Tennessee Family Law Legislative Update 2018
Was the Tennessee Legislature as bad in 2018 as they’ve been in previous years? You be the judge.
Read MoreCategory: Order of Protection
Denial of Order of Protection Reversed in Rogersville, Tennessee: Mullins v. Hernandez
What does it take to get an order of protection?
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 MoreK.O. Herston a “Top Attorney” for Divorce, Family Law, Child Support, and Adoption in Knoxville, TN
Once again, I am honored to have been selected by my colleagues in the Knoxville Bar as being among the best divorce, family law, child support, and adoption lawyers in Knoxville. CityView magazine explains: Each year, Cityview calls upon the members of the Knoxville Bar Association to determine which attorneys in East Tennessee are the best in […]
Read MorePermanent Order of Protection Reversed in Knoxville, TN Divorce: Swonger v. Swonger
Facts: After being hospitalized from Husband’s physical abuse, Wife obtained an order of protection prohibiting Husband from contacting Wife for one year. Wife later filed for divorce, requesting, in part, that the one-year order of protection be modified to a permanent order of protection. Husband never filed an answer to the complaint for divorce. Wife […]
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 Divorce and Family Law Legislative Preview 2015
The Tennessee Legislature has begun its 2015 session. Several bills affecting family law have been introduced. Below is a brief summary of some pending family law legislation. Senate Bill 101/House Bill 90: This would allow a child support obligor and the obligee to enter into a written settlement to forgive accrued principal and interest on a child […]
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 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 MoreCriminal Contempt and Violation of Order of Protection in Tennessee: Furlong v. Furlong
Facts: Husband and Wife separated. Wife obtained an order of protection against Husband after claiming she was “extremely afraid” of him. While the Order prohibited Husband from “coming about” Wife and gave her exclusive possession of the marital residence, it also directed Husband to come to the marital residence to repair Wife’s automobile and identified […]
Read MoreOrder of Protection versus Restraining Order in Tennessee: Wiser v. Wiser
Facts: Husband and Wife separated. Wife then obtained an Order of Protection against Husband and later filed for divorce. When they divorced, the trial court approved their Marital Dissolution Agreement that contained a mutual restraining order prohibiting both parties from coming about, harassing, threatening, assaulting, or abusing each other. After the divorce, Wife requested a […]
Read More2011 Tennessee Legislative Update Part II
More on new family law legislation from the Tennessee Legislature in 2011: Orders of Protection. A new law specifies that an ex parte order of protection issued to protect the petitioner from domestic abuse, stalking, or domestic assault may require the respondent to immediately vacate the residence shared with the petitioner, pending a hearing on the matter. 2011 PC 253, effective 5/23/11. […]
Read MoreCriminal Contempt and Orders of Protection in Tennessee: Worley v. Whitaker
Facts: Mother sought an Order of Protection against Father. Mother alleged Father placed her in fear by, inter alia, grabbing her, choking her, threatening her, stalking her, leaving threatening phone messages, sending threatening text messages, etc. The trial court entered the requested Ex Parte Order of Protection. Mother subsequently alleged Father violated the Order of Protection when […]
Read MoreCardwell v. Hutchinson
Facts: Petitioner is mentally disabled and was sexually abused by Respondent, who was the youth leader at Petitioner’s church. Petitioner obtained an order of protection prohibiting Respondent from from contacting Petitioner. The order also prohibited Respondent from attending Petitioner’s church so long as Petitioner continued to attend that church. The order expired after one year, […]
Read More