Criminal Offenses

Plain English Breakdown

The official source material does not provide specific details on enforcement mechanisms or potential impacts on public safety and legal proceedings.

Changes to Protective Orders and Restraining Order Violations

This bill changes how violations of protective orders and restraining orders are treated in Tennessee by removing certain requirements for these violations.

What This Bill Does

• Removes the requirement that a person must have had an opportunity to appear and be heard before violating a protective order or restraining order.
• Eliminates the need for specific findings of fact from the court when determining if someone violated a protective order or restraining order.
• Modifies the sale restrictions on firearms for individuals who have violated protective orders.

Who It Names or Affects

• People who receive or violate protective orders and restraining orders
• Courts issuing protective orders and restraining orders
• Individuals selling firearms

Terms To Know

Protective Order

A court order that helps protect someone from abuse, harassment, or threats.

Restraining Order

An order issued by a judge to prevent someone from doing something harmful or threatening.

Limits and Unknowns

• The bill does not specify how the changes will be enforced.
• It is unclear what impact these changes will have on public safety and legal proceedings.
• The effective date of July 1, 2026, means there could be a delay in implementation.

Official Summary Text

Present law provides that it is an offense to
knowingly violate

(
i
)
a
n order of protection issued pursuant to
laws relative to domestic abuse
or

(
ii
)
a
restraining order issued to a victim
of such laws
.
In order to constitute such a violation, all of the following criteria must be met:



The person must have received notice of the request for an order of protection or restraining order
.


The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order
.


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
,
or was convicted of a
felony
assaultive offense,
felony
criminal homicide
offense
,
felony
kidnapping
or
false imprisonment
offense
, or
felony
sexual offense.

This bill removes the criteria above relative to having an opportunity to appear and the court having made specific findings of fact, such that, in order to constitute a v
iolation of an order of protection or restraining order
, the only criteria required is that the person must have received notice.

SALE OF FIREARMS

Present state law prohibits the
s
ale

of
firearms to
certain persons, including those who a
re ineligible to receive firearms under
federal law that prohibits such sales to persons
who ha
ve
been convicted of a misdemeanor crime of domestic violence
. Present state law clarifies that for purposes of such prohibition,
the violation of a protective order
, as described above,
is considered a
"
misdemeanor crime of domestic violence
"
for purposes
of such federal law. This bill removes that clarification.

Current Bill Text

SENATE BILL 2049
By Gardenhire

HOUSE BILL 1953
By Helton-Haynes
HB1953
009729
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 36
and Title 39, relative to protective orders.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-113, is amended by deleting
subdivisions (f)(2) and (f)(3).
SECTION 2. Tennessee Code Annotated, Section 39-17-1316, is amended by deleting
subdivision (a)(1)(B).
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it.