As used in this part, unless the context otherwise requires:

(1) “Abuse” means:

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Terms Used In Tennessee Code 36-3-601

  • Abuse: means :
    (A) Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means. See Tennessee Code 36-3-601
  • Adult: means any person eighteen (18) years of age or older, or who is otherwise emancipated. See Tennessee Code 36-3-601
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • court: means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. See Tennessee Code 36-3-601
  • Domestic abuse: means committing abuse against a victim, as defined in subdivision (5). See Tennessee Code 36-3-601
  • Fiduciary: A trustee, executor, or administrator.
  • Firearm: means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. See Tennessee Code 36-3-601
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Weapon: means a firearm or a device listed in §. See Tennessee Code 36-3-601
(A) Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means;
(B) Placing an adult or minor in fear of, or in, physical harm or physical restraint;
(C) Causing malicious damage to the personal property of the abused party; or
(D) Intentionally engaging in behavior that amounts to financial abuse;
(2) “Adult” means any person eighteen (18) years of age or older, or who is otherwise emancipated;
(3)

(A) “Court,” in counties having a population of not less than two hundred sixty thousand (260,000) nor more than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census, means any court of record with jurisdiction over domestic relation matters;
(B) Notwithstanding subdivision (3)(A), “court,” in counties with a metropolitan form of government with a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, means any court of record with jurisdiction over domestic relation matters and the general sessions court. In such county having a metropolitan form of government, a judicial commissioner may issue an ex parte order of protection. Nothing in this definition may be construed to grant jurisdiction to the general sessions court for matters relating to child custody, visitation, or support;
(C) “Court,” in all other counties, means any court of record with jurisdiction over domestic relation matters or the general sessions court;
(D) “Court” also includes judicial commissioners, magistrates and other officials with the authority to issue an arrest warrant in the absence of a judge for purposes of issuing ex parte orders of protection when a judge of one of the courts listed in subdivisions (3)(A), (3)(B) or (3)(C) is not available;
(E) In counties having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, “court” means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. In such counties, “court” also includes judicial commissioners, magistrates and other officials with the authority to issue an arrest warrant in the absence of a judge for purposes of issuing any order of protection pursuant to this part when a judge of one of the courts listed in subdivisions (3)(A), (3)(B) or (3)(C) is not available. Nothing in this definition may be construed to grant jurisdiction to the general sessions court, both criminal and civil, for matters relating to child custody, visitation, or support;
(F) Any appeal from a final ruling on an order of protection by a general sessions court or by any official authorized to issue an order of protection under this subdivision (3) shall be to the circuit or chancery court of the county. Such appeal shall be filed within ten (10) days and shall be heard de novo;
(4) “Domestic abuse” means committing abuse against a victim, as defined in subdivision (5);
(5) “Domestic abuse victim” means any person who falls within the following categories:

(A) Adults or minors who are current or former spouses;
(B) Adults or minors who live together or who have lived together;
(C) Adults or minors who are dating or who have dated or who have or had a sexual relationship. As used herein, “dating” and “dated” do not include fraternization between two (2) individuals in a business or social context;
(D) Adults or minors related by blood or adoption;
(E) Adults or minors who are related or were formerly related by marriage; or
(F) Adult or minor children of a person in a relationship that is described in subdivisions (5)(A)-(E);
(6) “Financial abuse” means behavior that is coercive, that is deceptive, or that unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which the person is entitled, including using coercion, fraud, or manipulation to:

(A) Restrict a person’s access to money, assets, credit, or financial information;
(B) Unfairly use a person’s economic resources, including money, assets, and credit, to gain an advantage; or
(C) Exert undue influence over a person’s financial behavior or decisions, including forcing default on joint or other financial obligations; exploiting powers of attorney, guardianship, or conservatorship; or failing or neglecting to act in the best interest of the person to whom a fiduciary duty is owed;
(7) “Firearm” means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;
(8) “Petitioner” means the person alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense in a petition for an order for protection;
(9) “Preferred response” means law enforcement officers shall arrest a person committing domestic abuse unless there is a clear and compelling reason not to arrest;
(10) “Respondent” means the person alleged to have abused, stalked or sexually assaulted another in a petition for an order for protection;
(11) “Sexual assault victim” means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of any form of rape, as defined in § 39-13-502, § 39-13-503, § 39-13-506 or § 39-13-522, or sexual battery, as defined in § 39-13-504, § 39-13-505, or § 39-13-527;
(12) “Stalking victim” means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of the offense of stalking, as defined in § 39-17-315; and
(13) “Weapon” means a firearm or a device listed in § 39-17-1302(a)(1)-(7).
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