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SB 406

Orders of Protection - As enacted, expands the courts in Shelby County that can hear a petition for an order of protection to include a criminal court when the criminal court is hearing a criminal matter involving a domestic abuse victim, sexual assault victim, or stalking victim; makes related changes. - Amends TCA Title 16; Title 18 and Title 36.

114th Regular Session (2025-2026) Introduced by Todd Gardenhire

Tennessee law allows Shelby County criminal courts to issue domestic abuse and sexual assault protection orders during related criminal proceedings, streamlining victim access to legal protection.

Pub. Ch. 246
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Bill Summary · SB 406

Legislative bill overview

SB 406 expands which courts in Shelby County can issue orders of protection by allowing criminal courts to grant them when handling cases involving domestic abuse, sexual assault, or stalking victims. The bill modifies Tennessee's protection order statutes to streamline the process for victims already engaged in the criminal justice system.

Why is this important

This change can reduce barriers for abuse and assault victims seeking legal protection by allowing them to obtain orders in the same court where their criminal case is being heard, potentially saving time and additional court appearances. For victims, this creates a more efficient pathway to restraining orders without requiring separate civil court proceedings.

Potential points of contention

  • Judicial efficiency vs. specialization: Civil courts typically handle protection orders with specific expertise; allowing criminal courts to issue them may dilute specialization or create inconsistent standards
  • Scope limitations: The change only applies to Shelby County (Tennessee's second-largest county), raising questions about why other counties weren't included and whether this creates geographic inequities
  • Criminal court workload: Adds responsibilities to already-busy criminal courts, potentially affecting case management and trial schedules

Compiled from official sources — confirm details with the bill’s official record.

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