Violation of an Order of Protection in Memphis

Here in Memphis, TN it is a crime to violate an order of protection. If an order is granted, whether it’s the initial “ex parte” order or if it’s ordered by a judge after a hearing, the respondent is prohibited from contacting the petitioner or trying to communicate in any way. If the respondent violates this order then he or she will be arrested and face jail time. Understand that the order of protection itself is not a criminal matter, though there are criminal elements to it. Orders of protection (sometimes also called restraining orders) are civil matters where one side is alleging abuse, stalking or harassment. There are no criminal penalties associated with the order itself; having one granted does not make you a convicted criminal or automatically subject you to probation or a jail sentence. It’s only if you violate that order that it becomes a crime. These can be complex cases and it’s best to talk to a Memphis order of protection lawyer if you are in this situation.

If you violate the order by contacting the petitioner, the police can arrest you. It can be done with or without a warrant. That means all the police have to do is call in to the station to verify that an order is in effect and you’re the respondent; they do not have to go in front of a judge to get authorization to arrest you. Think about that. That means a disgruntled petitioner could make a false accusation to the police about you, and have you arrested without any judicial review or probable cause determination.

Violations of a protection order in Tennessee are a class A misdemeanor punishable up to 11 months and 29 days. You are entitled to a hearing. After being arrested you’ll be taken before a magistrate and bail will be set. Under Tennessee law it shall be set “at whatever the court determines is necessary to reasonably assure the safety of the petitioner as required” but it will not be less than $2500. Orders or protection and possible violations of them are serious matters. For help, contact Memphis order of protection lawyer Patrick Stegall today. You can call him at (901) 205-9894 or email to pstegall@stegall-law.com.