What Happens if You Violate an Order of Protection in TN?

An Order of Protection in Tennessee is more than just a piece of paper; it is a direct, legally binding court order. While the order itself is a civil matter, the moment it is violated, the situation escalates into a serious criminal offense with severe consequences. If you have been accused of violating a protection order, it is critical to understand that you are no longer just dealing with a family law issue—you are facing a criminal charge.

Many people underestimate the severity of a violation, often leading to arrest and a lasting criminal record. This guide explains exactly what happens when an Order of Protection is violated in Tennessee, the penalties you face, and the steps you must take to protect your freedom.

From Civil Order to Criminal Charge: The Critical Shift in the Legal Process

The most important thing to understand is the legal transformation that occurs during a protection violation. The entire legal process shifts dramatically from civil to criminal legal proceedings.

• The Order of Protection Hearing: This is a civil proceeding. It’s a dispute between the two parties involved (the petitioner and the respondent) where a judge decides whether to place restrictions on one party to protect the other from further harm.
• A Violation of the Order: This is a criminal offense. When you violate the order, you are not just breaking a rule set by the petitioner; you are defying a direct order from a Tennessee court. The case is no longer just between you and the petitioner—it is now between you and the State of Tennessee, and it falls under criminal law.

This means the police can arrest you, and a prosecutor can file criminal charges against you, completely separate from the original Order of Protection case. Understanding these legal complexities and the potential legal repercussions is the first step when you are facing accusations.

The Core Issues: Domestic Abuse, Sexual Assault, and Protective Orders

To understand why a violation is treated so seriously, it’s important to understand the issues that lead to protective orders being issued. These are not simple disagreements; they often involve serious allegations and are a key tool for safeguarding victims.

A protective order is a legal shield created by the court to protect an alleged victim from further violence. When a court issues this order, it is making a legal finding that the petitioner requires legal protection. Any violation of these protective orders is therefore not just an act against the individual, but a direct defiance of the court’s authority.

Many of these protective orders stem from serious allegations of domestic abuse. If the original order was granted because of domestic abuse or domestic assault, the legal system views any violation with extreme prejudice. Law enforcement and prosecutors will often assume that a violation signals an escalation of the underlying abuse, which is why arrests are common and bond conditions affecting the defendant’s release can be severe. In some cases, the initial act could even be charged as an aggravated assault.

Similarly, if the protective order was based on allegations of sexual assault, any violation is treated with the utmost seriousness. The legal system is structured to respond swiftly and severely to protect victims of sexual assault from any further contact or harm.

What Counts as Violating an Order of Protection?

A violation is any action that breaks the specific terms listed in your Order of Protection. While every order can have unique conditions, violations almost always include:

• Any Form of Contact: This is the most common violation. It includes phone calls, a single text message, emails, social media messages or tags, and sending letters.
• Third-Party Contact: Asking a friend, family member, or coworker to pass a message to the petitioner is a violation. You cannot use someone else to bypass the no-contact rule.
• Coming Too Close: The order will specify a distance you must maintain from the petitioner, their home, their workplace, and sometimes their children’s school. Knowingly coming within that prohibited distance is a violation.
• Stalking or Surveillance: Driving by the petitioner’s house, following them, or showing up at places you know they will be can be considered a violation.

A frequent and dangerous point of confusion is what to do if the petitioner contacts you first. If the person who filed the order reaches out to you, responding in any way can still be a violation on your part. The legal responsibility to follow the order rests entirely on you.

The Court Hearing and Penalties for a Protection Violation

In Tennessee, a knowing violation of an Order of Protection is a Class A Misdemeanor. This is a serious criminal charge. According to Tennessee Code Annotated § 39-13-113, the penalties for this criminal offense can be severe.

During the court hearing for the violation, the court determines if the evidence proves you knowingly violated the order. If you are convicted, the potential legal repercussions include:

• Jail Time: Up to 11 months and 29 days in county jail for a specified period. A judge has significant discretion in determining the sentence imposed, and there is rarely a chance for early release.
• Fines: Fines ranging up to $2,500.
• Probation: A lengthy period of supervised probation.
• Loss of Firearm Rights: A conviction will result in the loss of your right to own or possess a firearm.
• A Permanent Criminal Record: A conviction will appear on background checks, affecting your future. These long-term civil consequences can be devastating.
• Impact on Other Court Cases: A violation can negatively impact decisions regarding temporary custody or financial support in a related divorce case.

