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TCA 36-3-613

Leaving residence or use of necessary force – Right to relief unaffected

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What does this charge mean?

A victim's right to get a protection order is not affected by the fact that they left their home to escape abuse. A victim also has the right to use physical force against the accused person if the victim reasonably believes it is necessary to protect themselves or someone else from immediate physical harm or assault.

Penalty Details

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Penalty SummaryClassification not specified
(a) The petitioner‘s right to relief under this part is not affected by the petitioner’s leaving the residence or household to avoid domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense. Ask a legal question, get an answer ASAP!(A) Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means. See Tennessee Code 36-3-601Domestic abuse: means committing abuse against a victim, as defined in subdivision (5). See Tennessee Code 36-3-601Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105Petitioner: 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. See Tennessee Code 36-3-601Respondent: 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(b) The petitioner’s right to relief under this part is not affected by use of such physical force against the respondent as is reasonably believed to be necessary to defend the petitioner or another from imminent physical injury, domestic abuse, or sexual assault.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section36-3-613