By Nathan Cate, Nashville Criminal Defense Attorney | Cate Law
A man in Davidson County was ordered by the court to stay at least 1,000 feet from his former girlfriend’s apartment and have no contact with her by any means. Three weeks later, he sent her a text message that said “I just want to talk about getting my stuff back.” That text message resulted in his arrest, a new criminal charge, and a night in jail.
A woman in Williamson County had an order of protection entered against her after a dispute with her ex-husband. The order prohibited contact with him and with their children except during scheduled visitation. She showed up unannounced at her daughter’s soccer game — where her ex-husband was also present. A deputy at the game arrested her on the spot.
A man in Rutherford County was subject to an order of protection that prohibited him from going to his ex-wife’s workplace. He drove to the parking lot of the building next door, stayed in his car, and watched from across the lot. She saw him, called police, and he was charged with violation of the order.
Violation of an order of protection is a standalone criminal offense in Tennessee under T.C.A. 36-3-612. A first offense is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a $2,500 fine. A second or subsequent offense is a Class E felony, carrying one to six years in prison. The charge is separate from and in addition to any underlying domestic assault, stalking, or harassment charges. And because Tennessee has a mandatory arrest policy for order of protection violations, the person who violates the order goes to jail that day.
I have represented clients throughout Middle Tennessee — Davidson County, Williamson County, Rutherford County, Sumner County, and Wilson County — who were charged with violating orders of protection. The cases range from intentional, sustained violations to situations where the contact was brief, ambiguous, or arguably accidental. Here is how the law works, what counts as a violation, and what the defense options look like.
The Order of Protection Framework: T.C.A. 36-3-601 Through 36-3-625
Tennessee’s order of protection statutes are found in T.C.A. Title 36, Chapter 3, Part 6. The statutes create a civil mechanism for domestic abuse victims, stalking victims, and sexual assault victims to obtain court-ordered protection from the respondent. The order itself is a civil order — it is issued after a civil petition, under a civil burden of proof (preponderance of the evidence), and it imposes civil restrictions.
But violating that civil order is a criminal offense. This distinction is important. The respondent does not need to be convicted of any underlying crime for the order of protection to be issued. And the respondent does not need to commit any new act of violence for the violation to be criminal. The crime is the violation itself — the act of doing what the court ordered you not to do.
What an Order of Protection Can Prohibit
Under T.C.A. 36-3-606, an order of protection may include any or all of the following restrictions:
- No contact: The respondent cannot contact the petitioner by any means — in person, by phone, by text, by email, through social media, or through third parties
- Stay-away provision: The respondent must stay a specified distance from the petitioner’s home, workplace, school, or other designated locations
- No harassment: The respondent cannot engage in threatening, intimidating, or harassing behavior toward the petitioner
- Vacate the residence: The respondent must leave a shared residence
- Child custody and visitation: Temporary custody arrangements and visitation schedules
- Firearms surrender: The respondent must surrender firearms to law enforcement
- GPS monitoring: In some cases, the respondent must wear a GPS monitoring device
- Other conditions: The court has broad discretion to impose any restrictions it deems necessary for the petitioner’s protection
The specific terms of the order define what constitutes a violation. A violation of one term does not require violation of all terms. If the order says “no contact” and the respondent sends one text message, that single text is a violation regardless of its content.
The Criminal Violation Statute: T.C.A. 36-3-612
T.C.A. 36-3-612 makes it a criminal offense to knowingly violate an order of protection. The statute has two tiers.
First Offense: Class A Misdemeanor
A first violation of an order of protection is a Class A misdemeanor, the most serious misdemeanor classification in Tennessee. The penalties include:
- Up to 11 months and 29 days in jail
- Up to $2,500 in fines
- Probation with conditions that may include continued no-contact provisions, counseling, and community service
Under T.C.A. 36-3-612(a), a law enforcement officer must arrest the respondent without a warrant if the officer has reasonable cause to believe the order has been violated. This is a mandatory arrest provision. The officer does not have discretion to issue a warning, write a citation, or tell the parties to work it out. If the officer has reasonable cause to believe a violation occurred, the arrest happens.
Second or Subsequent Offense: Class E Felony
A second or subsequent violation of an order of protection is a Class E felony. The penalties include:
- Range I: 1 to 2 years in prison
- Range II: 2 to 4 years
- Range III: 4 to 6 years
- Up to $3,000 in fines
The “second or subsequent” language means any prior conviction for violating an order of protection, not just a second violation of the same order. A person who violated one order of protection five years ago and now violates a different order involving a different petitioner faces a Class E felony on the new violation.
What Counts as a Violation
The scope of what constitutes a violation depends on the specific terms of the order. But certain categories of conduct produce charges consistently.
