Tennessee created a new criminal offense in 2026 for violating certain no-contact orders imposed after a conviction. Effective July 1, 2026, Public Law Chapter 949 expanded Tenn. Code Ann. § 39-13-113 to make it a Class A misdemeanor to knowingly violate a qualifying no-contact order imposed as part of a sentence or as a condition of probation or parole.
For someone facing a domestic-abuse-related criminal case, this means a no-contact restriction can remain legally significant after a conviction. Davis & Hoss represents defendants facing domestic violence charges and related criminal allegations in Tennessee, including cases in which court-ordered restrictions become part of the criminal case or sentence.
The new offense is not limited to convictions formally labeled “domestic assault.” The law applies when the underlying conviction is for an offense defined in Title 39, Chapter 13 and the alleged victim qualifies as a “domestic abuse victim” under Tenn. Code Ann. § 36-3-601.
That distinction matters when evaluating an allegation of violating a no-contact order in Tennessee. The offense of conviction, relationship between the parties, wording of the order, and defendant’s alleged conduct all have to be considered.
What Changed Under Tennessee’s No-Contact Order Law in 2026?
Before July 1, 2026, Tenn. Code Ann. § 39-13-113(i) already criminalized knowing violations of certain no-contact orders issued before a defendant was released on bond following an arrest.
Public Chapter 949 added a separate post-conviction category.
The amended statute now covers a qualifying no-contact order imposed:
- as part of the defendant’s sentence;
- as a condition of probation; or
- as a condition of parole.
For the new post-conviction provision to apply, the order must follow a conviction for an offense defined in Title 39, Chapter 13, and the alleged victim must be a domestic abuse victim as defined by Tenn. Code Ann. § 36-3-601.
The law therefore reaches qualifying no-contact restrictions imposed after conviction in addition to the pretrial category already addressed by the statute.
Does the New Law Apply Only to Domestic Assault Convictions?
No.
The statutory language is broader than the offense of domestic assault under Tenn. Code Ann. § 39-13-111.
The new provision applies following a conviction for a criminal offense defined in Title 39, Chapter 13, provided that the alleged victim is a domestic abuse victim under Tennessee law.
Title 39, Chapter 13 contains offenses against the person. Whether a conviction falls within the new provision requires reviewing both:
- the offense of conviction; and
- the relationship between the defendant and alleged victim.
The name or label used to describe the original case does not answer the statutory question by itself.
Who Qualifies as a Domestic Abuse Victim in Tennessee?
Tenn. Code Ann. § 36-3-601 defines a “domestic abuse victim” through specified relationships.
The definition includes:
- current or former spouses;
- adults or minors who live together or have lived together;
- adults or minors who are dating or have dated;
- people who have or had a sexual relationship;
- people related by blood or adoption;
- people related or formerly related by marriage; and
- adult or minor children of people within specified qualifying relationships.
The statute also distinguishes dating relationships from people who merely interact in a business or social setting.
Because the 2026 post-conviction offense expressly incorporates § 36-3-601, the relationship between the parties is part of determining whether the new law applies.
What Must the State Prove?
For the new post-conviction offense under Tenn. Code Ann. § 39-13-113(i)(1)(B), the State must establish that:
- A no-contact order existed.
- The order was issued as part of the defendant’s sentence or as a condition of probation or parole.
- The order followed a conviction for an offense defined in Title 39, Chapter 13.
- The alleged victim was a domestic abuse victim as defined by Tenn. Code Ann. § 36-3-601.
- The defendant knowingly violated the no-contact order.
Each requirement matters.
The existence of a relationship between two people does not establish the offense by itself. The existence of a court restriction also does not automatically establish a violation of § 39-13-113(i)(1)(B).
The prosecution must establish that the underlying conviction and no-contact order fall within the statute and that the defendant knowingly violated the order.
What Does “Knowingly” Mean in a No-Contact Order Case?
Tennessee’s criminal code defines knowing conduct by reference to awareness of the nature of the person’s conduct or awareness that particular circumstances exist.
The new no-contact statute expressly requires a knowing violation rather than merely accidental conduct.
