39-13-113 - Violation of an order of protection or restraining order. - Tennessee Statutes

39-13-113. Violation of an order of protection or restraining order.

(a)  It is an offense to knowingly violate:

     (1)  An order of protection issued pursuant to title 36, chapter 3, part 6; or

     (2)  A restraining order issued to a victim as defined in § 36-3-601.

(b)  A person violating this section may be arrested with or without a warrant as provided in § 36-3-611, and the arrest shall be conducted in accordance with the requirements of § 36-3-619.

(c)  A person who is arrested for a violation of this section shall be considered within the provisions of § 40-11-150(a) and subject to the twelve-hour holding period authorized by § 40-11-150(h).

(d)  After a person has been arrested for a violation of this section, the arresting officer shall inform the victim that the person has been arrested and that the person may be eligible to post bond for the offense and be released until the date of trial for the offense.

(e)  Neither an arrest nor the issuance of a warrant or capias for a violation of this section shall in any way affect the validity or enforceability of any order of protection or restraining order.

(f)  In order to constitute a violation of this section:

     (1)  The person must have received notice of the request for an order of protection or restraining order;

     (2)  The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order; and

     (3)  The court made specific findings of fact in the order of protection or restraining order that the person committed domestic abuse, sexual assault or stalking as defined in § 36-3-601.

(g)  A violation of this section is a Class A misdemeanor, and any sentence imposed shall be served consecutively to the sentence for any other offense that is based in whole or in part on the same factual allegations, unless the sentencing judge or magistrate specifically orders the sentences for the offenses arising out of the same facts to be served concurrently.

(h)  (1)  It is an offense and a violation of an order of protection for a person to knowingly possess a firearm while an order of protection that fully complies with 18 U.S.C. § 922(g)(8) is entered against that person and in effect, or any successive order of protection containing the language of § 36-3-606(g) and that fully complies with 18 U.S.C. § 922(g)(8) is entered against that person and in effect.

     (2)  For purposes of this subsection (h), the determination of whether a person possesses firearms shall be based upon the factors set out in § 36-3-625(f) if the firearms constitute the business inventory or are subject to the National Firearms Act, compiled in 26 U.S.C. § 5801 et seq.

     (3)  A violation of this subsection (h) is a Class A misdemeanor and each violation constitutes a separate offense.

     (4)  If a violation of subsection (h) also constitutes a violation of § 36-3-625(h) or § 39-17-1307(e), the respondent may be charged and convicted under any or all such sections.

[Acts 2006, ch. 920, § 1; 2008, ch. 902, § 1; 2009, ch. 455, § 5.]