How do I enter evidence for orders of protection in Tennessee under rule 402?

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Sections 401 to 412 of Tennessee's Rules of Evidence define the kinds of evidence that can be presented in court. The general rule of thumb is evidence must be "relevant" to a fact of consequence in the case. Rule 402 explicitly excludes irrelevant evidence. This article is not written by a Tennessee attorney and is not intended to give legal advice.

Requesting Orders of Protection

Petition the court for orders of protection. Emergency orders can be granted without a formal hearing by showing "good cause." (Tenn. Code 36-3-605(a)) The petition for orders of protection is a five-page form (see Resources below) that must be submitted to the clerk of court in the local state court of the county in which the subject of the restraining order resides. The form requires you to identify your relationship to the person against whom you're seeking the order and a brief description of the reason. You may be asked to appear before a judge to explain your reason, but the evidentiary standard and burden of proof at this point is relaxed.

Evidence at Hearing

Present evidence at the hearing. If temporary orders of protection are issued, a formal hearing will be scheduled within 15 days. This is where you will be required to present evidence of your claims, and the other party will have the opportunity to refute them. Tennessee courts issue protective orders for the benefit of victims of domestic abuse, sexual assault and stalking. Only evidence that tends to prove the commission of these acts, or the threat to commit them, is relevant. Evidence about an individual's other crimes or character are most likely not relevant and will probably be excluded.

Grounds for Protective Order

Prove one of the grounds for a protective order with your evidence. The evidence you present in court will have to show that the person against whom you're seeking protection either abused, sexually assaulted or stalked you, or threatened to do so. Domestic abuse occurs when a member of your family or household physically hurts you or attempts to do so, confines you against your will, destroys your property on purpose or injures your pet. Sexual assault is rape or any other unwanted sexual contact, or acts that create the reasonable fear of such contact. Stalking is repeated harassment that involves following, calling, emailing or giving unwanted gifts, all or any of which create the reasonable feeling of intimidation, fear or molestation.