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

Shortly before Thanksgiving, Mother emailed Father to ask for him to exchange parenting time with her for the Thanksgiving weekend. She explained that her sister’s family would be in town, and Child was excited to see her cousins on that side of the family.

Father declined, explaining that his family already had “lots of plans” for that weekend, including Child’s stepsister’s birthday celebration.

A week or so later, Mother petitioned for an order of protection against Father on behalf of herself and Child, alleging emotional and physical abuse. Mother alleged:

• Father insults, yells, shakes, pushes, and drags Child;
• Child is constantly fearful around Father;
• Father yells at Mother at school events and when they exchange Child for parenting time, and
• Father once challenged Child to stab Stepmother with a knife.

At the hearing a few weeks later, the case manager from the Department of Children’s Services (“DCS”) testified that Child admitted Stepmother has never spanked her and affirmed she was not concerned about physical abuse.

Child’s teacher testified that she and other teachers comforted Child when she experienced a panic attack around the time Father was to pick her up from school, less than a week before Thanksgiving. Child’s school counselor testified Child was crying because she did not want to go home with Father.

Mother testified about Father’s conduct at Child’s soccer games, such as when Father insists on speaking to Child even when it is during Mother’s parenting time. (!!!)

Child, age 12, testified she was trying to skip visitation with Father shortly before Thanksgiving. She had previously spoken with Father about wanting to spend more time with Mother and less time with him, to which Father responded that he would exercise parenting time until she turned 18. She said she does not fight with Stepmother. She recalled coloring, crafting, playing cards with the adults and other children, going on family bike rides, jumping on the trampoline, and playing in the woods during her stay at Father’s home.

Stepmother’s former husband testified he was “very surprised” to hear how Child reacted during the late November school incident because “she’s never acted anything like that.” He stated that Child and her stepsister “are best friends, so I don’t see where any of this could be coming from.”

Father’s pastor testified to a meeting with Father and Child after the school pick-up incident. The pastor spoke privately with Child. She stated she feared Father because he had spanked her one time for discipline. Two days later, at church, the pastor checked on Child and noted that she did not seem sad or upset.

Child’s paternal grandfather testified that he never saw Father cursing at Mother or being within arm’s reach of her at Child’s soccer matches.

Stepmother denied that Father had ever shaken, dragged, insulted, cursed at, or pushed Child down the stairs. She stated that she and Father had been reported at least seven times to child protective services. Each time, there was no follow-up or concern by child protective services. As for the soccer games, she testified that she and Father try to congratulate Child post-match, but “she’s constantly being called to get back over here, let’s go now, and it’s not even been two minutes that we’ve got to talk to her.”

Finally, Father testified there had been “no turmoil whatsoever” until the Thanksgiving school pickup incident. He also confirmed Stepmother’s account of the knife incident. He told Child, “If I were to tell you to go over there and stab [stepmother], would you do it?” When Child responded, “No,” Father responded, “Just because somebody tells you to do certain things doesn’t mean that you should always do it.”

The trial court dismissed the petition, characterizing it as another attempt to change the parenting plan. Both parents had agreed to let Child Protective Services assess Child and undergo counseling, and the trial court ordered them to do that. Specifically, the trial court found Mother’s petition had misleading statements, exaggerations, and broad generalizations. There was no evidence of physical abuse or of Father threatening Child. Mother did not prove that Father abused Child. Mother also did not prove that Father pushed, spat on, bullied, stepped on her shoes, or insulted her.

Mother appealed.

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

The Tennessee court may extend an ex parte order of protection if the petitioner has proved the allegation of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by a preponderance of the evidence, i.e., by proving the allegation is more likely true than not true.

“Abuse” is defined, in relevant part, as:

• inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means, or
• placing an adult or minor in fear of, or in, physical harm or physical restraint.

To establish domestic abuse, a petitioner merely must show a reasonable fear of physical harm. Proof of actual physical abuse is not required.

The Court found no error in the trial court’s reasoning:

Here, after weighing the testimony of the many witnesses and observing their demeanor, the trial court specifically found that Mother’s petition contained misleading statements, exaggerations, and broad generalizations. The testimony provided certainly established the contentious nature of Mother’s and Father’s relationship and the embarrassment and genuine stress this causes their teenage child. However, the evidence adduced at the hearing simply does not meet the standard of abuse for which an order of protection is warranted. Giving proper deference to the trial court’s assessment of witness credibility, we have determined that the evidence does not preponderate against the trial court’s factual findings.

Finding that Father did not abuse Mother or Child as defined in the law, the Court affirmed the trial court’s order dismissing the petition for an order of protection.

K.O.’s Comment: I am astonished that Mother argued it was improper for Father to speak to Child at her soccer matches when the matches took place during Mother’s parenting time.

Source: Lydtin v. Carringer (Tennessee Court of Appeals, Eastern Section, August 12, 2025).

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