Guide · Personal safety

How do you document stalking for a Tennessee order of protection?

Short answer

Tennessee stalking is defined by a course of conduct — a repeated pattern, not a single act — so the record has to show repetition. Keep a dated incident log, preserve messages in their original form rather than deleting them, and note who else witnessed each event. If you are in immediate danger, call 911 first.

Written and reviewed by licensed Tennessee investigators · Statutes cited

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Personal safety

Building a record a court can act on

Immediate danger
Call 911. This guide is about the record, not about a crisis in progress
Legal basis
T.C.A. § 39-17-315 defines stalking as a course of conduct
Key requirement
Pattern, not a single incident
Core tool
A dated log: what, when, where, who saw it, how you felt and responded
Critical error
Deleting messages because they are distressing
Where to file
General Sessions or Circuit Court in the county; no filing fee to petition

If you are in immediate danger, stop reading and call 911. Everything below concerns building a record over time, which is a different problem from an emergency in progress.

Why does the pattern matter so much?

Tennessee defines stalking as a wilful course of conduct involving repeated harassment that would cause a reasonable person to feel frightened, intimidated or threatened. The phrase 'course of conduct' is the operative part. A single unwanted contact, however unsettling, does not usually meet it. Ten contacts across six weeks, documented with dates, frequently does.

This is why the log matters more than any individual piece of evidence. People arrive at a hearing able to describe the worst incident vividly and unable to establish the pattern that makes it actionable, because the earlier events were never written down.

What should the log contain?

  • Date and time of each incident, as precisely as you can
  • Location — where you were, and where they were
  • What happened, factually and without characterisation
  • How you learned of it if it was indirect, such as through a friend
  • Who else saw it, with their contact details
  • What you did — blocked the number, told them to stop, called police, left
  • Any report number if police were involved

Write entries the same day where you can. Contemporaneous records carry substantially more weight than a reconstruction assembled the week before a hearing, and the difference is visible to a judge.

What should you preserve, and how?

Everything, in its original form. Do not delete messages, voicemails, emails or social media contact because they are distressing — they are the evidence. Screenshot messages showing the sender, the timestamp and the surrounding thread rather than the words alone. Keep voicemails and back them up. Photograph anything left for you, in place, before moving it. Keep envelopes and packaging.

If contact comes through other people, log that too. Indirect contact through third parties is part of the course of conduct and is frequently how someone continues after being blocked.

What about cameras at home?

A doorbell or exterior camera covering your own property is generally lawful and is often the single most useful thing you can add, because it converts 'he drives past' into dated footage. Point it at your own property and approaches to it, not into a neighbor's home or windows. Preserve clips promptly, since most consumer systems overwrite quickly.

Where do you file, and what happens?

A petition for an order of protection is filed in the county where you live, where the respondent lives, or where the conduct occurred, in General Sessions or Circuit Court. There is no filing fee to petition. A court may issue an ex parte order immediately based on the petition, with a hearing set shortly afterwards where both sides appear. The log and the preserved evidence are what you bring to that hearing.

Court clerks can supply the forms and explain the process, though they cannot give legal advice. Local domestic violence advocacy organizations frequently assist with petitions at no cost.

When is an investigator useful here?

Where the pattern is real but hard to evidence: contact routed through others, a vehicle you cannot identify, an anonymous online account, or conduct that only happens when nobody else is present. Documentation of that kind converts a sincere account into something a court can act on. An investigator does not replace the police in an emergency and does not confront the subject — the product is the record.

  • T.C.A. § 39-17-315 defines stalking, aggravated stalking and especially aggravated stalking in terms of a wilful course of conduct.
  • T.C.A. § 36-3-601 et seq. governs orders of protection in Tennessee, including ex parte relief.
  • T.C.A. § 36-3-617 provides that no filing fee is assessed against a petitioner for an order of protection.
Commonly believed, and wrong

What people do that weakens their petition

The first two are completely understandable and both cost cases.

I deleted the messages because I could not stand seeing them.

Entirely understandable, and the messages were the evidence. Back them up somewhere you do not have to look at, and keep them.

One really frightening incident should be enough.

Tennessee stalking turns on a course of conduct. A single incident may support other relief, but the pattern is what the statute asks for.

I will remember the details when I get to court.

You will remember the worst one. The dates and sequence of the earlier ones, which establish the pattern, fade fast. Write them down the same day.

If I respond and tell them to stop, that counts against me.

Telling someone clearly to stop is useful and worth logging. What matters is documenting it rather than avoiding contact entirely.

What to do with this

Starting the record today

If you are in immediate danger, call 911 first. Otherwise, start here.

  • Start a dated log today and backfill everything you can remember, marking which entries are reconstructed
  • Stop deleting messages; back them up somewhere you do not have to look at
  • Screenshot with sender, timestamp and thread visible, not just the text
  • Note witnesses for each incident, with contact details
  • Report incidents to police even when they seem minor, and keep the report numbers
  • Contact the court clerk or a local advocacy organization about filing a petition

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Guide last reviewed by Watchtower Investigations, a licensed Tennessee private investigation agency and part of Delator Group. This guide is general information about Tennessee law and practice, not legal advice; for advice about your situation, speak with a Tennessee attorney. Back to top ↑