(a) An arrest for violation of an order of protection issued pursuant to this part may be with or without warrant. Any law enforcement officer shall arrest the respondent without a warrant if:

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Terms Used In Tennessee Code 36-3-611

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • Respondent: means the person alleged to have abused, stalked or sexually assaulted another in a petition for an order for protection. See Tennessee Code 36-3-601
(1) The officer has proper jurisdiction over the area in which the violation occurred;
(2) The officer has reasonable cause to believe the respondent has violated or is in violation of an order for protection; and
(3) The officer has verified whether an order of protection is in effect against the respondent. If necessary, the police officer may verify the existence of an order for protection by telephone or radio communication with the appropriate law enforcement department.
(b) No ex parte order of protection can be enforced by arrest under this section until the respondent has been served with the order of protection or otherwise has acquired actual knowledge of such order.
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