Restraining Orders

If you are an elderly adult or a vulnerable adult who has experienced abuse, you can file the petition yourself.¹ However, if it’s too difficult (burdensome) for you to go to court or you are not mentally capable of filing, the following people can file for you if they have personal knowledge of the abuse:

• your relative;
• a conservator, meaning someone appointed by a judge to manage your finances and daily decisions;
• an agent of the Tennessee Department of Aging and Disability;
• an agency or person (“assign”) who is authorized by one of the people listed above; or
• an attorney ad litem, which is a lawyer the judge appoints to investigate the abuse and make a recommendation to the court in your best interests.²

In addition, a law enforcement officer can request an ex parte order for you if all of the following are true:

• s/he responds to an incident involving you;
• s/he believes you are in immediate danger of abuse; and
• you agree to the officer filing on your behalf or you are not mentally capable of filing.³

The officer can request an order for you even if the abuser is not arrested. The officer can file it at any time of the day or night.⁴

¹ Tenn. Code § 71-6-124(a)(1)(C)
² Tenn. Code § 71-6-124(a)(1)(A), (a)(1)(B)
³ Tenn. Code § 71-6-124(a)(1)(D)(i)
⁴ Tenn. Code § 71-6-124(a)(1)(D)(ii)