reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-108 - Forced marriage prohibited - Civil action

(a)
Marriage, at any age, that is entered into without valid, freely-given consent from both parties is contrary to the public policy of this state and shall be void and unenforceable in this state.
(b)
A person who is forced, whether by violence, threats, or coercion, to marry another shall have a cause of action against any party who forced the person to marry. A claim under this section shall not be based on parental or familial guidance motivated by the person's best interest, which is expressed in a reasonable manner.
(c)
Damages for a claim under this section shall include:
(1)
Liquidated damages of two hundred fifty thousand dollars ($250,000);
(2)
Reasonable attorneys' fees; and
(3)
Court costs.
(d)
Upon a finding of forced marriage, the court shall order the marriage in question void.
(e)
Notwithstanding §
28-3-104
, an action under this section must be commenced within ten (10) years after the cause of action accrues by solemnization of marriage.
Acts 2018, ch. 1049, § 8.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-109 - Issuance of license to drunks, insane persons or imbeciles forbidden

No license shall be issued when it appears that the applicants or either of them is at the time drunk, insane or an imbecile.
Acts 1937, ch. 81, § 3; C. Supp. 1950, § 8414.3; T.C.A. (orig. ed.), § 36-411.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-110 - Contest of issuance

Any interested person shall have the right to contest the issuance of the marriage license, which contest shall be filed, heard and determined by the judge of the probate court, or judge of the juvenile court, or any judge or chancellor; provided, that such contest shall not be filed without the filing of a cost bond in the sum of at least fifty dollars ($50.00) with solvent sureties executed by the contestant, conditioned as in civil cases, and the cost of such contest shall be adjudged against the losing party.
Acts 1937, ch. 81, § 4; C. Supp. 1950, § 8414.4; T.C.A. (orig. ed.), § 36-412.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-111 - County clerk violating law - Penalty

Any county clerk or deputy clerk who issues a marriage license without compliance with the last sentence in §
36-3-103(c)(1)
, §§
36-3-104
- 36-3-106, §
36-3-109
, §
36-3-110
, or §
36-3-113
, and not in good faith, commits a Class C misdemeanor.
Amended by 2018 Tenn. Acts, ch. 1049,s 6, eff. 5/21/2018.
Acts 1937, ch. 81, § 5; C. Supp. 1950, § 8414.5; Acts 1959, ch. 124, § 3; T.C.A. (orig. ed.), § 36-413; Acts 1989, ch. 591, § 113; 1996, ch. 1031, § 3.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-112 - Fraudulently signing or using false documents - Misdemeanor

Fraudulently signing or knowingly using any false document purporting to be one provided for in §
36-3-104
or §
36-3-106
is a Class C misdemeanor.
Acts 1937, ch. 81, § 7; C. Supp. 1950, § 8414.7; T.C.A. (orig. ed.), § 36-414; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-113 - [See Compiler's Note.] Marriage between one man and one woman only legally recognized marital contract. [See Compiler's Note.]

(a)
Tennessee's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage.
(b)
The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state.
(c)
Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee.
(d)
If another state or foreign jurisdiction issues a license for persons to marry, which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state.
Acts 1996, ch. 1031, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 3 - CEREMONY (§§ 36-3-301 — 36-3-308) › Section 36-3-302 - Formula not required

(a)
No formula need be observed in such solemnization, except that the parties shall respectively declare, in the presence of the minister or officer, that they accept each other as husband and/or wife.
(b)
For the purposes of satisfying the requirement in subsection (a) that each party must make a declaration in the presence of a minister or officer, a member of the armed forces of the United States may appear at the marriage ceremony via video conferencing if:
(1)
The member of the armed forces is stationed in another country in support of combat or another military operation;
(2)
A commissioned officer is present with, and confirms the identity of, the member of the armed forces;
(3)
A person authorized to solemnize marriages pursuant to §
36-3-301
is present with, and confirms the identity of, the person who is marrying the member of the armed forces; and
(4)
The person who is marrying the member of the armed forces is present in this state.
Amended by 2017 Tenn. Acts, ch. 397,s 2, eff. 5/18/2017.
Code 1858, § 2440; Shan., § 4190; Code 1932, § 8413; T.C.A. (orig. ed.), § 36-416.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 3 - CEREMONY (§§ 36-3-301 — 36-3-308) › Section 36-3-303 - Return of license to clerk - Penalty for failure to return - Society of Friends

