

(c) Upon collecting the civil penalty imposed by subsection (b), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by s 36-3-616.

36-3-611. Arrest

(a) An arrest for violation of an order of protection issued pursuant to this part may be with or without warrant. Any law enforcement officer shall arrest the respondent without a warrant if:

(1) The officer has proper jurisdiction over the area in which the violation occurred;

(2) The officer has reasonable cause to believe the respondent has violated or is in violation of an order for protection; and

(3) The officer has verified whether an order of protection is in effect against the respondent. If necessary, the police officer may verify the existence of an order for protection by telephone or radio communication with the appropriate law enforcement department.

(b) No ex parte order of protection can be enforced by arrest under this section until the respondent has been served with the order of protection or otherwise has acquired actual knowledge of such order.

36-3-612. Person taken before magistrate court; hearings; bond; notice to protected party

A person arrested pursuant to this part shall be taken before a magistrate or the court having jurisdiction in the cause without unnecessary delay to answer a charge of contempt for violation of the order of protection, and the court shall:

(1) Notify the clerk of the court having jurisdiction in the cause to set a time certain for a hearing on the alleged violation of the order of protection within ten (10) working days after arrest, unless extended by the court on the motion of the arrested person;

(2) Set a reasonable bond pending the hearing on the alleged violation of the order of protection; and

(3) Notify the person who has procured the order of protection and direct the party to show cause why a contempt order should issue.

36-3-613. Leaving residence or household to avoid abuse; self-defense

(a) The petitioner's right to relief under this part is not affected by petitioner's leaving the residence or household to avoid abuse.

(b) The petitioner's right to relief under this part is not affected by use of such physical force against the respondent as is reasonably believed to be necessary to defend the petitioner or another from imminent physical injury or abuse.

36-3-614. Paternity

(a) Failure of a respondent to contest paternity in any proceeding commenced pursuant to this part shall not be construed as an admission of paternity by such respondent, nor shall such failure to contest be admissible as evidence against the respondent at any pending or subsequent paternity proceeding.

(b) Where paternity is contested in a proceeding commenced pursuant to this part, if the court orders the parties to submit to any tests and comparisons to determine parentage authorized by 24-7-112, the court may grant an order of protection pending the outcome of any such tests and comparisons.

36-3-615. Notice to victim of arrestees eligibility to post bond

(a) After a family or household member has been arrested for assault pursuant to s 39-13-101 against another family or household member or aggravated assault pursuant to s 39-13-102 against another family or household member, 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 trial for the offense.

(b) Subsection (a) is solely intended to be a notification provision, and no cause of action is intended to be created thereby.

36-3-616. Domestic violence community education fund

(a) There is hereby established a general fund reserve to be allocated through the general appropriations act, which shall be known as the domestic violence community education fund. Moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues or interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.

(b) The general assembly shall appropriate, through the general appropriations act, moneys from the domestic violence community education fund to the department of human services. Such appropriations shall be specifically earmarked for the purposes set out in this section.

(c) All moneys appropriated from the domestic violence community education fund shall be used exclusively by the department to provide grants to the Tennessee task force against domestic violence. The commissioner of human services shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it. Such grants shall be for the purpose of providing education, training and technical assistance to communities on domestic violence.

36-3-617. Protection orders; assistance in completion of petition forms; court costs

Notwithstanding any other provision of law to the contrary, the petitioner shall not be required to pay any filing fees, litigation taxes or any other costs associated with the filing, issuance or enforcement of an order of protection authorized by this part upon the filing of the petition. The judge shall assess court costs and litigation taxes at the hearing of the petition or upon dismissal of the petition. The clerk of the court may provide order of protection petition forms to agencies that provide domestic violence assistance. Any agency that meets with a victim in person and recommends that an order of protection be sought shall assist the victim in the completion of the form petition for filing with the clerk. No agency shall be required to provide this assistance unless it has been provided with the appropriate forms by the clerk.

36-3-618. Legislative purpose and intent

The purpose of this part is to recognize the seriousness of domestic abuse as a crime and to assure that the law provides a victim of domestic abuse with enhanced protection from domestic abuse. A further purpose of this chapter is to recognize that in the past law enforcement agencies have treated domestic abuse crimes differently than crimes resulting in the same harm but occurring between strangers. Thus, the general assembly intends that the official response to domestic abuse shall stress enforcing the laws to protect the victim and prevent further harm to the victim, and the official response shall communicate the attitude that violent behavior is not excused or tolerated.

36-3-619. Arrest; mandatory reports; notice of victims' rights and availability of shelters

(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 within or without 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) 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 __________

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.

36-3-620. Seizure of weapons used by abuser

(a)        (1) If a law enforcement officer has probable cause to believe that a criminal offense involving abuse against a family or household member, as defined in 36-3-601, has occurred, the officer shall seize all weapons that are alleged to have been used by the abuser or threatened to be used by the abuser in the commission of a crime.