That makes the circumstances surrounding the alleged contact important.
Questions that may matter include:
- What did the written order prohibit?
- Was the defendant aware of the order and its restrictions?
- What conduct does the prosecution claim violated it?
- Did the defendant actually send the alleged communication?
- Did an encounter occur intentionally or unexpectedly?
- Was the order still in effect?
- What do the complete messages, records, videos, or witness accounts show?
The alleged conduct must be evaluated against the actual order entered in the case.
What Counts as Contact Under Tennessee Law?
Public Chapter 949 does not create one universal definition of prohibited “contact” for every post-conviction no-contact order.
The actual order matters.
Depending on its wording, an order may restrict direct communication, indirect communication, telephone calls, messages, physical interaction, or other specified conduct.
A person should not assume every Tennessee no-contact order contains identical restrictions.
The legal question is whether the defendant knowingly engaged in conduct prohibited by the particular order involved in the case.
Obtaining the written order is therefore important when there is a disagreement about what the defendant was permitted to do.
What If the Protected Person Contacts the Defendant First?
The protected person’s decision to initiate communication does not cancel or modify a court order.
The parties cannot privately change a no-contact restriction simply because they want to communicate.
There is also an important legal distinction between receiving contact and engaging in prohibited conduct.
An unsolicited call, text, voicemail, email, or social-media message received by the defendant, without responsive or other prohibited conduct by the defendant, does not by itself establish a knowing violation.
What the defendant did and what the order prohibited must still be examined.
Responding to a communication, continuing a conversation, arranging a meeting, communicating through another person, or engaging in other prohibited conduct can create a different issue if that conduct violates the terms of the order.
If communication needs to resume, modification of the order should be addressed through the appropriate legal process rather than through a private agreement.
What Is the Penalty for Violating a Post-Conviction No-Contact Order?
A violation of Tenn. Code Ann. § 39-13-113(i)(1) is a Class A misdemeanor.
Under Tenn. Code Ann. § 40-35-111(e)(1), a Class A misdemeanor carries an authorized sentence of:
- up to 11 months and 29 days of incarceration;
- a fine of up to $2,500; or
- both.
The no-contact offense itself does not create a mandatory minimum jail sentence.
Tennessee law also contains an additional sentencing provision for a person convicted of a Class A misdemeanor in general sessions court. Under Tenn. Code Ann. § 40-35-302, the person is required to complete a cognitive behavioral training program unless the court determines that the requirement is inappropriate.
If incarceration is imposed, the training is completed after the period of incarceration. The statute limits the cost charged to the defendant for the program to $100.
That requirement should not be confused with the separate punishment authorized for the underlying Class A misdemeanor.
Does a No-Contact Violation Sentence Run Consecutively?
Tennessee law makes consecutive service the statutory default for this offense.
Public Chapter 949 amended Tenn. Code Ann. § 39-13-113(i)(2) so that the sentence for violating subsection (i)(1) must be served consecutively to the sentence for the offense for which the defendant was originally arrested or convicted, unless the sentencing judge or magistrate specifically orders the sentences to run concurrently.
That means a defendant should not assume that a sentence for the no-contact violation will automatically be served at the same time as the sentence arising from the underlying case.
The sentencing court has authority under the statute to specifically order concurrent service.
Can a No-Contact Order Violation Also Violate Probation?
Yes, but an important distinction applies.
When a no-contact condition also satisfies all of the requirements of Tenn. Code Ann. § 39-13-113(i)(1)(B), the same alleged conduct may support:
- a new Class A misdemeanor charge; and
- a probation-violation allegation.
Not every probation condition prohibiting contact automatically creates the new criminal offense. The underlying conviction must fall within Title 39, Chapter 13, the alleged victim must qualify as a domestic abuse victim, and the other requirements of § 39-13-113(i)(1)(B) must be satisfied.
Tennessee probation law also treats contacting the defendant’s victim in violation of a probation condition as more than a technical violation. A new Class A misdemeanor is likewise outside the statutory definition of a technical probation violation.