(a)
One authorized by §
36-3-301
who solemnizes the rite of matrimony shall endorse on the license the fact and time of the marriage, and sign the license, and return it to the county clerk within three (3) days from the date of marriage. Every person who fails to make such return of the license commits a Class C misdemeanor.
(b)
The functions, duties and liabilities of the party solemnizing marriage as set forth in this part shall, in the case of marriages solemnized among the Religious Society of Friends, be incumbent upon the clerk of the congregation, or in the clerk's absence, the clerk's duly designated alternate.
Code 1858, § 2443 (deriv. Acts 1815, ch. 47, § 1); Acts 1879, ch. 98, § 2; 1889, ch. 134, § 2; 1915, ch. 109, §§ 1, 2; Shan., § 4193; mod. Code 1932, § 8421; Acts 1963, ch. 68, § 1; 1970, ch. 440, § 2; T.C.A. (orig. ed.), § 36-417; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 3 - CEREMONY (§§ 36-3-301 — 36-3-308) › Section 36-3-304 - Form of certificate

The clerk shall, on each license, place the following form of certificate, to be signed by the person solemnizing the marriage:
"I solemnize the rite of matrimony between the above (or within) named parties on the ____________________ day of ____________________, ____________________."
Code 1858, § 2444; Shan., § 4194; mod. Code 1932, § 8422; T.C.A. (orig. ed.), § 36-418.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 3 - CEREMONY (§§ 36-3-301 — 36-3-308) › Section 36-3-305 - Solemnizing marriage between incapable persons - Misdemeanor

Any such minister or officer who knowingly joins together in matrimony two (2) persons not capable thereof commits a Class C misdemeanor and shall also forfeit and pay the sum of five hundred dollars ($500), to be recovered by action of debt, for the use of the person suing.
Code 1858, § 2446 (deriv. Acts 1778, ch. 7, § 5); Shan., § 4196; mod. Code 1932, § 8423; T.C.A. (orig. ed.), § 36-419; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 3 - CEREMONY (§§ 36-3-301 — 36-3-308) › Section 36-3-306 - Marriage consummated by ceremony not invalidated by failure to comply with law - Restriction

Failure to comply with the requirements of §§
36-3-104
- 36-3-106, 36-3-109 - 36-3-111 shall not affect the validity of any marriage consummated by ceremony. No marriage shall be valid, whether consummated by ceremony or otherwise, if the marriage is prohibited in this state.
Amended by 2018 Tenn. Acts, ch. 1049,s 7, eff. 5/21/2018.
Acts 1937, ch. 81, § 6; C. Supp. 1950, § 8414.6; T.C.A. (orig. ed.), § 36-420; Acts 1996, ch. 1031, § 4.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 3 - CEREMONY (§§ 36-3-301 — 36-3-308) › Section 36-3-307 - Nickname in license does not invalidate marriage

Any marriage that may have been or may be celebrated between persons, by license regularly issued, is valid, and the issue thereof is declared legitimate, although the baptismal name of either party may be omitted in the license, or a nickname be used instead thereof; provided, that the parties have consummated the marriage by cohabitation, and can be identified as the persons between whom such marriage was solemnized.
Acts 1870-1871, ch. 100, § 1; Shan., § 4200; mod. Code 1932, § 8425; T.C.A. (orig. ed.), § 36-421.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 3 - CEREMONY (§§ 36-3-301 — 36-3-308) › Section 36-3-308 - Marriages during War Between the States validated

All marriages contracted and entered into during the War Between the States (1861-1865) and duly solemnized, are declared valid, and the issue of these marriages are declared legitimate.
Acts 1865-1866, ch. 58, § 1; Shan., § 4199; mod. Code 1932, § 8424; T.C.A. (orig. ed.), § 36-422.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 4 - BREACH OF MARRIAGE CONTRACT (§§ 36-3-401 — 36-3-405) › Section 36-3-401 - Proof of contract

