Orders of protection put distance between two people after conflict, harassment, or threats. When a judge signs one, that has real legal weight in the state. This order carries legal consequences for anyone who is bound by its terms.
Unfortunately, real situations are not clean or one-sided. Sometimes, both people end up breaking the order.
So, what happens if both parties violate a restraining order in TN? It could mean serious consequences for everyone involved.
A Violation Does Not Cancel the Order
Some people believe that mutual violations cancel each other out. But the courts look at things differently.
If both individuals violated the order, each action is evaluated on its own merits. The court will look at:
- Who initiated contact
- What form the violation took
- How the situation escalated
This is not a no one is at fault situation. Both parties and their actions will be examined.
How Courts Evaluate Mutual Violations
When both parties are accused of violating an order, judges have to look at the facts. They will review:
- Text messages and call logs
- Social media activity
- Who initiated contact first
- Whether there was a pattern of repeated violations
- Whether either party felt threatened or provoked
In the court system, the judge needs to know whether the order is being taken seriously and if additional protections are needed.
In some cases, one person may be responsible for escalating the situation. But that does not excuse the other person’s involvement.
Consequences Are Common
When someone violates an order of protection in Tennessee, this is a serious issue. Some of these consequences can include:
- Arrest with or without a warrant in some circumstances
- Criminal charges for knowingly violating a qualifying order
- Fines
- Jail time for more serious or repeated violations
- Modifications or extensions of the order in some cases
If both parties violated the order, these individuals may potentially face penalties. The court does not have to choose only one person to hold accountable.
Law enforcement may also intervene. If they are called to the scene, they may arrest one or both individuals. This all depends on what they observe and what evidence is available.
What to Do If You Have Been Contacted
If one person initiates contact, the safest legal expectation is no response at all. Once the order exists, the court expects each party to avoid engagement. This is true even when the other person breaks the rules first. If you are bound by the order, the safest course is not to respond and to document the contact for your attorney or law enforcement.
While that might not seem fair, any contact can keep the situation active and unstable.
No Dismissal Orders for Mutual Violations
You might think that mutual violations would lead to the order being thrown out or ignored, but the opposite is true.
Repeated violations signal to the court that:
- Boundaries are not being respected
- The conflict is still active
- There may be an ongoing risk of escalation
There are no loosening restrictions. Judges in these cases respond by reinforcing them or clarifying the terms more strictly.
Once the order is in place, contact must stop completely on both sides.
All Parties Must Respect the Order of Protection
What happens if both parties violate a restraining order in TN? When these orders are put in place, they are meant to be followed and respected. Violations by either party can lead to serious consequences under the law.
Once a legal line exists, the safest path forward is no contact, no response, and let the court handle enforcement.
At Easter & DeVore, Attorneys at Law, we know the difficult nature of restraining orders. We can help you determine your options so that you do not get involved in another legal battle. Schedule a consultation today to learn about how we can assist with these issues.