The Criminal Justice Process for a Violation

When a petitioner makes a request to law enforcement about a violation, it sets a criminal process in motion. The police may investigate the claim, and if they find probable cause, they can make an immediate arrest, sometimes without a warrant. You are no longer just a respondent in a civil case; you are now a criminal defendant.

The violation is treated as a new crime, separate from any allegations of domestic violence that led to the protection orders being issued prior. This means you will face additional criminal charges. The penalties for this new charge can be severe, including potential jail time and even imprisonment.

One of the most serious aspects is that any jail sentence for a violation can be served consecutively. This means if you were already on probation or facing charges for another crime, the judge can order that the jail time for this violation must be served after you complete the sentence for the other offense. The specific provisions of the original restraining orders will be examined closely in court, and any breach can lead to these stacked penalties.

Civil Contempt vs. Criminal Charges for a Protection Violation

When you violate an order of protection, you can face legal consequences on two separate fronts: civil contempt and criminal charges.

Civil Contempt: This is a civil action initiated by the petitioner. They file a motion asking the original judge to hold you in contempt for failing to obey the court order. The goal of civil contempt is not to punish you, but to compel your compliance. If the judge finds you in contempt, they can order you to pay fines or even impose jail time. However, this jail time is often coercive, meaning you can be released as soon as you agree to follow the order.

Criminal Charges: This is a separate action initiated by the state prosecutor. This is not about compliance; it is about punishing you for the criminal act of violating the order. A conviction leads to the penalties described above, including a set period of jail time and a criminal record.

It is critical to understand that you can be subject to both of these legal proceedings at the same time for the same violation.

How to Beat a Violation of an Order of Protection

Being accused of a violation is not the same as being convicted. The prosecutor must prove beyond a reasonable doubt that you knowingly violated the order. An experienced criminal defense attorney is essential for building a strong criminal defense. The best defenses often involve showing that:

• The Violation Was Not Willful: Perhaps you encountered the petitioner by accident in a public place and left immediately. Proving your actions were not intentional is a key defense.
• You Were Falsely Accused: In some cases, a petitioner may falsely accuse the respondent of a violation to gain leverage in a custody battle. Your attorney can work to expose inconsistencies in their story.
• Lack of Evidence: The state may not have sufficient evidence to prove the violation occurred. For example, a claim of a phone call may not be enough without phone records to back it up.

The Role of an Experienced Criminal Defense Attorney

When you are facing a criminal charge for a protection violation, you should not try to navigate the legal system alone. You need to seek legal guidance immediately. An experienced criminal defense attorney provides much more than just legal representation; they are your advocate and strategist.

An attorney will:

• Analyze the Allegations: Scrutinize the petitioner’s claims and the police report for weaknesses.
• Handle all Court Proceedings: Represent you at every court hearing, from arraignment to trial, ensuring your rights are protected.
• Negotiate with the Prosecutor: Work to get the criminal charges reduced or dismissed. Our firm has a strong track record of achieving positive outcomes, as you can see in our Case Results.
• Build a Strategic Defense: If the case goes to trial, your criminal defense lawyer will build a case designed to fight the specific allegations.

You Need a Fierce Litigator in Your Corner

When you are facing criminal charges, you need a bulldog in the courtroom.

For over 25 years, Michael R. Giaimo has established himself as one of the most fierce advocates in the Upper Cumberland.

Known as a true trial attorney, he was recruited by Crabtree & Patterson for his brand of aggressive representation in defending the criminally accused. He focuses primarily on serious felony offenses and his trial resume is second to none.

If you are facing the severe consequences of a protection order violation, you need an attorney with Mike’s vast experience in state and federal courts.

Learn more about Michael R. Giaimo and contact us immediately for a confidential consultation to protect your freedom and your future.

Learn more about the overall process for Orders of Protection in Tennessee.