In all actions for damages for the breach of promise or contract of marriage that may hereafter be tried in the courts of this state, unless there is written evidence of such contract, signed by the party against whom the action is brought, the alleged contract must be proved by at least two (2) disinterested witnesses before any recovery may be allowed.
Acts 1949, ch. 161, § 3; C. Supp. 1950, § 8462.3 (Williams, § 9720.7); T.C.A. (orig. ed.), § 36-701.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 4 - BREACH OF MARRIAGE CONTRACT (§§ 36-3-401 — 36-3-405) › Section 36-3-402 - Plaintiff's testimony - Corroboration required

In any suit for damages for breach of promise or contract of marriage that may hereafter be tried in the courts of this state, the unsupported testimony of the plaintiff shall not be sufficient to prove such contract, and proof of the association of the parties shall not be sufficient corroboration.
Acts 1949, ch. 161, § 2; C. Supp. 1950, § 8462.2 (Williams, § 9720.6); T.C.A. (orig. ed.), § 36-702.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 4 - BREACH OF MARRIAGE CONTRACT (§§ 36-3-401 — 36-3-405) › Section 36-3-403 - Questions considered in determining damages

In all suits for damages for breach of promise or contract of marriage that may hereafter be tried in the courts of this state, the judge hearing the case shall instruct the jury to take into consideration the age and experience of the parties and whether the plaintiff has been previously married. Any previous marriage on the part of such plaintiff shall be considered by the court and jury in mitigation of the damages that might otherwise be allowed.
Acts 1949, ch. 161, § 1; C. Supp. 1950, § 8462.1 (Williams, § 9720.5); T.C.A. (orig. ed.), § 36-703.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 4 - BREACH OF MARRIAGE CONTRACT (§§ 36-3-401 — 36-3-405) › Section 36-3-404 - Measure of damages when defendant over sixty (60)

In all suits for damages for breach of promise or contract of marriage that may be tried in the courts of this state, where the defendant is more than sixty (60) years of age at the time the case is tried, proof of damages shall be limited to the actual financial loss of the plaintiff up to the date of the trial and no punitive damages shall be allowed.
Acts 1949, ch. 161, § 4; C. Supp. 1950, § 8462.4 (Williams, § 9720.8); T.C.A. (orig. ed.), § 36-704.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 4 - BREACH OF MARRIAGE CONTRACT (§§ 36-3-401 — 36-3-405) › Section 36-3-405 - Joinder with other actions prohibited

No action for the breach of promise of marriage can be joined or tried with any other action for damages.
Acts 1949, ch. 161, § 5; C. Supp. 1950, § 8462.5 (Williams, § 9720.9); T.C.A. (orig. ed.), § 36-705.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 5 - PROPERTY RIGHTS OF SPOUSES (§§ 36-3-501 — 36-3-505) › Section 36-3-501 - Enforcement of antenuptial agreements

Notwithstanding any other law to the contrary, except as provided in §
36-3-502
, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of such agreement shall be binding upon any court having jurisdiction over such spouses and/or such agreement if such agreement is determined, in the discretion of such court, to have been entered into by such spouses freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse. The terms of such agreement shall be enforceable by all remedies available for enforcement of contract terms.
Acts 1980, ch. 492, § 1; T.C.A., § 36-606.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 5 - PROPERTY RIGHTS OF SPOUSES (§§ 36-3-501 — 36-3-505) › Section 36-3-502 - Creditor's rights

(a)
No marriage settlement or other marriage contract shall be good against creditors, where a greater value is secured to the intended wife, and the children of the marriage, or either of them, than the portion actually received with the wife in marriage, and such estate as the husband at the time of the husband's marriage shall be possessed of, after deducting the just debts by the husband then due and owing.
(b)
In case of any suit upon any such marriage contract, where any creditor is a party, the burden of proof lies upon the person claiming under such marriage contract.
(c)
In such case, any legacy given to the wife in general words, and not in trust, or any distributive share in an estate during coverture, shall be taken as a part of the portion received with the wife, and secured to those claiming under the marriage contract, to make up any deficiency created by the claims of creditors on the property conveyed in the marriage contract.
Code 1858, §§ 1767, 1768 (deriv. Acts 1785, ch. 12, § 2); Shan., §§ 3157, 3158; Code 1932, §§ 7839, 7840; T.C.A. (orig. ed.), § 36-605.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 5 - PROPERTY RIGHTS OF SPOUSES (§§ 36-3-501 — 36-3-505) › Section 36-3-503 - Antenuptial debts of wife - Nonliability of husband

