Order of Protection Defense Attorneys - Barnes & Fersten
Experienced Criminal Defense Attorneys in Tennessee
Were You Served With An Order Of Protection?
Our attorneys represent individuals served with orders of protection in Knoxville and throughout East Tennessee.
If you have been served with an order of protection in Tennessee, it can feel like everything is happening at once. You may be unsure what the allegations mean, what you are allowed to do, or what will happen at your upcoming court date. In many cases, restrictions are already in place before you have had a chance to tell your side of the story.
But it is important to remember: being served does not mean the court has decided the case. It means someone has made allegations, and you now have the opportunity to respond. Taking time to understand the situation and your available options can make a meaningful difference in how your case moves forward.
What Is an Order of Protection in Tennessee?
An order of protection is a court order designed to limit contact and prevent certain behavior between two people. In Tennessee, it is typically requested in situations involving allegations of domestic assault, stalking, or threats, and it can place immediate restrictions on the person accused of that conduct.
These orders can prohibit a wide range of actions depending on the circumstances. Common restrictions include no contact with the person who filed for the order of protection, staying away from a person’s home, workplace, or school, and avoiding communication either directly or through third parties. In some cases, the order may also affect living arrangements or other day-to-day activities.
Many people are first introduced to the process through a temporary (ex parte) order, which can be issued before a full hearing takes place. That temporary order can remain in effect until the court holds a hearing where both sides have the opportunity to present their version of events.
It is important to understand that an order of protection is based on allegations, not findings, at least at the initial stage. The court will make a final decision after hearing from both sides, which is why preparation before the hearing is so important.
🔎 What Happens If the Order of Protection Is Granted?
If the court grants an order of protection, it can place real, day-to-day restrictions on your life. These orders are enforceable immediately, and you are expected to follow them strictly for as long as they remain in effect.
One of the most common restrictions is no contact of any kind. This can include calls, texts, social media messages, and even indirect communication through other people. The order may also require you to stay away from certain locations, such as the other person’s home, workplace, or school.
In some cases, the order can affect where you live. Depending on the situation, you may be required to leave a shared residence or avoid returning to a place you previously lived. This can create immediate challenges involving housing, personal belongings, and daily routines.
An order of protection can also impact your firearm rights. In qualifying cases, the court may prohibit you from possessing or purchasing firearms while the order is in effect. This is an important issue that can have both legal and practical consequences.
Beyond those restrictions, an active order of protection can influence other areas of your life. It may affect family law matters, employment opportunities, and how future legal issues are handled. It can also increase the risk of additional charges if there is any alleged violation of the order.
Because of these potential consequences, the hearing is a critical stage. It may determine the restrictions you will be living under moving forward, which is why having a clear defense strategy before your hearing is very important.
Why Choose Barnes & Fersten As Your Order of Protection Defense Attorneys
✅ Attention to the Details That Matter
These cases often come down to details: what was said, what actually happened, and how the evidence supports or contradicts the allegations. We focus on building a comprehensive and organized defense that addresses those details directly.
✅ Clear Communication and Guidance
Individuals facing these allegations are often unsure what to expect or what steps to take next. We provide straightforward answers, explain your options, and help you make informed decisions as your case moves forward.
✅ Practical and Discreet Representation
We understand that these situations can be personal and stressful. Our approach is focused on protecting your interests while handling the case with professionalism and discretion.
✅ East Tennessee’s Most Trusted Criminal Defense Team
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With over 340 5-star reviews, our firm is known for prioritizing client experience and delivering real results. We don’t just fight criminal charges—we guide you through every step and build a personalized defense strategy tailored to your unique situation.
Frequently Asked Questions
Take it seriously and act quickly. Read the petition carefully, follow any temporary restrictions, and start gathering evidence such as messages or witness information. Avoid contact if the order requires it, and prepare for your hearing as soon as possible.
Both sides have the opportunity to present their version of events. You can testify, present evidence, and challenge the allegations. The judge will review the information and decide whether the order should remain in place.
Potentially. While an order of protection is not a criminal conviction, it may still appear in court records and can affect background checks, employment, and future legal matters.
You are not required to have a lawyer, but having representation can help you prepare, present evidence effectively, and respond to the allegations. Because an order of protection can have lasting consequences, many people choose to have legal guidance to pursue the best outcome in their case.
If granted, an order of protection typically lasts up to one year, although it can sometimes be extended depending on the circumstances.
A violation generally involves doing something the order specifically prohibits. This can include contacting the protected person (calls, texts, social media), showing up at certain locations, or communicating indirectly through someone else. The exact terms of the order matter, and each case depends on the specific language of that order and the facts involved.
Even if the protected person reaches out to you first, the order still applies to you. The safest and most important step is not to respond. Any reply on your end, no matter how brief or harmless it seems, can be treated as a violation.
If contact continues, do not engage. Save the messages and speak with a lawyer about your options, including whether the order can be modified through the court.
Take the situation seriously and act quickly. Avoid any further contact with the protected person, preserve any messages or evidence, and make sure you understand exactly what the order requires. Speaking with a defense lawyer early can help you evaluate the allegation, protect your rights, and decide the best next steps.
