A restraining order, more commonly known as a protection order in Tennessee, is a court order issued to prevent an individual from committing violence or abuse against another person. If an individual has suffered from domestic abuse, violence, harassment, stalking, threats, etc., they can request a restraining order to prevent the perpetrator from making contact with them, among other things. If there is a restraining order against you in Tennessee and you violate the terms, you can incur a variety of penalties. For more information and legal advice, reach out to a Memphis criminal defense attorney today.
What is Considered a Violation?
A violation of a restraining order can come in many forms, depending on the terms and conditions outlined in the court order. For example, if one of the stipulations of the order was to maintain zero contact with the victim, then calling or messaging them on social media is considered a violation. Other common violations include showing up at the victim’s home or work, being in possession of a firearm, making threatening remarks to the victim, refusing to vacate the home, and more.
Under Tennessee law, for an individual to have technically committed a violation of an order of protection, the following must be true.
- The person received notice of the request for an order of protection or restraining order
- The person had an opportunity to appear and be heard in connection with the order of protection or restraining order, and
- The court made specific findings of fact in the order of protection or restraining order that the person committed domestic abuse, sexual assault, or stalking as defined in § 36-3-601, or was convicted of a felony offense
Essentially, for the defendant to be considered guilty of a violation in the eyes of the law, they must have known that the restraining order was taken out against them. If they were unaware of the terms, then they may not have realized they were violating the order.
What Happens if You Violate a Restraining Order in TN?
Tennessee Code § 39-13-113 outlines the various regulations and penalties associated with violations of an order of protection. Violating a restraining order in Tennessee is generally considered a Class A misdemeanor, which is punishable by fines of up to $2,500 and up to 11 months and 29 days in jail.
If you are found guilty of violating a protective order, it is also possible that you will face charges for any other crimes committed with the offense. For example, if you violated the order by showing up at the victim’s house and then attacking them, you could face criminal charges for assault. Any additional sentencing or penalties you incur from other charges are to be served consecutively with the jail time you are issued for violating the court order.
Set up a free consultation at Ballin, Ballin & Fishman, PC to discuss your case with a knowledgeable defense attorney.