§ 36-3-602 — Petition - Venue

Tennessee § 36-3-602

• Jurisdiction: Tennessee
• Title: 36

Text

(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.

Legislative History

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.