Legal Question in Criminal Law in Tennessee

It is wrong for the judge to require you to accept an Order of Protection by threatening to have the acts you are accused of doing

referred to police/district attorney to be prosecuted as a crime. That makes the judge a prosecutor, when he is supposed to be

a neutral and detached magistrate.

The offense of Stalking can be the basis for an Order of Protection and it can also be a criminal offense. As a crime is a Class A Misdemeanor,

and that means if found guilty of Stalking (by means of a separate warrant and a separate trial) you could be sentenced to up to 11 months

and 29 days in jail (and a fine not to exceed $2,500).

So if a judge at an Order of Protection hearing reads the facts alleged (which, after all, were made under oath), he might well advise the

respondent that "You know, what's in this Application for an Order of Protection could easily be made into a criminal warrant, so you should be careful about your conduct." That would be acceptable.

HERE ARE THE IMPORTANT PARTS OF THE TENNESSEE STALKING LAW

Notice (5)(F):

“Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested;

(5) “Unconsented contact” means any contact with another person that is initiated or continued without that person's consent, or in disregard of that person's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:

(A) Following or appearing within the sight of that person;

(B) Approaching or confronting that person in a public place or on private property;

(C) Appearing at that person's workplace or residence;

(D) Entering onto or remaining on property owned, leased, or occupied by that person;

(E) Contacting that person by telephone;

(F) Sending to that person mail or any electronic communications, including, but not limited to, electronic mail, text messages, or any other type of electronic message sent using the Internet, web sites, or a social media platform; or

(G) Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and

(6) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.

(b)(1) A person commits an offense who intentionally engages in stalking.

(2) Stalking is a Class A misdemeanor.