What if I Break a Restraining Order Unknowingly?

Victims of stalking, threats of abuse or sexual assault, or domestic violence may have a restraining order issued against their aggressor. In Tennessee, this is known as an order of protection. An order of protection prohibits you from having contact with the alleged victim. Unfortunately, the restraining order remains on your record indefinitely, often impeding your future endeavors.

It is of the utmost importance that you follow the terms of a protection order to a tee. Understanding the rules set forth in your protection order is essential to protecting your rights. Even unwittingly violating a restraining order places you at risk of criminal charges, requiring the services of a knowledgeable Nashville orders of protection lawyer.

What is an Order of Protection?

An order of protection is a court order signed by a judge that protects a victim of domestic violence. An order of protection may be issued to a spouse, family member, someone you currently have or formerly had a romantic relationship with, or past or current household members. An ex parte or temporary order will be issued first, followed by an extended order of protection (known as a final order of protection). An extended order of protection can last up to one year, although the petitioner can request that the order be extended an additional year.

Examples of Unintentionally Violating a Protection Order

Unfortunately, ignorance of the law is not a defense when it comes to violating an order of protection. Common examples of inadvertently breaking an order of protection include:

• E-mailing, texting, sending letters, or communicating with other persons who reside with the victim.
• Going to places where the victim regularly visits. While certain locations may be prohibited per the order of protection, you should avoid going to places that the victim frequents. If you do see the victim, you must leave immediately.
• Communicating with the victim through a friend or another third party. This may include asking a friend or co-worker to pass along a message to the victim.
• Possessing a firearm. A person under a protection order in Tennessee cannot own a gun or possess a permit to carry a gun. When the order is implemented, you will be ordered to surrender all firearms and remit an “Affidavit of Firearm Dispossession” to the court. Violating this rule will result in a misdemeanor charge.
• Having contact with the victim’s pets. Although the protection order likely specifies that you cannot live with the petitioner, you are also prohibited from interacting with their pets. Any interactions can be seen as interfering with the pet’s care and a direct violation of the court order.

Consequences of Breaking a Protection Order in Nashville

If you are accused of violating a protection order, a hearing will be held to determine if there is ample evidence to convict you. A violation order conviction comes with severe legal consequences, some of which include:

• Imprisonment: If you violate an order of protection, this is considered a Class A misdemeanor in Tennessee. You may be imprisoned for up to 11 months, 29 days, although judges have wide discretion when it comes to sentencing.
• Fines: The maximum fine for an order of protection violation is $2,500.
• Probation: You may face a lengthy supervised probation. The conditions of the supervised probation vary, but often include drug tests, periodic check-ins with your probation officer, and mandatory attendance in substance abuse treatment or counseling programs.
• Collateral consequences: A protection order violation will remain on your criminal record, showing up on background checks. This can make it difficult to get a job, suitable housing, or to renew professional licensure. Additionally, a violation can impact a child custody case, causing the court to deny visitation rights.

Aggressive Representation Makes a Difference

There are certain factors that may reduce your liability, one of which is unknowingly violating the restraining order. This can be a gray area, with certain judges providing more leniency based on the specific violation. To demonstrate that your violation was unintentional, you must provide convincing evidence that you took appropriate measures to remedy the situation.

For example, if the petitioner was present at the same restaurant, grocery store, or other public location as you, then camera footage showing you immediately leaving the vicinity can confirm your story. By working with a Nashville order of protection attorney, you give yourself the greatest chance of receiving mitigated penalties.

Speak with Our Nashville Order of Protection Attorneys Today

The Volunteer State takes order of protection violations seriously. If you are dealing with accusations of violating an order of protection, the legal team at Andrew C. Beasley, PLLC, would like to speak with you. Bringing various perspectives and skill sets to each case, our criminal defense team is committed to providing you with trusted representation. To schedule your free consultation with one of our Nashville order of protection lawyers, our office can be reached online or by calling (615) 846-9889.