As used in this part, unless the context otherwise requires:
(1) "Domestic abuse " means inflicting or attempting to inflict physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, or malicious damage to the personal property of the abused party;
(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 thousand (200,000) 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 the provisions of subdivision (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 of the county in which the petitioner resides;
(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), (B) or
(C) is not available;
< Text of (3)(E) effective until August 31, 1998. >
(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 court, criminal and civil, of the county in which the petitioner resides. 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.
(4) Deleted by 1997 Pub.Acts, c. 211, § 1, eff. May 13,
1997.
(5) "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;
(6) "Petitioner" means the person alleging domestic abuse in a petition for order for protection;
(7) "Preferred response" means law enforcement officers shall arrest a person committing domestic abuse unless there is a clear and compelling reason not to arrest;
(8) "Respondent" means the person alleged to have abused another in a petition for order for protection;
(9) "Victim" means any person who falls within the following categories and who a law enforcement officer has determined is not a primary aggressor under the factors set out in § 36-3-619(c):
(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 (9)(A)-(E); and
(10) "Weapon" means a firearm or a device listed in § 39-17-1302(a)(1)-(7).
Amended by 1994 Pub.Acts, c. 764, § 1, eff. April 14, 1994; 1995 Pub.Acts, c. 507, § 3, eff. July 1, 1995; 1996 Pub.Acts, c. 684, § 1, eff. March 29, 1996; 1997 Pub.Acts, c. 96, § 1, eff. April 16, 1997; 1997 Pub.Acts, c. 211, § 1, eff. May 13, 1997; 1997 Pub.Acts, c. 459, §§ 1, 2, eff. June 13, 1997.