2011 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. […]

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Criminal 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 […]

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Cardwell 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, […]

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Brown v. Vaughn

Facts: Girlfriend, a Tennessee resident, sought and obtained an Order of Protection against her former Boyfriend, a Georgia resident.  Boyfriend challenged a Tennessee court exercising jurisdiction over him.  The trial court found: Subject matter jurisdiction is challenged. The Court finds that [Boyfriend] has committed acts which bring him within the state of Tennessee’s jurisdiction. The […]

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Tennessee’s Latest Divorce Statistics

In a recent post, I discussed the recent national decrease in divorce filings attributed to the current recession.  I now have the statistics for Tennessee.  From July 2008-July 2009, the following changes for new filings in domestic relations cases in Tennessee were observed: Divorce without children:  up 0.3%↑ Divorce with children: down 1.2%↓ So does […]

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Huntzinger v. Parham

A custody award in an Order of Protection (and an ex parte one at that) does not constitute a final custody determination and, therefore, a material change of circumstances is not necessary to modify it.  A final order will make findings concerning the comparative fitness of the parties, name the primary residential parent, set the […]

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