When a Tennessee court issues a restraining order, also known as an order of protection, it is more than just paperwork. It is a legally binding order. And if you happen to violate it, that can land you in serious hot water.
So, what exactly happens if you cross that line? Let’s walk through it step by step, so that you know what happens if you violate a restraining order in TN.
What Does a Restraining Order Do?
In Tennessee, restraining orders are issued for a variety of reasons, such as:
- Situations involving domestic violence
- Stalking
- Harassment
- Threats of harm
These legal orders create a space between one person (the petitioner or protected party) and another (the respondent, or the person against whom the order is issued).
There are two main types of orders of protection:
- Ex parte orders: These temporary orders are issued quickly. Many times, the respondent is not present because the court believes immediate protection is necessary.
- Extended orders: These are longer-term protections. They are granted after a hearing, where both sides have the opportunity to present their case. These can last up to a year or more. However, if violations keep happening, the court can extend them even longer.
What Is Considered a Violation?
Violations can cover a wide range of activities and behaviors. This is more than showing up at someone’s front door. You can violate an order if you:
- Call, text, or message the person when the order forbids it.
- Show up at places you are ordered to stay away from, such as a home, workplace, school, or a specific place of business.
- Ask a friend or family member to pass a message along on your behalf.
- Keep or use firearms if the order requires you to surrender them.
- Ignore custody or visitation provisions set by the court.
If you have been served with the order or know about it, you are expected to follow it. Claiming you didn’t know or did not understand will not go far in a court of law.
What Happens If You Break the Order?
A restraining order is serious. It can lead to severe consequences if you decide to violate it. Here are a few possible scenarios:
Immediate Arrest
In Tennessee, police do not need a warrant to arrest you if they have probable cause that you violated an order of protection. If the petitioner calls law enforcement and shows them the order, you could be taken into custody on the spot.
Criminal Charges
Violating a restraining order is a Class A misdemeanor. This is the most serious level of misdemeanor in the state. What are the penalties? You could get up to 11 months and 29 days in jail and fines up to $2,500.
If the violation involves violence, stalking, or other criminal conduct beyond a standard violation, prosecutors can tack on additional charges. Now, what could have been probation or a fine becomes a potential felony case.
Civil Consequences
Even if criminal charges are not pursued, the court can still hold you in contempt for violating its order. You can face fines, possible jail time, and an extension of the protection order. In fact, if the court finds a violation, it can extend the order for up to five years. With multiple violations, extensions can go up to 10 years.
Collateral Fallout
A violation record can hurt you in family court if you are fighting for custody. This can affect job opportunities where background checks are common. If the order includes firearm restrictions, you could lose your right to own or carry guns.
Always Play It Safe
Violating a restraining order usually makes your situation worse. Even if you feel the order is unfair, you need to work through the courts to get it modified or dismissed, not to take matters into your own hands. Judges don’t look kindly on respondents who disregard their orders, and once you have a violation on your record, your credibility takes a serious hit.
If you’re ever unsure about what you can or cannot do under an order, talk to a lawyer before taking action.
We Provide Legal Assistance for These Stressful Times
So, what happens if you violate a restraining order in TN? This misstep can lead to arrest, jail time, fines, and long-term consequences.
If you’re under an order of protection, take it seriously. And if you think the order goes too far or isn’t justified, reach out for legal help. At Easter & DeVore, Attorneys at Law, we can help you understand the restrictions and work towards hearing your side of the situation. Contact us today for a consultation.
