Violating a Restraining Order Attorney in Knoxville, TN
Being accused of violating a restraining order in Tennessee is a serious criminal matter that can lead to jail time, fines, and consequences that impact both your personal and professional life. At Easter & DeVore, we represent individuals in Knoxville, TN who are facing allegations of restraining order violations, particularly in the context of domestic relations, family disputes, or prior criminal charges. We understand the legal complexities involved and are here to provide experienced legal defense and protect your rights.
What Is a Restraining Order in Tennessee?
A restraining order, also referred to as an order of protection, is a legal directive issued by a court to restrict contact between individuals. These orders are commonly issued in cases involving alleged domestic violence, stalking, harassment, or threats. Tennessee courts can impose orders of protection that:
- Prohibit any form of contact with the petitioner (in person, by phone, text, email, or social media)
- Require the respondent to leave a shared home or avoid specific locations
- Establish temporary custody or visitation rules
Violating any of these terms, even unintentionally, can lead to criminal charges.
Legal Consequences of Violating a Restraining Order
Under Tennessee Code Annotated § 39-13-113, knowingly violating an order of protection is a Class A misdemeanor, punishable by:
- Up to 11 months and 29 days in jail
- Fines up to $2,500
- Mandatory counseling or intervention programs
- Potential loss of gun ownership rights
If the violation involves assault, stalking, or repeated offenses, the penalties can be more severe and may include felony charges. Violations can also result in additional protective orders or stricter court-imposed restrictions.
Common Scenarios and Misunderstandings
Violations are often alleged in situations where communication may have been indirect, accidental, or initiated by the protected party. Common examples include:
- Responding to a text or call from the protected person
- Entering a public space where the protected person happens to be
- Attempting to contact children through the other parent
Courts may still view these actions as violations, even if there was no malicious intent. That’s why it is critical to understand the terms of the restraining order and seek legal counsel before taking any action that may be construed as contact.
Building a Defense
At Easter & DeVore, we carefully analyze the circumstances of the alleged violation, including whether:
- The accused was properly served or informed of the order
- The contact was accidental or unavoidable
- The protected party initiated contact or consented to interaction
- There is sufficient evidence to prove a knowing and intentional violation
We also work to ensure that violations are not used unfairly in family law cases involving custody, divorce, or visitation disputes.
Contact Easter & DeVore
If you are facing charges for violating a restraining order in Knoxville, TN, don’t wait to protect your rights. Contact Easter & DeVore today for a confidential consultation. We will review your case, explain your legal options, and develop a strong defense strategy aimed at minimizing or eliminating the consequences you are facing.