No husband shall be liable for the debts, contracts or obligations of the wife incurred by the wife previous to marriage.
Acts 1877, ch. 79, § 1; Shan., § 4238; mod. 1932, § 8459; T.C.A. (orig. ed.), § 36-604.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 5 - PROPERTY RIGHTS OF SPOUSES (§§ 36-3-501 — 36-3-505) › Section 36-3-504 - Disabilities of coverture removed from married women - Statute of limitations

(a)
Married women are fully emancipated from all disability on account of coverture, and the common law as to the disability of married women and its effects on the rights of property of the wife, is totally abrogated, except as set out in §
36-3-505
, and marriage shall not impose any disability or incapacity on a woman as to the ownership, acquisition or disposition of property of any sort, or as to the wife's capacity to make contracts and to do all acts in reference to property that the wife could lawfully do, if the wife were not married, but every woman now married, or hereafter to be married, shall have the same capacity to acquire, hold, manage, control, use, enjoy and dispose of, all property, real and personal, in possession, and to make any contract in reference to it, and to bind herself personally, and to sue and be sued with all the rights and incidents thereof, as if the wife were not married.
(b)
All of the statutes of limitation that apply in favor of or against a feme sole, and the feme sole's property, shall apply and operate in favor of or against married women and their property.
Acts 1913, ch. 26, § 1; 1919, ch. 126, §§ 1, 3; Shan. Supp., §§ 4249a4, 4249a41/2, 4249a6; mod. Code 1932, §§ 8460, 8462; T.C.A. (orig. ed.), §§ 36-601, 36-603.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 5 - PROPERTY RIGHTS OF SPOUSES (§§ 36-3-501 — 36-3-505) › Section 36-3-505 - Tenancies by entirety unaffected

Nothing in §
36-3-504
shall be construed as abolishing tenancies by the entirety.
Acts 1919, ch. 126, § 2; Shan. Supp., § 4249a5; mod. Code 1932, § 8461; Acts 1976, ch. 529, § 20; T.C.A. (orig. ed.), § 36-602.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-602 - Petition - Venue

(a)
Any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense, may seek relief under this part by filing a sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by the respondent.
(b)
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 that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition, notice of hearing and any ex parte order of protection shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed on behalf of the unemancipated person by the department or the guardian ad litem.
(c)
Venue for a petition for an order of protection, and all other matters relating to orders of protection, shall be in the county where the respondent resides or the county in which the domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or human trafficking offense occurred. If the respondent is not a resident of Tennessee, the petition may be filed in the county where the petitioner resides.
Amended by 2022 Tenn. Acts, ch. 1115, s 4, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1115, s 3, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 586, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 906, s 2, eff. 1/1/2017.
Acts 1979, ch. 350, §§ 3, 16; T.C.A., § 36-1203; Acts 1987, ch. 270, § 1; 1997 , ch. 211, § 2; 1997 , ch. 459, § 2; 2002, ch. 646, § 3; 2005, ch. 75, § 2; 2005, ch. 257, § 1; 2005, ch. 381, § 3; 2006, ch. 871, § 1; 2007 , ch. 348, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-603 - Duration of protection order - Petition for protection order in divorce action

(a)
If an order of protection is in effect at the time either the petitioner or respondent files a complaint for divorce, the order of protection shall remain in effect until the court to which the divorce action is assigned:
(1)
Modifies the order;
(2)
Dissolves the order; or
(3)
Makes the order part of the divorce decree.
(b)
If the court modifies the order or makes the order of protection part of the divorce decree, the court shall issue a separate order of protection.
(c)
The clerk shall immediately forward a copy of any order of protection issued and any subsequent modifications to the petitioner, respondent, and the local law enforcement agencies having jurisdiction in the area where the petitioner resides in the manner provided by §
36-3-609(e)
.
(d)
Nothing in this section shall prohibit a petitioner from requesting relief under this part in a divorce action.
Amended by 2017 Tenn. Acts, ch. 241,s 1, eff. 7/1/2017.
Acts 1979, ch. 350, § 2; T.C.A., § 36-1202; Acts 1986, ch. 715, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-604 - Forms

