Chattanooga, TN asked in Domestic Violence for Tennessee

Q: If a Respondent violates an OOP but the order is dismissed before they're arrested, can the arrest still be made?

I received an OOP from my ex based on false statements. She is now trying to get it dismissed and we have been talking a lot. Her abusive boyfriend took her phone and saw some messages, and we assume has tried to report a violation. She is still filing the dismissal. But if he DID report a violation, could I still be arrested after the OOP is dismissed? Or would the arrest just "expire" since a warrant isn't actually issued?

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1 Lawyer Answer
Cynthia A. Sherwood
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  • Domestic Violence Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: If a warrant was issued or even just a report made for an alleged violation of an Order of Protection prior to the Order being dismissed, the report would not just expire. A person can be convicted of violating an Order of Protection for acts taken prior to the Order being dismissed even if that Order is dismissed prior to the warrant actually issuing. That being said any warrant should be viewed very skeptically in such situations. You need a good criminal defense attorney to defend you on any alleged violation of the Order of Protection because just because you are charged with violating it it most certainly does not need to result in a conviction. This answer is only to let you know that a dismissal of the Order would not bar an arrest in the circumstances you described.

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