Violating an Order of Protection in Tennessee
Orders of protection have the distinction of being one of the few types of action that start out as civil matters but can quickly turn into serious criminal matters with as little as a phone call from the respondent to the petitioner. Many individuals do not comprehend the ramifications of having an order of protection or restraining order issued against them and likewise do not seem to take seriously the prohibitions that such orders place on the conduct of those whom they are issued against. Typically, an order of protection prohibits the respondent from possessing firearms and from having any contact with the petitioner whatsoever. However, such orders are usually issued in cases where the respondent and petitioner had a close relationship prior to everything turning sour, meaning that respondents are often tempted to violate such orders in an effort to patch things up or to let the petitioner know how they feel about everything.
Such efforts at contacting the party protected by an order of protection can be a huge mistake. Tennessee Code Annotated 39-13-113 provides that violating an order of protection is a Class A misdemeanor, meaning violation of an order of protection can land the violating party in jail for up to eleven months and twenty-nine days. The necessary elements for this offense are very straightforward, with the code simply stating:
(a) It is an offense to knowingly violate:(1) An order of protection issued pursuant to title 36, chapter 3, part 6; or
(2) A restraining order issued to a victim as defined in § 36-3-601.
However, the statute does provide some relief to victims who were not aware of such an order or who have not had an opportunity to defend themselves against the imposition of such an order in court by stating:
(f) In order to constitute a violation of this section:(1) The person must have received notice of the request for an order of protection or restraining order;
(2) The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order; and
(3) The court made specific findings of fact in the order of protection or restraining order that the person committed domestic abuse, sexual assault or stalking as defined in § 36-3-601.
Notice, then, that this section only applies in cases where the respondent has had the opportunity to appear in court to contest an order of protection and specific findings of fact were made by the court that the person committed one of the three offenses cited in the code. In situations where someone agrees to an order of protection without findings of fact or where an order of protection was issued against an individual for a reason other than domestic abuse, sexual assault, or stalking, then violation of the order of protection would not constitute a Class A misdemeanor; rather, it would be punished as contempt of court which is punishable by up to ten days in jail.
The vast sentencing disparity in violating different types orders of protection makes clear that individuals should seek representation for both the initial order of protection hearing as well as any charges that stem from an alleged violation. While every county handles such orders differently, (Knox County, for instance has placed special emphasis on its order of protection court, replete with an orientation session that informs alleged victims and respondents alike of what an order of protection is and its consequences) violating an order of protection can lead to jail time in Hamblen County or Greene County just like it would in Knox County or any other Tennessee county. Contact an experienced East Tennessee Criminal Defense Attorney for assistance in handling your order of protection-related charges.
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