Asked in Criminal Law, Domestic Violence and Federal Crimes for Tennessee

Q: Can victim show up at defendants residence with a no contact order in place?

The victim showed up at the defendants residence me and my boyfriend and wont leave so i made him leave so he wouldn't get in trouble is that not violating the order for the victim to come to the defendants residence

2 Lawyer Answers
Cayley Turrin
Cayley Turrin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

A: No it is not. If this happens again to make sure that the defendant does not get into trouble I would call the police and let them know what is going on.

J. Caleb Cassell
J. Caleb Cassell
PREMIUM
Answered
  • Criminal Law Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: The answer to the first question (can victim show up at defendants residence with a no contact order in place?), is yes. A victim, or individual protected by a "no contact order", Order of Protection, or similar Court Order, has no restraints on his or her liberty beyond that of a normal citizen. He or she can go wherever they please.

The victim showing up at a place where the defendant is located is not impermissible on her part. It is also, likely, not a violation of the order on the part of the defendant since he didn't instigate the situation.

The best thing you can do is meet with a compassionate attorney who has experience with domestic violence, Orders of Protection, etc. I handle these kinds of cases on an almost daily basis in Davidson County. Seek out someone with experience in your area.

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