(a)
(1)
The office of the clerk of court shall provide forms that 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 clerk may obtain the most current forms by printing them from the website of the administrative office of the courts.
(2)
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 assistance that is necessary for the filing of the petition. All such petitions that are filed pro se shall be liberally construed procedurally in favor of the petitioner.
(b)
The administrative office of the courts, in consultation with the domestic violence coordinating council, shall develop a petition for orders of protection form, an amended order of protection form, an ex parte order of protection form and other forms that are found to be necessary and advisable. These forms shall be revised as the laws relative to orders of protection and ex parte orders of protection are amended by the general assembly. To the extent possible, the forms shall be uniform with those promulgated by surrounding states so that Tennessee forms may be afforded full faith and credit.
(c)
The administrative office of the courts shall revise the petition for an order of protection form to fully advise the respondent of this part in language substantially similar to the following:
(1)
If the order of protection is granted in a manner that fully complies with
18 U.S.C. § 922(g)(8)
, the respondent is required to terminate physical possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms that the respondent possesses within forty-eight (48) hours of the granting of the order;
(2)
It is a criminal offense for a person subject to an order of protection that fully complies with
18 U.S.C. § 922(g)(8)
, to possess a firearm while that order is in effect; and
(3)
The issuance of an order of protection may terminate or, at least, suspend the individual's right to purchase or possess a firearm.
(d)
These forms shall be used exclusively in all courts exercising jurisdiction over orders of protection.
Acts 1979, ch. 350, § 4; 1982, ch. 935, § 1; T.C.A., § 36-1204; Acts 1987, ch. 270, §§ 2-5; 1995, ch. 410, § 2; 1995, ch. 456, § 6; 1996, ch. 684, § 5; 1997, ch. 211, § 3; 1998, ch. 715, § 1; 1999, ch. 344, § 3; 2000, ch. 638, § 2; 2001, ch. 319, § 1; 2009, ch. 455, § 1; 2010, ch. 959, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-607 - Bond not required

The court shall not require the execution of a bond by the petitioner to issue any order of protection under this part.
Acts 1979, ch. 350, § 9; T.C.A., § 36-1209.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-608 - Duration of protection order - 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.
Acts 1979, ch. 350, § 10; T.C.A., § 36-1210.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-611 - Arrest for violation of protection order

(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.
Acts 1979, ch. 350, § 13; T.C.A., § 36-1213; Acts 1987, ch. 270, §§ 9, 10.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-612 - Contempt hearing

(a)
A person arrested for the violation of an order of protection issued pursuant to this part or a restraining order or court-approved consent agreement, 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, restraining order or court-approved consent agreement, 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, restraining order or court-approved consent agreement 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, restraining order or court-approved consent agreement; and
(3)
Notify the person to whom the order of protection, restraining order or court-approved consent agreement was issued to protect and direct the party to show cause why a contempt order should issue.
(b)
Either the court that originally issued the order of protection or restraining order or a court having jurisdiction over orders of protection or restraining orders in the county where the alleged violation of the order occurred shall have the authority and jurisdiction to conduct the contempt hearing required by subsection (a). If the violation is of a court-approved consent agreement, the same court that approved the agreement shall conduct the contempt hearing for any alleged violation of it. If the court conducting the contempt hearing is not the same court that originally issued the order of protection or restraining order, the court conducting the hearing shall have the same authority to punish as contempt a violation of the order of protection or restraining order as the court originally issuing the order.
Acts 1979, ch. 350, § 14; T.C.A., § 36-1214; Acts 1987, ch. 270, § 11; 1999, ch. 482, § 1; 2005, ch. 394, § 1; 2006, ch. 920, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-613 - Leaving residence or use of necessary force - Right to relief unaffected

(a)
The petitioner's right to relief under this part is not affected by the petitioner's leaving the residence or household to avoid domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense.
(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, domestic abuse, or sexual assault.
Amended by 2022 Tenn. Acts, ch. 1115, s 7, eff. 7/1/2022.
Acts 1979, ch. 350, § 15; T.C.A., § 36-1215; Acts 1997 , ch. 459, § 2; 2005, ch. 381, § 6.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-614 - Effect of failure to contest parentage - Order of protection pending parentage tests and comparisons

