The Intersecting Worlds of Civil Orders of Protection and Criminal Charges in Middle Tennessee

When faced with allegations of domestic abuse, stalking, harassment, or sexual assault in Middle Tennessee, you might encounter two distinct but often interconnected legal processes: Civil Orders of Protection and Criminal Charges. While they stem from similar factual situations, understanding their differences, implications, and how they can impact your life is crucial. If you're navigating these complex waters, Ryan Terrell Attorney at Law is here to provide experienced legal defense in Nashville, Murfreesboro, Franklin, and throughout Middle Tennessee.

What is a Civil Order of Protection?

A Civil Order of Protection, often referred to as a restraining order or protective order, is a civil court order designed to prevent future acts of abuse, stalking, harassment, or sexual assault. It is initiated by a petitioner (the alleged victim) in a civil court, not by law enforcement, although police can enforce it once issued.

Key aspects of a Civil Order of Protection:

• Purpose: To protect individuals from further harm, harassment, or contact.
• Eligibility: Typically available to victims of domestic abuse (who have a specific relationship with the alleged abuser, such as current/former spouses, dating partners, or cohabitants), stalking, or sexual assault.
• Process: Begins with filing a petition. A temporary ex parte order may be issued immediately without the respondent present if there's an immediate threat. A full hearing is then scheduled where both parties can present evidence and testimony. Ex parte orders can be viewed here.
• Penalties/Consequences (if granted):
  • No criminal record (initially): The issuance of a civil Order of Protection itself does not result in a criminal conviction or a criminal record.
  • Restrictions on the respondent: The order can prohibit contact, communication, and even require the respondent to vacate a shared residence.
  • Firearm prohibition: A significant consequence is the prohibition on possessing or purchasing firearms. This is a federal as well as state law requirement.
  • Mandatory counseling: The court may order the respondent to attend counseling programs addressing violence or substance abuse.
  • Financial obligations: The respondent may be ordered to pay court costs, filing fees, and even attorney fees.
  • Bond requirement: In Tennessee, respondents may be required to maintain a civil bond (often $2,500 or more) for the duration of the order, which can be forfeited if the order is violated.
  • Duration: Orders of Protection can last for a definite period, often up to one year, but can be extended.

The Overlap: Criminal Charges and Orders of Protection

It's critical to understand that the same facts that give rise to a Civil Order of Protection can also lead to criminal charges, such as assault or domestic assault.

For instance, if a dispute involves physical contact, threats, or placing someone in fear of harm, the alleged victim might simultaneously:

• File a petition for a Civil Order of Protection: Seeking civil remedies to prevent further contact and ensure their safety.
• Contact law enforcement: Leading to a criminal investigation and potentially an arrest for domestic assault or assault charges.

Why the overlap matters:

• Separate legal proceedings: Even if a Civil Order of Protection is granted, a separate criminal case based on the same incident can proceed.
• Evidence sharing: Testimony and evidence presented in the civil Order of Protection hearing can sometimes be used in the criminal case.
• Serious implications: Facing both civil and criminal actions simultaneously can be incredibly overwhelming and carry severe consequences for your freedom, reputation, and future.

Penalties for Violating an Order of Protection / Restraining Order in Tennessee

Violating an Order of Protection or restraining order in Tennessee is a serious offense with significant criminal penalties.

Relevant Statutory Authority: Tennessee Code Annotated (T.C.A.) § 39-13-113 governs violations of orders of protection and restraining orders.

Penalties for Violation:

• Immediate Arrest: Law enforcement can arrest an individual for violating a valid Order of Protection with or without a warrant if there is probable cause to believe a violation occurred.
• Class A Misdemeanor: A knowing violation of an Order of Protection is typically a Class A Misdemeanor in Tennessee.
• Punishments:
  • Jail Time: Up to eleven (11) months and twenty-nine (29) days in jail.
  • Fines: A fine ranging from $100 to $2,500.
  • Consecutive Sentencing: Any incarceration imposed for violating an Order of Protection may be ordered to be served consecutively to the sentence for any other offense arising from the same factual allegations.
  • Mandatory Hold: Individuals arrested for violating an Order of Protection are subject to a mandatory 12-hour holding period before release, unless rare exceptions apply.
• Additional Charges:
  • Firearm Possession: If the violation involves knowingly possessing a firearm while the order is in effect, it is a Class A misdemeanor, and each violation can be a separate offense (T.C.A. § 36-3-625 and T.C.A. § 39-13-113(h)).
  • Aggravated Assault: If an individual assaults or attempts to assault a person protected by an Order of Protection, they could face a Class C Felony charge for aggravated assault (T.C.A. § 39-13-102(c)).
  • Stalking: If stalking occurs while an Order of Protection is in effect, it can elevate to Aggravated Stalking, a Class E felony (T.C.A. § 39-17-315(c)(1)(E)).
  • Contempt of Court: Violations can also lead to civil or criminal contempt of court charges.

Protect Your Rights: Contact a Middle Tennessee Criminal Defense Attorney

Whether you are seeking protection or have had an Order of Protection filed against you, the stakes are incredibly high. The legal landscape surrounding these matters is complex, and the consequences can be life-altering.

If you are facing allegations of domestic assault, assault charges, or a violation of an Order of Protection in Middle Tennessee, you need a skilled and aggressive legal defense. Ryan Terrell Attorney at Law has a proven track record of fighting for the rights of clients in middle Tennessee. Mr. Terrell understands the nuances of Tennessee law and will work tirelessly to protect your interests.

Don't navigate these challenges alone. Contact Ryan Terrell Attorney at Law today for a confidential consultation. Your future depends on it.