(2) Incident to an arrest for a crime involving abuse against a family or household member, as defined in 36-3-601, a law enforcement officer may seize a weapon that is in plain view of the officer or discovered pursuant to a consensual search, if necessary for the protection of the officer or other persons; provided, that a law enforcement officer is not required to remove a weapon such officer believes is needed by the victim for self defense.

(b) The provisions of 39-17-1317, relative to the disposition of confiscated weapons, shall govern all weapons seized pursuant to this section that were used or threatened to be used by the abuser to commit the crime; provided, that if multiple weapons are seized, the court shall have the authority to confiscate only the weapon or weapons actually used or threatened to be used by the abuser to commit the crime. All other weapons seized shall be returned upon disposition of the case. Also, the officer shall append an inventory of all seized weapons to the domestic abuse report that the officer files with the officer's supervisor pursuant to 36-3-619(e).

(c) The officer's supervisor shall include the appended information on seized weapons in the compilation of data that the officer's supervisor forwards to the administrative director of the court pursuant to 36-3-619(f).

36-3-621. Voluntary reporting; health care practitioners; confidentiality

(a) The general assembly finds that the incidence of spousal abuse and battering is on the rise in Tennessee and that measures should be taken to statistically document these incidents so that further study can be undertaken, and reasonable proposals to end the violence be put forth and considered in a rational and deliberate manner. The general assembly further finds that such statistics can be compiled only if health care practitioners are encouraged to report instances of abuse when they examine abused patients. Such voluntary reporting will most likely occur if the law protects both the practitioner's duty to maintain confidentiality, with full civil immunity, and the patient from the types of violence, including acts of revenge, that may result when the batterer is reported. Such reporting system must be administered in a manner that ensures that abused patients are encouraged to seek adequate medical care for their physical and emotional injuries which result from acts of spousal abuse. The general assembly further finds that neither the law enforcement officials statewide, nor the courts, are adequately trained, or equipped by law, to fully address, or reduce, the incidence of spousal abuse and domestic violence.

(b) Any health care practitioner licensed or certified under title 63, who knows, or has reasonable cause to suspect, that a patient's injuries, whether or not such injuries cause a patient's death, are the result of domestic violence or abuse, is encouraged to report to the department of health, office of health statistics, on a monthly basis. The report shall not disclose the name or identity of the patient, but should include the nature and extent of the patient's injuries, the substance in summary fashion of any statements made by the patient, including comments concerning past spousal abuse with the patient's current spouse or previous partner(s), that would reasonably give rise to suspicion of spousal abuse. The practitioner shall include any other information upon which the suspicion of abuse is based.

(c) If a patient is treated by more than one (1) health practitioner, it is the duty of the supervising practitioner of the unit or department providing treatment, or of any other health practitioner designated by the unit or department, to ensure that the reports are made on a timely basis and that duplicate reports of the incident are not made. In the event that the patient is referred to another health practitioner for treatment, the report shall be made only by the referring practitioner so that duplicate reports are not made.

(d) Any person making any report pursuant to this part, including an employee or agent of a health care practitioner licensed under title 63 in the reasonable performance of such person's duties and within the scope of their authority, shall be presumed to be acting in good faith and shall thereby be immune from any liability, civil or criminal, that might otherwise be incurred or imposed including administrative actions for licensure revocation. Any person alleging lack of good faith has the burden of proving bad faith. Such reporter shall have the same immunity with respect to participation in any judicial proceeding resulting from such report, or in any judicial or administrative proceeding in which the information so reported is subpoenaed, examined, or considered.

(e)        (1) The identity of a person who reports abuse, neglect, or exploitation, and the information so reported, as contemplated under this section are confidential and privileged and may not be revealed unless a court with jurisdiction under this part so orders for good cause shown.

(2) Except as otherwise provided in this section, it is unlawful for any person, except for purposes directly connected with the administration of this part, to disclose, receive, make use of, authorize or knowingly permit, participate, or acquiesce in the use of any list or the name of, or any information concerning, a practitioner participating in the voluntary reporting system.

(3) Nothing herein shall be construed to limit the duty of any person or entity to make any required report or to cooperate in any manner required by the provisions of the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1.

(4) A violation of this subsection is a Class B misdemeanor.

(f) On a form to be created jointly by the Tennessee task force against domestic violence and the Tennessee Medical Association, in consultation with the department of health, each health care practitioner should file a summary report on a monthly basis, of the incidents of spousal abuse, to the department of health, office of health statistics. The office of health statistics shall compile such statistics in a meaningful fashion, in consultation with the Tennessee task force against domestic violence, and by presenting the information for each of the twelve (12) community health agencies statewide. At the end of each calendar year, the office of health statistics shall file a report of the incidence of spousal abuse with the speakers of both houses, the Tennessee task force against domestic violence, and the Tennessee Medical Association.