(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.
Acts 1991, ch. 380, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-615 - Notification to victim that family or household member arrested for assault may be released on bond

(a)
After a person has been arrested for assault pursuant to §
39-13-101
, aggravated assault pursuant to §
39-13-102
, against a victim as defined in §
36-3-601
, domestic assault pursuant to §
39-13-111
, or violation of a protective order pursuant to §
39-13-113
, 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.
Acts 1993, ch. 436, §§ 1, 2; 1997, ch. 211, § 4; 2001, ch. 352, § 1; 2006, ch. 920, § 3.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 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.
Acts 1994, ch. 858, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-617 - Protection order - Filing costs and assistance

(a)
(1)
Notwithstanding any other law to the contrary, no domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal or enforcement of an ex parte order of protection, order of protection, or a petition for either such order, whether issued inside or outside the state. If the court, after the hearing on the petition, issues or extends an order of protection, all court costs, filing fees, litigation taxes and attorney fees shall be assessed against the respondent.
(2)
If the court does not issue or extend an order of protection, the court may assess all court costs, filing fees, litigation taxes and attorney fees against the petitioner if the court makes the following finding by clear and convincing evidence:
(A)
The petitioner is not a domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 and that such determination is not based on the fact that the petitioner requested that the petition be dismissed, failed to attend the hearing or incorrectly filled out the petition; and
(B)
The petitioner knew that the allegation of domestic abuse, stalking, sexual assault, or felony offense under title 39, chapter 13, part 1, 2, 3, or 5 was false at the time the petition was filed.
(b)
(1)
The clerk of the court may provide order of protection petition forms to agencies that provide domestic violence assistance.
(2)
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.
(3)
No agency shall be required to provide this assistance unless it has been provided with the appropriate forms by the clerk.
Amended by 2021 Tenn. Acts, ch. 60, Secs.s3, s4 eff. 7/1/2021.
Acts 1995, ch. 410, § 3; 1997 , ch. 459, § 4; 2002, ch. 666, § 1; 2007 , ch. 348, § 3; 2008 , ch. 1074, § 1; 2009 , ch. 263, § 1; 2011 , ch. 402, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-618 - Purpose - Legislative 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.
Acts 1995, ch. 507, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-620 - Seizure of weapons in possession of alleged domestic abuser

(a)
(1)
If a law enforcement officer has probable cause to believe that a criminal offense involving domestic abuse against a victim, 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 domestic abuse against a victim, 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 courts pursuant to §
36-3-619(f)
.
Acts 1995, ch. 507, § 6; 1997, ch. 211, § 5; 1997, ch. 459, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-623 - Confidentiality of records of shelters, centers, providers

(a)
The records of domestic violence shelters, rape crisis centers, and human trafficking service providers shall be treated as confidential by the records custodian of such shelters, centers, or providers unless:
(1)
The individual to whom the records pertain authorizes their release; or
(2)
A court approves a subpoena for the records, subject to such restrictions as the court may impose, including in camera review.
(b)
As used in this section, "human trafficking service providers" means agencies or groups that are incorporated as a not-for-profit organization for at least six (6) months, are tax-exempt under § 501 of the Internal Revenue Code (
26 U.S.C. § 501
), and that have provided services to victims of human trafficking.
Amended by 2018 Tenn. Acts, ch. 613,s 1, eff. 7/1/2018.
Acts 1999, ch. 344, § 5; 2005, ch. 226, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 6 - DOMESTIC ABUSE (§§ 36-3-601 — 36-3-627) › Section 36-3-626 - Authorization to carry handgun after order of protection granted and while application for temporary handgun permit pending

