What Is Considered a Violation of an Order of Protection?
An order of protection in Tennessee is a legal document issued by a court to protect victims of domestic abuse, stalking, sexual assault, or human trafficking. It prohibits the alleged abuser (respondent) from contacting or coming near the victim (petitioner).
These orders may include various provisions like no-contact orders, temporary child custody, and financial support. Violations of an order of protection can include but are not limited to:
- Contacting the petitioner directly or indirectly (e.g., phone, text, email, social media)
- Coming within a specified distance of the petitioner's home, workplace, or other locations
- Attempting to cause physical harm to the petitioner
- Stalking or harassing the petitioner
- Threatening the petitioner
- Damaging the petitioner's property
- Violating child custody or visitation terms specified in the order
- Failing to cover the costs of the court proceedings
- Maintaining possession of a firearm or ammunition
- Not surrendering control of a pet
- Ignoring any outlined terms included in the initial order
What Are the Consequences of Breaking an Order of Protection?
Violating an order of protection in Tennessee is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and/or a fine of up to $2,500. Repeated violations or those involving physical harm may result in more severe penalties.
It is worth noting that law enforcement officers can immediately arrest anyone who is violating the terms of an order of protection. You can also face additional charges if the violation involves breaking other laws. For instance, if you were ordered to stop all communication with the other party but continue to harass them by making repeated threatening calls to their job, you can face potential stalking or harassment charges.
How Long Do Orders of Protection Last in Tennessee?
Orders of protection are issued by the court for up to a year. However, the orders are renewable.
Have Questions? Talk with Our Domestic Violence Attorneys.
Facing domestic violence allegations can be overwhelming and emotionally taxing. It's essential to have a skilled and experienced legal advocate by your side. At Eldridge and Cravens, PC, our defense attorneys have experience in handling domestic violence cases and are committed to providing aggressive representation to protect your rights.
If you are facing domestic violence charges or have been named as the respondent in an order of protection, our team can work diligently to help you understand the road ahead and develop a strategy to mitigate and address the charges. We have decades of collective experience and are ready to put that experience to work in your case.
To request a free initial consultation, call (865) 544-2010.
