What Are the Penalties for Violating a Restraining Order in Tennessee?

Violating a Tennessee restraining order is a serious criminal offense. These protective orders are legally binding, and any breach of their conditions can result in significant penalties, including substantial fines and jail time. Continue reading for more information and contact a knowledgeable Memphis criminal defense attorney today.

What is a Restraining Order?

In Tennessee, a restraining order is formally known as an Order of Protection. It is a civil court order designed to provide immediate safety and protection from abuse, threats, stalking, or harassment. A restraining order is typically sought by a victim against a family member, household member, dating partner, or stalker.

The main purpose of a protection order is to stop the abusive behavior and prevent future harm by legally restricting the defendant’s actions toward the petitioner. Once issued by a judge, the order is legally binding.

Common conditions specified in a Tennessee Order of Protection often include:

• Prohibiting the defendant from contacting the petitioner, either directly or indirectly.
• Mandating the defendant to stay a specified distance away from the petitioner’s home, workplace, or school.
• Granting the petitioner temporary custody of the children and possession of a shared residence.
• Ordering the defendant to surrender any firearms.

Violation of any condition is a criminal offense, leading to serious legal consequences.

How Can You Violate a Protection Order?

A Tennessee Order of Protection is violated when the defendant knowingly fails to comply with any of its mandated conditions. The most common violations include:

• Direct or indirect contact: Any communication, whether in person, by phone, text, email, or through a third party, is a violation if the order forbids contact.
• Physical proximity: Failing to maintain the court-ordered distance from the petitioner’s residence, workplace, or school.
• Refusal to surrender property: Not turning over firearms or failing to vacate a shared residence as required by the order.
• Abusive behavior: Continuing to harass, stalk, or threaten the protected party, which directly undermines the purpose of the order.

Any act that is in opposition to the judge’s stipulations constitutes a criminal offense.

What Are the Penalties for Violating a Restraining Order in TN?

In Tennessee, violating a restraining order is classified as a criminal offense, leading to severe penalties that escalate with each subsequent offense. A first violation of an Order of Protection is typically a Class A misdemeanor. Penalties can include:

• Jail time: Up to eleven months and twenty-nine days in jail.
• Fines: A fine of up to $2,500.

For a second or subsequent violation, the penalties become significantly harsher, as the offense is treated more seriously:

• Mandatory minimum sentence: A mandatory minimum jail sentence of forty-eight hours is often imposed.
• Enhanced penalties: Depending on the severity and specific circumstances, a subsequent offense could potentially be charged as a felony, leading to longer prison sentences, higher fines, and the loss of civil rights, such as the right to possess firearms.

In addition to criminal penalties, the defendant must often pay for mandatory counseling, court costs, and other court-ordered expenses. The violation may also significantly harm the defendant’s standing in any related civil custody or divorce proceedings.