Tennessee Criminal Lawyer Blog

As discussed in previous blog articles on this site, orders of protection can be very burdensome on respondents, even to the point of giving rise to criminal contempt sanctions. Thus, a respondent who is subject to an order of protection will rightfully have a host of questions about the order. Luckily, many of the questions a respondent has about such an order can be answered by looking at the order itself.

One such question a respondent may have is how long the order will be in effect. The duration of the order will almost always be stated in the order. Under Tennessee law, all orders of protection are effective for a fixed period of time not to exceed one year. However, the court may modify its order at any time if a motion is filed by either party together with an affidavit showing a change in circumstances sufficient to warrant the modification. This means both that the petitioner who sought the order may be able to get it extended for whatever reason upon such a showing, but also that a respondent to an order may be able to get the order shortened or revoked if he or she is able to show a change in circumstances that warrants such treatment. The type of change in circumstances that is necessary depends upon the circumstances of the case and the conditions of the order.

Getting an order of protection shortened, revoked, or otherwise modified can be a huge benefit to the respondent, as violation of the order can lead to criminal contempt sanctions (as will be discussed in an upcoming blog). Respondents who are seeking modification of an order should consult an experienced Tennessee attorney who can assist them in presenting the necessary evidence of a change in circumstances to the court.