Facts: Mother and Father are the divorced parents of Child.

Mother directed her boyfriend, a schoolteacher, to send a message to her 10-year-old daughter, advising her of a call from a friend. Mother’s boyfriend did this, and Child responded, “OK, thanks.”

Mother’s boyfriend then sent an additional message through Snapchat that said, “No Problem,” with an image that said, “How old were you when you found out that LMAO means lick me all over?”

The message was forwarded to Father, who contacted local law enforcement. Mother’s boyfriend spoke with Father and apologized, stating it would never happen again and admitting the message was in “poor taste.” Mother’s boyfriend later claimed the message was sent to Child by mistake.

Father petitioned for an order of protection on behalf of Child, alleging that Mother’s boyfriend was stalking Child.

At the hearing, Father admitted that Mother’s boyfriend had not stalked him or Child. He further admitted he was unaware of any additional messages sent to Child or any other concerning behavior.

Mother’s boyfriend testified he was clearing photos on his phone and mistakenly sent the message to Child. He claimed he did not learn of his mistake until the next day, when he spoke to Father.

The trial court entered an order of protection, checking the box indicating that Mother’s boyfriend had “abused” or “threatened to abuse” Child. Mother’s boyfriend was ordered to have no contact with Child for one year.

Mother’s boyfriend appealed, arguing the evidence was insufficient to support the entry of an order of protection.

On Appeal: The Court of Appeals reversed the trial court.

Tennessee courts may issue an order of protection if the petitioner proves the allegation of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by a preponderance of the evidence.

“Stalking” is defined as a willful course of conduct involving repeated or continuing harassment that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that conduct actually causes the victim to feel that way.

“Abuse” is defined as inflicting, or trying to inflict, physical injury by intentional means, placing someone in fear of, or in, physical harm or restraint, causing malicious damage to someone’s personal property, or intentionally engaging in behavior that amounts to financial abuse.

The Court reversed the trial court’s entry of an order of protection because the evidence did not meet the statutory criteria:

Here, the evidence presented was insufficient to sustain a finding of stalking as alleged or a finding of domestic abuse as found by the trial court. We acknowledge that the message itself was very inappropriate; however, the record is devoid of evidence establishing that [Mother’s boyfriend] engaged in a willful course of conduct involving repeated or continued harassment of Child. Further, it was not alleged, and facts were not presented to establish that [Mother’s boyfriend] had abused Child. Accordingly, we vacate the entry of the order of protection against [Mother’s boyfriend].

The Court reversed the trial court’s judgment.

Source: Aveille v. Moore (Tennessee Court of Appeals, Western Section, February 7, 2025).

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