Direct Contact
Phone calls, text messages, emails, letters, and in-person conversations all constitute direct contact. The content of the communication does not matter. A text that says “I love you and miss the kids” violates a no-contact order just as clearly as a text that contains a threat. The prohibition is on the contact itself, not on the tone or subject matter.
Indirect Contact Through Third Parties
Having a friend, family member, or associate deliver a message to the protected person is indirect contact and violates a no-contact order. The respondent who asks their mother to tell the petitioner that they want to talk has violated the order. The intermediary may also face criminal liability as an accessory.
Social Media Contact
Sending a direct message, commenting on a post, tagging the protected person, viewing their stories or profiles (when detectable), or posting content directed at them can all constitute violations. Courts have treated social media as equivalent to any other form of communication for purposes of no-contact orders. A “like” on a protected person’s Instagram post has been argued as contact in Tennessee courts.
Physical Proximity Violations
If the order includes a stay-away provision with a specified distance, being within that distance violates the order. The respondent’s reason for being nearby is usually irrelevant. If the order says stay 1,000 feet from the petitioner’s home and the respondent is 500 feet away, the order is violated regardless of why the respondent was there. Exceptions may exist if the order carves out specific circumstances — such as child custody exchanges at a designated location — but those exceptions are narrowly construed.
Showing Up at Workplace, School, or Other Designated Locations
Orders of protection routinely designate the petitioner’s workplace, children’s school, place of worship, and other locations as off-limits. Appearing at these locations, even briefly, even without directly approaching the petitioner, can result in a violation charge.
GPS Monitoring Conditions
In high-risk cases, Tennessee courts can order GPS monitoring as a condition of an order of protection. The respondent wears an ankle monitor that tracks their location in real time. The system is configured with exclusion zones around the petitioner’s home, workplace, and other designated locations. If the respondent enters an exclusion zone, the monitoring service alerts law enforcement and the petitioner.
GPS monitoring creates an electronic record of every movement the respondent makes. In violation cases, the GPS data serves as objective evidence of whether the respondent was in a prohibited location. This evidence is difficult to dispute — unlike a witness who may misidentify someone or misjudge a distance, the GPS coordinates are precise.
The cost of GPS monitoring is typically borne by the respondent. Monthly monitoring fees range from $200 to $400 or more, depending on the provider and the county. Failure to pay monitoring fees can itself result in additional legal consequences.
The Distinction Between the Civil Order and the Criminal Violation
This distinction trips up many defendants. The order of protection is a civil order issued in a civil proceeding. The respondent has the right to contest it — to show up at the hearing, present evidence, cross-examine the petitioner, and argue that the order should not be issued. If the order is issued, the respondent can appeal it through the civil appellate process.
But once the order is issued, violating it is a criminal offense. The criminal violation is prosecuted in criminal court, with criminal procedure, the right to a jury trial, and the beyond-a-reasonable-doubt standard of proof. A person can disagree with the order, believe it was wrongly issued, and intend to appeal it through the civil courts — but they must still comply with it while it is in effect. Disagreement with the order is not a defense to violating it.
This also means that a respondent who was not properly served with the order, who did not receive actual notice of its terms, or who was served with an order that is legally deficient may have valid defenses. The criminal violation statute requires that the respondent knowingly violated the order. If the respondent did not know the order existed or did not know its specific terms, the knowledge element may be missing.
Defenses to Violation of an Order of Protection
The available defenses depend on the facts, but several strategies arise regularly in Tennessee cases.
Lack of Knowledge of the Order
The defendant must have known the order existed. If the respondent was never served with the order — or was served improperly — the knowledge element is not satisfied. Service of process in order of protection cases must comply with the Tennessee Rules of Civil Procedure. An order that was entered ex parte (without the respondent present) must still be served before a violation can be criminal. If the respondent can demonstrate they had no actual knowledge of the order, the charge should not stand.
Ambiguous Terms
Orders of protection vary in specificity. Some are detailed, listing specific addresses, specific distances, and specific forms of prohibited contact. Others are vaguely worded. If the terms of the order are ambiguous — if a reasonable person reading the order would not know that the specific conduct at issue was prohibited — the defense has grounds to argue that the defendant did not knowingly violate a clear prohibition. A no-contact order that does not mention social media may not clearly prohibit viewing a public social media profile, for example.
Accidental or Unintentional Contact
The statute requires a knowing violation. Accidental encounters — running into the protected person at a grocery store, attending the same public event without knowing the other person would be there, or being in proximity to the protected person’s workplace while traveling a normal route — may not satisfy the knowledge element. The defense must show that the contact was genuinely accidental and that the defendant took reasonable steps to remove themselves from the situation once they became aware of the protected person’s presence.