Someone facing both issues may therefore have to address the new criminal allegation and the probation proceeding separately.
Davis & Hoss also provides information about defending probation violation allegations in Tennessee.
What If the No-Contact Order Is a Condition of Parole?
The 2026 amendment expressly includes qualifying no-contact orders imposed as a condition of parole.
A knowing violation of a parole-related no-contact order can support the new Class A misdemeanor charge when all of the requirements of Tenn. Code Ann. § 39-13-113(i)(1)(B) are satisfied.
The same alleged conduct may also raise a separate issue concerning compliance with parole conditions.
The parole documents, underlying conviction, wording of the no-contact restriction, and evidence concerning the alleged contact should be reviewed separately.
Is a No-Contact Order the Same as an Order of Protection?
No.
Tennessee law recognizes different forms of court-ordered restrictions.
An order of protection can arise under Tennessee’s domestic-abuse statutes. The no-contact orders addressed by Tenn. Code Ann. § 39-13-113(i) arise from specified criminal-case circumstances.
Both can restrict communication or interaction, but the terms should not be treated as interchangeable.
When someone is accused of violating an order, important questions include:
- What type of order was entered?
- When did it become effective?
- What conduct did the order prohibit?
- Was the order still in effect?
- Which statutory provision does the State claim was violated?
Identifying the order itself is an important first step in evaluating the charge.
Can Someone Be Charged Without a New Assault?
Yes.
The new post-conviction offense does not require the State to prove that another assault occurred.
The prohibited conduct is the knowing violation of the qualifying no-contact order itself.
As a result, communication or another prohibited form of contact can support a charge even when there is no allegation of new physical violence, provided that the conduct violates the order and the other statutory requirements are established.
If separate criminal conduct is alleged during the contact, other charges may also arise from the facts.
What Evidence Can Matter in a No-Contact Order Violation Case?
No-contact cases can depend heavily on electronic and documentary evidence.
Relevant evidence may include:
- complete text-message conversations;
- call logs and telephone records;
- emails;
- social-media messages;
- account information;
- timestamps;
- photographs;
- surveillance video;
- location information;
- witness statements;
- probation or parole records; and
- the written no-contact order.
The complete record can matter more than an isolated screenshot.
A screenshot may not reveal who initiated a conversation, whether messages were omitted, who controlled an account, or whether the communication occurred while the order was in effect.
Evidence should be preserved rather than deleted, edited, or altered.
Defense Issues in a Tennessee No-Contact Order Case
There is no single defense that applies to every allegation. The available defense depends on the order, underlying conviction, relationship between the parties, and evidence.
Several legal and factual issues may require examination.
The Order Does Not Qualify Under the New Statute
Section 39-13-113(i)(1)(B) contains specific statutory requirements.
The order must arise as part of a sentence or as a condition of probation or parole following a qualifying Title 39, Chapter 13 conviction involving a domestic abuse victim.
If those requirements are not established, the new post-conviction provision does not apply.
The Alleged Conduct Was Not Prohibited
The wording of the actual order matters.
An allegation should be compared with the restriction actually imposed rather than with an assumption about what a no-contact order might prohibit.
The Alleged Violation Was Not Knowing
The statute requires a knowing violation.
The circumstances surrounding the interaction, what the defendant knew, and what the defendant actually did can therefore be important.
The Defendant Did Not Send the Communication
Electronic communications can raise authentication and identity issues.
A screenshot displaying someone’s name, photograph, phone number, or account does not by itself resolve who actually created or sent the communication.
The Defendant Only Received Unsolicited Contact
Receiving an unsolicited communication is different from knowingly engaging in prohibited conduct.
What the defendant did after receiving the communication and what the order actually prohibited must be examined.
The Evidence Does Not Show the Complete Context
Selected screenshots or isolated statements may omit earlier or later communications.
Obtaining the complete conversation can be important when evaluating what happened and whether the State can prove a knowing violation.
Why Tennessee’s 2026 No-Contact Law Matters
The 2026 amendment expands Tennessee’s criminal no-contact statute into the post-conviction stage.
