You may have been arrested after sending a text, answering a phone call, or going somewhere you thought you were allowed to be. Maybe the other person contacted you first, or you didn't realize a particular action was prohibited. Now you're being accused of violating a court order and could be facing a separate criminal charge.
Herbert & Lux defends people accused of violating orders of protection throughout Middle Tennessee, including Nashville, Franklin, Murfreesboro, Lebanon, Gallatin, and surrounding communities. We look at what the order actually says, what you're accused of doing, and whether the evidence supports the charge. If you've already been arrested or believe a violation has been reported, our attorneys can help you understand what happens next.
What Counts as Violating an Order of Protection in Tennessee?
A violation depends on the restrictions in the specific order. Some orders prohibit calls, texts, social media messages, or contact through another person. Others require someone to stay away from a home, workplace, or certain individuals. Being accused of violating an order doesn't necessarily mean there was a threat, a fight, or any physical contact.
For example, an allegation might involve sending a message after being told not to communicate, appearing at a location covered by the order, or contacting someone through a friend or family member. But the details matter. Herbert & Lux reviews the wording of the order alongside the alleged conduct, because prosecutors still have to establish that a criminal violation occurred.
What if the Other Person Contacted You First?
This is a common source of confusion. You may receive a text asking to talk, a call about your children, or an invitation to come home. If the order prohibits you from contacting that person, their invitation generally does not give you permission to ignore the restrictions.
Only the court can change or end an order of protection. Even if both people have reconciled, the order remains enforceable until the court changes it or it expires.
If you've been accused of a violation after the other person contacted you first, keep the messages, call logs, and any other records showing what happened. Those details may help explain the situation, although they do not automatically make prohibited contact lawful. Continue following the order while your case is pending.
Is Violating an Order of Protection a Criminal Offense in Tennessee?
Yes, under certain circumstances. Tennessee law makes knowingly violating a qualifying order of protection a Class A misdemeanor, which can carry up to 11 months and 29 days in jail. The law also provides for fines and, in some cases, enforcement through contempt proceedings.
The type of order matters. Tennessee has specific legal requirements for criminal prosecution, including notice and an opportunity to be heard in qualifying cases. A temporary order issued before a hearing may raise different enforcement questions from an order issued after both sides had an opportunity to appear.
If you already have a pending domestic assault charge, a new violation allegation can make your situation more complicated. The court may also need to address existing bond or no-contact conditions, which can operate separately from an order of protection.
Can You Fight an Order of Protection Violation Charge?
Yes. The prosecution must prove the elements of the alleged offense, and there may be important questions about the order, the evidence, or what actually happened.
Herbert & Lux looks at whether the order was legally enforceable for the charge being pursued, whether you had the required notice, and whether the conduct actually violated its terms. We also examine the evidence used to identify the person responsible for the alleged contact. A screenshot, for example, may not establish who sent a message or provide the full context of a conversation.
In some cases, the dispute concerns whether contact occurred at all. In others, the question is whether the conduct was covered by the order or whether the prosecution can prove the required mental state. We review the facts before discussing defenses or possible outcomes rather than assuming every alleged violation is the same.
What Happens After an Arrest for Violating an Order of Protection?
An arrest for an alleged violation can lead to a new criminal case, additional court dates, and possible restrictions on release. Depending on the order and the circumstances, the court may also consider contempt proceedings. These are different legal processes, and the procedures that apply depend on the type of order and the allegations.
While the new charge is pending, you still need to follow any existing order of protection and bond conditions. A separate criminal case being dismissed does not necessarily end the original order, and an invitation from the protected person does not override a judge's restrictions.
Herbert & Lux helps clients understand the charges and court requirements while reviewing the evidence behind the accusation. We handle these cases in Davidson County and other Middle Tennessee courts, where the specific court process can vary by location.
Defending Order of Protection Violation Charges Across Middle Tennessee
Being accused of breaking an order of protection can be frustrating, especially when you believe the contact was invited, accidental, or misunderstood. The important questions are what the order prohibited, what actually happened, and whether prosecutors can prove the charge.
Herbert & Lux represents clients facing order of protection violation charges in Davidson, Williamson, Rutherford, Wilson, Sumner, Robertson, and surrounding counties. You'll work directly with our attorneys as we review the court records, examine the evidence, and prepare your defense.
Contact Herbert & Lux to discuss an order of protection violation charge in Middle Tennessee.
