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SB 1938

Orders of Protection - As introduced, increases from a Class A misdemeanor to a Class E felony the penalty for the criminal offense of violation of an order of protection if the order violated was a lifetime order of protection and the conviction that the lifetime order of protection was based on involved the use of force against a victim. - Amends TCA Title 36 and Title 39.

114th Regular Session (2025-2026) Introduced by Ed Jackson

Tennessee bill raises penalty for violating lifetime protective orders from misdemeanor to felony when based on force-related convictions.

Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee
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Bill Summary · SB 1938

Legislative bill overview

SB 1938 elevates the penalty for violating a lifetime order of protection from a Class A misdemeanor to a Class E felony, but only when the underlying conviction that justified the lifetime order involved use of force against a victim. The bill modifies Tennessee's criminal code to create a heightened penalty tier for this specific violation scenario.

Why is this important

Orders of protection serve as legal barriers meant to prevent repeat harm, particularly in domestic violence cases. Strengthening penalties for violations—especially for lifetime orders tied to violent convictions—could potentially deter repeat offenders and provide prosecutors with stronger enforcement tools. Conversely, this impacts sentencing outcomes and criminal records for those accused of violating protective orders.

Potential points of contention

  • Proportionality concerns: Elevating to felony status represents a significant jump in consequence; critics may argue that violation circumstances vary widely (from technical breaches to new threats) and don't always warrant felony treatment
  • Definitional precision: The bill hinges on whether the original conviction "involved the use of force"—how broadly or narrowly this is interpreted could substantially affect applicability across different case types
  • Enforcement disparities: Implementation may vary by jurisdiction, potentially creating inconsistent outcomes based on prosecutorial discretion and local enforcement priorities

Compiled from official sources — confirm details with the bill’s official record.

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