Before the change, subsection (i) addressed qualifying no-contact orders issued before release on bond following an arrest.
Beginning July 1, 2026, qualifying orders imposed through sentencing, probation, or parole can also support a separate Class A misdemeanor prosecution.
The distinction can be summarized this way:
Before conviction: Tennessee law already addressed knowing violations of specified no-contact orders issued before release on bond following an arrest.
After conviction: Tennessee law now also addresses knowing violations of qualifying no-contact restrictions imposed as part of sentencing or as conditions of probation or parole.
A person who has already been sentenced should therefore not assume that prohibited contact can result only in a supervision consequence. When the requirements of § 39-13-113(i)(1)(B) are satisfied, the alleged conduct can support a new criminal charge.
What Should You Do If You Are Accused of Violating a No-Contact Order?
Do not contact the protected person to explain what happened, argue about the accusation, or ask that the allegation be withdrawn.
Preserve relevant evidence, including:
- text messages;
- call records;
- social-media communications;
- emails;
- court paperwork;
- probation or parole documents; and
- information showing where you were or what occurred.
Do not delete communications simply because you believe they may look unfavorable. The complete record may provide important context.
Obtain the actual no-contact order so that its precise restrictions can be reviewed.
If probation or parole is involved, those supervision consequences should also be evaluated separately from the new criminal charge.
How a case is handled can depend on the specific charge and local court procedures.
For information about representation in Tennessee criminal cases, see Davis & Hoss’s criminal defense services.
Frequently Asked Questions About Tennessee’s 2026 No-Contact Law
When did Tennessee’s new post-conviction no-contact law take effect?
The new provision took effect July 1, 2026, through Public Chapter 949, enacted from HB 1624/SB 1717.
Is violating a post-conviction no-contact order a felony in Tennessee?
No. A violation covered by Tenn. Code Ann. § 39-13-113(i)(1) is a Class A misdemeanor.
Can you go to jail for violating a no-contact order in Tennessee?
Yes. A Class A misdemeanor carries an authorized sentence of up to 11 months and 29 days of incarceration, a fine of up to $2,500, or both.
Is jail mandatory for the new offense?
The new no-contact provision does not itself create a mandatory minimum jail sentence. The authorized Class A misdemeanor sentencing range applies.
Is there an additional Class A misdemeanor training requirement?
If a person is convicted of a Class A misdemeanor in general sessions court, Tenn. Code Ann. § 40-35-302 requires a cognitive behavioral training program unless the court determines that the requirement is inappropriate.
Does the 2026 law apply only to domestic assault convictions?
No. The new post-conviction provision applies following a conviction for an offense defined in Title 39, Chapter 13, when the alleged victim qualifies as a domestic abuse victim under Tenn. Code Ann. § 36-3-601.
What if the protected person calls or texts first?
The protected person’s communication does not modify the court order. However, merely receiving unsolicited contact without responsive or other prohibited conduct does not by itself establish a knowing violation.
Can responding to a message violate a no-contact order?
It can if the response constitutes conduct prohibited by the order and the other requirements of the statute are satisfied.
Can the same allegation result in a probation violation?
Yes. When a qualifying no-contact restriction is also a condition of probation, the alleged conduct may support both a new criminal charge and a probation-violation allegation. Not every probation no-contact condition automatically satisfies the requirements of the new criminal offense.
Does the no-contact violation sentence automatically run at the same time as the original sentence?
No. Tennessee law makes consecutive service the statutory default. The sentence must run consecutively to the sentence for the offense for which the defendant was originally arrested or convicted unless the sentencing judge or magistrate specifically orders concurrent sentences.
Facing a No-Contact Order Violation in Tennessee?
A post-conviction no-contact allegation can create a new Class A misdemeanor charge and may also affect probation or parole.
The defense can turn on the underlying conviction, the relationship between the parties, the exact wording of the order, whether the alleged conduct was knowing, and the reliability and completeness of the evidence.
Davis & Hoss represents people facing criminal charges in Chattanooga and throughout Southeast Tennessee. Contact the firm to discuss the specific circumstances of a no-contact-order allegation.