Five Myths about Domestic Violence
Five Myths about Domestic Violence
Read MoreCategory: Domestic Violence
Child Custody to Abusive Parent Vacated in Livingston, Tennessee Divorce: Carr v. Carr
Does committing domestic violence disqualify one from being the primary residential parent?
Read MoreDenial of Order of Protection Reversed in Rogersville, Tennessee: Mullins v. Hernandez
What does it take to get an order of protection?
Read MorePodcast #4: Judge Swann Reflects on Changes in Tennessee Family Law and Life after the Bench
K.O. concludes his interview with Judge Bill Swann. They discuss the rise of mediation, the end of gender preferences in child-custody disputes, the most rewarding types of cases, and the most difficult. Judge Swann predicts what we’ll see in the coming years, and discusses his life after retiring from the bench.
Read MoreFacebook Posts Lead to Order of Protection in Memphis, Tennessee: Purifoy v. Mafa
Facts: Woman works as a Legal Aid staff attorney representing domestic-violence victims. Man is an occupational therapist with PhD’s from both Oxford and Cambridge in England. In 2013, Man’s ex-girlfriend sought an order of protection against him. Woman was a fact witness who briefly testified in the hearing. The order of protection was denied. Eight […]
Read MoreExposure to Domestic Violence Leads to Child-Custody Change in Gallatin, TN: In re Ashton V.
Facts: Mother and Father are the never-married parents of Child. After they broke up, the juvenile court designated Mother as the primary residential parent and awarded Father parenting time every other weekend and additional time on Wednesdays. Nine months later, Father petitioned to change the primary residential parent designation. He alleged Mother was uncooperative and […]
Read MoreNo Appellate Review after Order of Protection Expired in Nashville, TN Divorce: Honeycutt v. Honeycutt
Facts: While their divorce was pending in another court, Wife petitioned the trial court for an order of protection. She alleged being in fear of abuse from Husband based on an incident that occurred nine days earlier and what she claims was Husband’s history of controlling and abusive behavior. After hearing, the trial court granted […]
Read MoreOrders of Protection in Tennessee
This recent article by Marlene Moses and Manuel Benjamin Russ in the Tennessee Bar Journal may be of interest to readers of this blog. Perfecting Protection In Tennessee, a party may take protective action from another person short of filing a criminal warrant by requesting an Order of Protection from the appropriate jurisdictional authority. Despite […]
Read MoreTennessee Supreme Court Changes Ethical Rules for Solicitation of Divorce Clients
On February 12, 2015, the Tennessee Supreme Court adopted an amendment to the ethics rules that will ban written, electronic, telephonic, or in-person solicitation of potential divorce clients within 30 days of the filing of a divorce. The Tennessee Supreme Court added the following Comment 5[A] to RPC 7.3: RPC 7.3(b)(3) includes a prohibition against […]
Read MoreTennessee Bar Association Proposes Delay in Divorce Notifications
This recent article by Stacy Barchenger in The Tennessean may be of interest to readers of this blog. Attorney group seeks to delay divorce notifications The Tennessee Bar Association is pushing to change when divorce filings become public in order to close what association leaders say could be a dangerous gap. At issue: When someone […]
Read MoreExtension of Knoxville Order of Protection Reversed: Hall v. Hall
Facts: During the pendency of the parties’ divorce action, Father obtained an ex parte order of protection against Mother, which ex parte order of protection was subsequently allowed to expire. The parties eventually entered an agreed parenting plan providing for equal co-parenting time. Five years later, Father obtained another ex parte order of protection against […]
Read MoreDamages for Spousal Tort Claim Affirmed in Maryville, TN Divorce: Rayfield v. Rayfield
Facts: Husband and Wife separated after 16 years of marriage. Husband moved out of the marital residence. Wife filed for divorce. After the separation but prior to the filing of the divorce complaint, Wife claims Husband assaulted her when he came to the marital residence and asked to pick up some tools and a guitar. […]
Read MoreEquitable Division of Marital Property Challenged in Wartburg Divorce: Peterson v. Peterson
Facts: After a 25-year marriage, the parties separated after Husband savagely assaulted Wife. Husband stabbed her multiple times, beat her head against a dresser, and set fire to their home with Wife inside. According to Wife, the attack was unprovoked and stemmed from Husband’s unfounded claim that she was having an affair. As a result of […]
Read MoreOrder of Protection for Stalking Affirmed in Nashville: Walker v. Pawlik
Facts: This isn’t exactly a Date From Hell, but it’s still a pretty good read. Man and Woman met via the dating website Match.com in May 2012. They dated for a few months. In August, Man agreed to pick up Woman and her young daughter at the airport as they returned from vacation. Unable to […]
Read MoreModification of Permanent Parenting Plans in Tennessee
This recent article by Marlene Moses in the Tennessee Bar Journal may be of interest to readers of this blog. Modification of Permanent Parenting Plans in Tennessee I worry when a client appears to be on the verge of giving up on getting the terms of an initial Permanent Parenting Plan just right. Whether they […]
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