Violation of Order of Protection Charges in Tennessee
Nashville Order of Protection Defense Lawyers
A violation of an Order of Protection (OP) is treated as a serious offense under Tennessee law. These charges often arise in emotionally charged situations involving domestic disputes, breakups, divorce, or ongoing family conflict. In many cases, people are arrested for OP violations based on brief or indirect contact that they did not realize was prohibited.
Even an alleged first violation can result in immediate arrest, jail time, and additional criminal charges. Courts take protective orders very seriously, and violations are often enforced aggressively—sometimes without giving the accused an opportunity to explain the circumstances before being taken into custody.
At Freeman & Fuson, we understand that Order of Protection cases are rarely simple. They often involve confusion about the scope of the order, unclear service or notice, indirect communication, or contact involving shared children or property. Our attorneys carefully review the facts, the language of the order, and the surrounding circumstances to build a defense focused on protecting your freedom and record.
What Is a Violation of an Order of Protection in Tennessee?
Orders of Protection are issued by Tennessee courts to restrict contact between individuals in certain situations, most commonly involving allegations of domestic abuse, stalking, or harassment.
A violation occurs when a person knowingly disobeys the terms of a valid Order of Protection. Violations are typically prosecuted under:
- Tennessee Code Annotated § 39-13-113 (Violation of Order of Protection)
- Tennessee Code Annotated § 29-9-102 (Criminal Contempt of Court)
A violation does not require physical contact. Even minimal or indirect communication can be enough to trigger criminal charges.
Common Types of Order of Protection Violations
A person may be accused of violating an Order of Protection by engaging in conduct such as:
1. Direct Contact
Calling, texting, emailing, or messaging the protected person in any form when the order prohibits contact.
2. Indirect or Third-Party Contact
Communicating through friends, family members, social media, or other intermediaries to reach the protected person.
3. Accidental or Unintentional Contact
Running into the protected person in public, at work, or during child exchanges—especially when the order’s terms are unclear.
4. Social Media or Online Activity
Liking, commenting on, tagging, or posting content directed at or about the protected person.
5. Presence in Restricted Locations
Going to a home, workplace, school, or other location specifically prohibited by the order.
Because Orders of Protection vary widely in scope, understanding exactly what the order prohibits is critical.
Penalties for Violating an Order of Protection
Violating an Order of Protection is typically charged as a Class A misdemeanor in Tennessee. Penalties may include:
- Up to 11 months and 29 days in jail
- Fines up to $2,500
- Probation
- Mandatory counseling or intervention programs
- Extended or modified protective orders
- A permanent criminal record
In some cases, multiple violations or related conduct can lead to additional charges, including felony offenses.
Order of Protection Violations Often Involve Confusion and Misunderstanding
Many OP violation cases arise from misunderstandings rather than intentional defiance of a court order.
Common contributing factors include:
Unclear or overly broad language in the order
Lack of proper service or notice
Confusion about permitted contact involving children
Accidental encounters in public places
Contact initiated by the protected party
Reliance on verbal assurances that contact was “okay”
Unfortunately, even well-intentioned actions can still result in arrest if the court believes the order was violated.
How We Defend Violation of Order of Protection Charges
At Freeman & Fuson, we take Order of Protection violations seriously and move quickly to protect our clients.
Defense strategies may include:
Challenging whether the order was properly served or understood
Demonstrating lack of knowing or intentional violation
Showing contact was permitted or legally justified
Establishing that the protected party initiated or encouraged contact
Disputing indirect or third-party contact allegations
Challenging insufficient or unreliable evidence
Addressing constitutional or procedural violations
Negotiating for dismissal, reduction, or alternative resolutions
Preparing for trial when necessary
Because courts treat OP violations strictly, experienced legal representation is essential.
Why Legal Representation Matters in Order of Protection Cases
Order of Protection violations often carry immediate consequences, including arrest, jail time, and additional restrictions. A conviction can impact employment, custody rights, firearm possession, and future legal proceedings.
Early involvement by a criminal defense attorney can help ensure your rights are protected, evidence is properly examined, and the full context of the situation is presented to the court.
Talk to a Nashville Order of Protection Defense Lawyer Today
If you have been accused of violating an Order of Protection in Tennessee, do not ignore the situation or assume it will resolve itself. These cases move quickly and can escalate without warning.
Call Freeman & Fuson at (615) 298-7272 or contact us online for a confidential consultation. We will review the order, analyze the allegations, and work aggressively to protect your rights and future.