The Protected Person Initiated Contact
This is a common factual scenario that produces a complicated legal question. The protected person — the petitioner who obtained the order — contacts the respondent first. They call, they text, they show up. The respondent, believing the petitioner is voluntarily lifting the restriction, responds.
In Tennessee, the petitioner initiating contact does not automatically excuse the respondent from complying with the order. The order remains in effect until the court modifies or dissolves it, regardless of what the petitioner does. A petitioner who contacts the respondent may face their own legal consequences, but the respondent who responds to that contact is still technically in violation of the order.
That said, the petitioner’s initiation of contact is a powerful mitigating factor. It undermines the State’s narrative, raises questions about the petitioner’s credibility, and may persuade a jury that the defendant reasonably believed the restriction had been relaxed. Defense attorneys use this fact pattern both at trial and in plea negotiations.
Constitutionally Defective Order
An order of protection that was issued without due process — without proper notice to the respondent, without an opportunity to be heard, or on the basis of insufficient evidence — may be subject to collateral attack. If the underlying order is constitutionally defective, a defendant may argue that the order was void and cannot support a criminal violation charge. This defense is narrow and rarely successful at the trial level, but it is preserved for appellate review.
Connection to Domestic Violence Cases
Order of protection violations most commonly arise in the context of domestic violence cases. A person charged with domestic assault often has an order of protection issued against them at the same time. The criminal case proceeds in criminal court. The order of protection exists in parallel in the general sessions or circuit court.
The two proceedings create a layered enforcement structure. The defendant is subject to bond conditions in the criminal case (which may include no-contact provisions) and separately subject to the order of protection. Violating the bond conditions can result in bond revocation and additional jail time. Violating the order of protection produces a separate criminal charge. A single prohibited contact can trigger both consequences simultaneously.
This layering is deliberate. It creates multiple enforcement mechanisms and multiple consequences for the same conduct, making it extremely risky for a respondent to have any contact with the protected person while both the criminal case and the order of protection are active.
Frequently Asked Questions
Is violating an order of protection a felony in Tennessee?
A first violation is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a $2,500 fine. A second or subsequent violation is a Class E felony, carrying 1 to 6 years in prison and up to a $3,000 fine. The felony enhancement applies regardless of whether the prior violation involved the same order or a different one.
Can I be arrested immediately for violating an order of protection?
Yes. Tennessee law mandates that a law enforcement officer arrest the respondent without a warrant if the officer has reasonable cause to believe the order has been violated. This is not discretionary. If the officer has reasonable cause — such as a text message on the petitioner’s phone, GPS data showing proximity, or the petitioner’s statement that the respondent showed up — the arrest happens at the scene.
What if the other person contacted me first?
The order of protection restricts the respondent, not the petitioner. Even if the protected person initiates contact, the respondent is still bound by the order. Responding to their call, replying to their text, or meeting them at their invitation can still result in a criminal charge. The petitioner’s initiation of contact may serve as a mitigating factor or undermine the State’s case, but it does not provide a legal defense by itself. If the protected person contacts you, do not respond — contact your attorney instead.
Does a text message count as a violation?
Yes. A single text message to the protected person violates a no-contact order regardless of the message’s content. It does not matter whether the text is threatening, friendly, or purely logistical. The prohibition is on the act of contact, not the substance of the communication. Text messages are particularly damaging as evidence because they create a permanent written record with timestamps and sender identification.
Can the order of protection be modified or dropped?
Yes. The petitioner can file a motion to dissolve the order, or either party can request a modification of its terms. Some petitioners file to dissolve orders when the parties reconcile or when the circumstances that prompted the order have changed. The court has discretion to grant or deny the request. Until the court issues an order modifying or dissolving the original order, the original terms remain in full effect and must be followed. Do not assume that a verbal agreement between the parties to “drop” the order has any legal effect — only a court order changes the terms.
Talk to a Criminal Defense Lawyer
A violation of an order of protection charge can lead to jail time, a felony record on a second offense, and compounding consequences in any related domestic violence case. The mandatory arrest policy means there is no warning — one prohibited contact triggers immediate arrest. If you are facing this charge, the defenses available depend on the specific terms of the order, the circumstances of the alleged violation, and your prior record.
Nathan Cate is a Nashville criminal defense attorney and court-qualified criminal defense expert witness who represents clients throughout Middle Tennessee — Davidson County, Williamson County, Rutherford County, Sumner County, Wilson County, and Maury County.
Call (615) 664-8083 or visit the office at 222 2nd Avenue North, Suite 220, Nashville, TN 37201.
This blog post is for informational purposes only and does not constitute legal advice. Every case is different. If you are facing criminal charges, consult with a qualified attorney about your specific situation.