In most cases, no. Violating an order of protection in Tennessee is typically charged as a Class A misdemeanor, not a felony. However, that does not mean it is minor. A conviction can still carry jail time, fines, and long-term consequences. In some situations, the same allegation may be connected to other charges that could increase the overall severity of the case.
Because it is usually a Class A misdemeanor, a violation can carry up to 11 months and 29 days in jail, along with fines. The actual outcome depends on the facts of the case, prior history, and how the case is handled. Some cases result in little to no jail time, while others can involve significant custody exposure, especially if there are related charges.
How To Fight An Order Of Protection In Tennessee
Fighting an order of protection in Tennessee starts with understanding that the hearing is your opportunity to respond to the allegations and present your side of the story. An order is not automatically permanent just because a petition was filed. The court still has to decide whether the petitioner has proven the allegations and whether the legal standard for protection has been met. That is where preparation matters.
At Barnes & Fersten, we approach these cases by closely examining the petition, the timeline of events, and the evidence the other side may try to present. In many cases, the most important issue is not just what was alleged, but whether the allegations can actually be supported in court. Our job is to identify weaknesses, challenge unsupported claims, and build a clear, credible defense around the facts.
🔎 Common Defenses for Order of Protection Hearings
One of the first things we do is review the allegations line by line. Some petitions contain vague claims, exaggerated descriptions of arguments, or one-sided versions of personal disputes. We look for inconsistencies, missing context, and statements that do not match the surrounding facts. When a petition grows out of a breakup, custody dispute, domestic disagreement, or ongoing family conflict, that background may be important to understanding why the order was filed in the first place.
We also focus on gathering and organizing evidence that can be used effectively at the hearing. Depending on the case, that may include text messages, emails, call logs, social media messages, photographs, videos, location data, or other records that help tell the full story. If there are witnesses who saw what happened or can provide important context, their testimony may also play a meaningful role. The goal is not just to collect evidence, but to present it in a clear, relevant, and persuasive way.
Another key part of the defense is challenging the petitioner’s evidence and testimony. That may involve pointing out contradictions, questioning vague or unsupported claims, highlighting the absence of proof, or showing that the allegations do not meet the legal standard for an order of protection. In some cases, the issue is mistaken facts. In others, it may involve false allegations, overstatements made during an emotional dispute, or an attempt to gain leverage in a personal conflict.
Every case is different, which is why the defense strategy should be built around the actual facts rather than a one-size-fits-all response. A strong defense means more than simply denying the allegations. It means preparing thoroughly, addressing weaknesses in the petition, and presenting your side clearly and effectively in court. Because these hearings can affect your home life, family relationships, firearm rights, and future legal issues, it is important to take them seriously from the start.
What Counts as a Violation of an Order of Protection?
Once an order of protection is in place, it is important to follow its terms carefully, as they set the boundaries for what is permitted. A violation generally occurs when someone does something that the order specifically prohibits.
In Tennessee, violating an order of protection is typically charged under Tenn. Code § 39-13-113, which makes it a criminal offense to knowingly violate a qualifying order. That “knowing” requirement matters—the State must prove that the person was aware of the order and intentionally engaged in conduct that violated its terms.
In many cases, orders of protection include no-contact provisions, which means no calls, texts, emails, social media messages, or communication through other people. Violations can also include showing up at a person’s home, workplace, or other locations the order says to avoid. Even indirect actions—like asking a friend to pass along a message—can be treated as a violation if the order prohibits it.
The details matter. Some orders are broader than others, and the restrictions can vary depending on what the court included. That is why it is critical to read the order carefully and understand exactly what it requires.
🔎 What Happens If You Are Accused of Violating the Order of Protection?
An allegation of a violation can lead to immediate consequences. Under Tennessee law, law enforcement may make an arrest with or without a warrant under Tenn. Code § 36-3-611 if there is probable cause to believe the order was violated and the order is in effect.
The case may then move forward as a separate criminal charge under § 39-13-113, while the court that issued the order can also address the situation through contempt proceedings under § 36-3-610. This means one allegation can lead to multiple legal issues at the same time.
Even if the situation was a misunderstanding or involved minimal contact, it can still be taken seriously by the court. If you have an order of protection against you, it is vital to follow the order closely and address any alleged violations promptly.
Speak With a Knoxville Order of Protection Defense Attorney Today
At Barnes & Fersten, we represent clients in Knoxville and throughout East Tennessee who are facing orders of protection. We take the time to review the allegations, identify weaknesses, and help you prepare a clear and organized response. From gathering evidence to preparing for the hearing itself, our goal is to make sure you understand the process and feel confident in how your case is presented.
Whether you’re addressing an order of protection in Knox County, Blount County, Sevier County, Loudon County, or anywhere in East Tennessee, we have the experience, local knowledge, and strategic approach needed to secure the best possible outcome for your case. Call our law firm today at 865-805-5703 or fill out our contact form to schedule a free consultation.
