You were innocently texting your ex to confirm after school pickup, and the next thing you know, you are accused of violating an order of protection. In Tennessee, even contact that seems minor or harmless can carry serious consequences when a court order is in place.
Below, The Law Firm, PC, explains what happens if you violate an order of protection in Tennessee, including possible criminal charges, contempt proceedings, and penalties, as well as what to do if you are accused.
If you have been accused of violating an order of protection, contact us online or call (931) 222-4010.
Is Violating an Order of Protection in Tennessee Always a New Crime?
Not always. Sometimes an alleged violation results in a new criminal charge, and at other times the court pursues contempt proceedings. The stakes are high either way, and an urgent response is vital.
That difference is important. Many believe that any violation automatically becomes a criminal case. It can, but not always. Much depends on the type of order or notice and how the court issued it. If the legal requirements are satisfied, a violation can be charged as a Class A misdemeanor.
What Conduct May Count as a Violation in Tennessee?
A protection violation generally means knowingly or intentionally doing something that the court order prohibits. Violations can include:
- Calling;
- Texting;
- Messaging on social media;
- Communicating through a friend;
- Appearing at the protected person’s home or workplace; or
- Getting within a restricted distance.
It also covers contact involving children. For instance, if the order states that you cannot visit a child’s school or that you are only allowed to use court-approved parenting exchanges, then picking up the child from school could violate an order of protection in Tennessee.
If the order prohibits firearm possession, having or carrying a gun is another serious violation. The main point is not whether the contact seemed harmless, but whether the order forbade it and if the person knowingly violated it.
Can You Be Arrested for Violating an Order of Protection in Tennessee?
Yes, police can arrest someone for an alleged violation without waiting for a warrant.
That can happen fast. If an officer verifies an active order and has probable cause to believe a violation occurred, they may arrest you. Texts, calls, showing up, or messages through others can quickly result in custody.
What Are the Penalties for Violating an Order of Protection in Tennessee?
The consequences can accumulate. Generally, violating a qualifying order of protection is a separate Class A misdemeanor, with a fine ranging from $100 to $2,500.
You might face a new misdemeanor charge and a contempt proceeding, which carries a $50 civil penalty and, if found in violation, a bond of at least $2,500 that remains in effect until the order of protection expires.
What Happens After an Arrest?
After an arrest, the case usually moves fast. You will go before a judge or magistrate without unnecessary delay, and the court typically sets a hearing soon after.
This rapid timeline requires immediate action. Waiting and hoping the situation resolves itself is almost always a mistake. You should review the order, confirm how and when it was served, and collect all facts related to the alleged contact.
Act quickly to gather messages, call logs, location data, witnesses, and context. These cases can move at surprising speed, even when the facts are messy or disputed.
What Should You Do If You Are Accused of Violating the Order?
First, stop all contact. Do not text. Do not call. Do not send messages through friends or relatives. Do not assume that mutual communication makes contact okay. A court order stays in effect until the court changes it.
Then take a few practical steps right away:
- Read the order carefully from top to bottom;
- Save texts, call logs, app messages, photos, videos, and location records;
- Avoid any direct or indirect contact with the protected person; and
- Speak with a lawyer before giving explanations that may be used against you.
Details are crucial in these situations. Timing, wording, service, and context all influence how a judge interprets the allegation. A rushed explanation can cause real harm. A wise response begins with the exact language of the order and the facts.
Why Legal Representation Helps in Protection Violation Cases
An alleged violation of a protection order can result in far more than a single misdemeanor charge. It can influence custody disputes, pending divorce litigation, bond conditions, firearm restrictions, and how a judge views a person in future hearings.
At The Law Firm, PC, we help our clients face high-stakes criminal and family law problems with a clear plan, not panic. Our team is known for bringing courtroom skill, practical strategy, and a direct, approachable style to difficult cases. When everything feels like it could spiral at once, we work to explain your options, protect your position, and fight for results that actually matter.
If you are facing an alleged violation of an order of protection in Tennessee, early legal action can make a significant difference in limiting criminal exposure and avoiding long-term consequences.
FAQ
Is Violating an Order of Protection a Crime in Tennessee?
It can be. Knowingly violating a qualifying order of protection or restraining order is an offense when the statutory requirements are met, including notice, an opportunity to be heard, and specific findings in the order. The offense is a Class A misdemeanor.
Can Police Arrest Someone for Violating an Order of Protection Without a Warrant?
Yes. Tennessee law allows an arrest with or without a warrant. Officers are generally required to make an arrest when they have probable cause to believe a violation occurred and confirm the order is in effect.
What Penalties Can Someone Face for Violating an Order of Protection?
A qualifying criminal violation is a Class A misdemeanor punishable by a fine of $100 to $2,500. The court may also address the matter by imposing contempt, assessing a $50 civil penalty, and requiring a bond of at least $2,500 until the order expires.
Can the Court Hold Someone in Contempt for Violating an Order of Protection?
Yes. Tennessee law expressly provides that a court may hold a person in civil or criminal contempt for violating an order of protection or a court-approved consent agreement. After an arrest, the court must set a contempt hearing within ten working days unless the court extends it at the defendant’s request.
What Should the Protected Person Do If the Order Is Violated?
If the protected person is in immediate danger or fears for their life, they should call 911. If there is no immediate danger, but they want to make a report or pursue charges, contact the non-emergency number or an advocate for guidance on options.
Legal Resources Used To Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and authoritative sources during the content development process:
- Justia. Tennessee Code § 36-3-610, Violation of Order or Consent Agreement – Civil or Criminal Contempt – Financial Penalty.
- UT County Technical Assistance Service. The Duty to Arrest a Respondent Who Violates an Order of Protection.
- Justia. Tennessee Code § 39-13-113, Violation of an Order of Protection or Restraining Order.
- Tennessee Courts. Order of Protection Judicial Benchcard.
- Justia. Tennessee Code § 36-3-611, Arrest for Violation of Protection Order.
- Justia. Tennessee Code § 36-3-612, Contempt Hearing.
- Office of Family Safety, Metropolitan Government of Nashville and Davidson County. Orders of Protection.
Alan has spent his career standing up for those the system tries to push aside. With over a decade of experience in criminal and corporate law, he pairs sharp trial skills with a deep sense of empathy—earned through his own personal walk through the justice system.
At The Law Firm, PC, Alan personally handles each case, giving clients direct access, honest advice, and fierce representation every step of the way. He knows their stories matter—and he fights to make sure they’re heard.
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