Criminal Offenses

Plain English Breakdown

The official source material does not provide information about how these changes will affect current protective orders and restraining orders or their enforcement.

Changes to Protective Orders and Violations

This bill changes how protective orders and restraining order violations are determined in Tennessee by removing certain requirements.

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 someone violates a protective order or restraining order.
• Modifies Tennessee Code Annotated sections 39-13-113 and 39-17-1316 to reflect these changes.

Who It Names or Affects

• People who receive or violate protective orders or restraining orders in Tennessee.
• Courts that issue and enforce protective orders and restraining orders.

Terms To Know

Protective Order

A court order designed to protect someone from domestic abuse or other threats by restricting the actions of another person.

Restraining Order

An order issued by a court that restricts certain behaviors, such as contact with an individual, to prevent harm or harassment.

Limits and Unknowns

• The bill does not specify how the changes will affect current protective orders and restraining orders.
• It is unclear what impact these changes might have on enforcement of violations.

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

HOUSE BILL 1953
By Helton-Haynes

SENATE BILL 2049
By Gardenhire
SB2049
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.