Violating a Restraining Order Attorney
A violation of an order of protection or restraining order can result in immediate arrest, even over incidental or disputed contact. At DeVore Law, PLLC, these charges are handled exclusively by Devin S. DeVore, who represents clients throughout Knoxville and East Tennessee.
Because a violation charge depends heavily on the exact terms of the underlying order and what notice the person actually received, the order itself is often the starting point of the defense.
Violating an Order of Protection — What You Need to Know
A violation of an order of protection or restraining order is a Class A misdemeanor, punishable by a fine of $100 to $2,500 and up to 11 months and 29 days in jail, with any sentence served consecutively to any other sentence based on the same underlying facts.
For a violation to apply, the person must have received notice of the request for the order, had an opportunity to appear and be heard, and the court must have made specific findings that the person committed domestic abuse, sexual assault, or stalking. A separate Class A misdemeanor applies to knowingly possessing a firearm while subject to a qualifying order.
A person can be arrested with or without a warrant for a violation, and is subject to a twelve-hour holding period before release.
How DeVore Law, PLLC Can Help
The Violation Case Timeline
What the State Must Prove
Proper Notice
The person must have received notice of the request for the order before it was entered.
Opportunity to Be Heard
The person must have had a chance to appear and contest the order before the court entered it.
Specific Court Findings
The court must have made specific findings of domestic abuse, sexual assault, or stalking in the underlying order.
Common Areas of Focus
The Order’s Exact Terms
Orders vary widely in what contact they actually prohibit, and the alleged conduct must be measured against the specific language.
Notice and Hearing Requirements
If the underlying process didn’t meet statutory requirements, a violation charge may not hold up.
Incidental Contact
Contact that was accidental, initiated by the protected party, or otherwise outside the order’s scope is a common and legitimate defense.
Firearm Possession
A separate violation applies to firearm possession while under a qualifying order, independent of any other contact allegation.
What to Expect — The Defense Process
While each case differs, most Knoxville restraining order violation cases follow these general stages:
01
Case Review
We review the underlying order, the notice and hearing record, and the specific allegation.
02
Evidence Development
We gather evidence regarding the nature of any contact and whether it falls within the order’s terms.
03
Negotiation
Where appropriate, we negotiate a resolution that accounts for the underlying order and any related case.
04
Trial
If the case doesn’t resolve favorably, Devin is fully prepared to try the case before a judge.
Why Work With Devin DeVore for Your Case
Restraining order violation defense at DeVore Law, PLLC is not delegated between attorneys. Devin DeVore personally handles every case, offering:
Direct access to your attorney
Personal handling of every case
Membership in the Tennessee and Knoxville Bar Associations
Experience coordinating criminal cases with protective order proceedings
Careful review of the underlying order and record
Speak With an Attorney About a Restraining Order Violation
If you’ve been charged with violating an order of protection or restraining order, Devin DeVore can review the order and the allegation against you.
Contact DeVore Law, PLLC to schedule a consultation.