36-3-606 - Scope of protection order.
36-3-606. Scope of protection order.
(a) A protection order granted under this part to protect the petitioner from domestic abuse, stalking or sexual assault may include, but is not limited to:
(1) Directing the respondent to refrain from committing domestic abuse, stalking or sexual assault or threatening to commit domestic abuse, stalking or sexual assault 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;
(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 subdivision (a)(8); or
(9) Directing the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. In no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation.
(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 that 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 victim as defined in § 36-3-601(11)(C), the provisions of subdivisions (a)(4) and (5) shall not apply to such petitioner.
(f) An order of protection issued pursuant to this part shall be valid and enforceable in any county of this state.
(g) An order of protection issued pursuant to this part that fully complies with 18 U.S.C. § 922(g)(8) shall contain the disclosures set out in § 36-3-625(a).
[Acts 1979, ch. 350, §§ 6-8; T.C.A., §§ 36-1206 36-1208; Acts 1987, ch. 270, §§ 7, 12; 1991, ch. 380, § 4; 1995, ch. 507, § 4; 1996, ch. 684, § 2; 1996, ch. 734, § 1, 2; 1997, ch. 459, §§ 2, 3; 2001, ch. 352, § 2; 2005, ch. 381, § 5; 2007, ch. 352, § 2; 2009, ch. 455, § 2.]