(a)
A person who petitions the court and is granted an order of protection, ex parte or otherwise, pursuant to this part is authorized to, for twenty-one (21) calendar days after that order of protection is granted, carry any handgun, as defined in §
39-17-1319
, that the person legally owns or possesses so long as the person has in the person's possession at all times while carrying the handgun a copy of the order of protection.
(b)
A person who does not apply for a temporary handgun carry permit under §
39-17-1365
within the time period set forth in §
39-17-1365(a)
shall not be authorized to carry a handgun under subsection (a) once that time period has expired.
(c)
A person who has applied for a temporary handgun carry permit under §
39-17-1365
may continue to carry a handgun after the time period in subsection (a) has expired while that application is pending, so long as the person has in the person's possession at all times while carrying the handgun both a copy of the temporary handgun carry permit application receipt as provided by the department and a copy of the order of protection.
Added by 2017 Tenn. Acts, ch. 468, s 1, eff. 1/1/2018.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 7 - ALIENATION OF AFFECTIONS (§ 36-3-701) › Section 36-3-701 - Tort action abolished

The common law tort action of alienation of affections is hereby abolished.
Acts 1989, ch. 517, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-102 - Legal separation

(a)
A party who alleges grounds for divorce from the bonds of matrimony may, as an alternative to filing a complaint for divorce, file a complaint for legal separation. Such complaint shall set forth the grounds for legal separation in substantially the language of §
36-4-101
and pray only for legal separation or for such other and further relief to which complainant may think to be entitled. The other party may deny the existence of grounds for divorce but, unless the other party specifically objects to the granting of an order of legal separation, the court shall declare the parties to be legally separated.
(b)
If the other party specifically objects to legal separation, the court may, after a hearing, grant an order of legal separation, notwithstanding such objections if grounds are established pursuant to §
36-4-101
. The court also has the power to grant an absolute divorce to either party where there has been an order of legal separation for more than two (2) years upon a petition being filed by either party that sets forth the original order for legal separation and that the parties have not become reconciled. The court granting the divorce shall make a final and complete adjudication of the support and property rights of the parties. However, nothing in this subsection (b) shall preclude the court from granting an absolute divorce before the two-year period has expired.
(c)
Legal separation shall not affect the bonds of matrimony but shall permit the parties to cease matrimonial cohabitation. The court may provide for matters such as child custody, visitation, support and property issues during legal separation upon motion by either party or by agreement of the parties.
(d)
Notwithstanding this section, a party who can establish grounds for divorce from the bonds of matrimony pursuant to §
36-4-101
shall be entitled to an absolute divorce pursuant to this chapter.
Code 1858, § 2449 (deriv. Acts 1835-1836, ch. 26, § 19; 1841-1842, ch. 133, § 1); Shan., § 4202; Acts 1919, ch. 70, § 1; mod. Code 1932, § 8427; Acts 1963, ch. 283, § 1; 1967, ch. 284, §1; T.C.A. (orig. ed.), § 36-802; Acts 1989, ch. 489, § 1; 1998, ch. 1059, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-104 - Residence requirements

(a)
A divorce may be granted for any of the causes referenced in §
36-4-101
if the acts complained of were committed while the plaintiff was a bona fide resident of this state or if the acts complained of were committed out of this state and the plaintiff resided out of the state at the time, if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint.
(b)
For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one (1) year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere.
Code 1858, § 2450 (deriv. Acts 1799, ch. 19, § 7; 1835-1836, ch. 26, § 1; 1839-1840, ch. 54, § 1; 1845-1846, ch. 67, § 1); Shan., §4203; Code 1932, § 8428; Acts 1957, ch. 274, § 1; 1971, ch. 363, § 1; 1973, ch. 219, § 1; 1976, ch. 548, § 1; T.C.A. (orig. ed.), § 36-803.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-105 - Venue

(a)
The bill or petition may be filed in the proper name of the complainant, in the chancery or circuit court or other court having divorce jurisdiction, in the county where the parties reside at the time of their separation, or in which the defendant resides, if a resident of the state; but if the defendant is a nonresident of the state or a convict, then in the county where the applicant resides.
(b)
Any divorce granted prior to May 4, 1967, will not be deemed void solely on the ground that the parties to the divorce action were residents of a county or counties other than the county in which the divorce decree was entered.
Code 1858, § 2451 (deriv. Acts 1835-1836, ch. 26, §3); Acts 1859-1860, ch. 88; Shan., § 4204; Code 1932, § 8429; Acts 1961, ch. 180, §1; 1963, ch. 153, § 1; 1967, ch. 185, § 1; 1971, ch. 363, §2; T.C.A. (orig. ed.), § 36-804.