Facebook 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 […]

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Exposure 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 […]

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Orders 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 […]

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Tennessee 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 […]

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Tennessee 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 […]

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Extension 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 […]

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Grandparent Prevails Over Parent in Tennessee Child Custody Dispute: Mook v. Mook

Facts: After a short marriage notable for domestic violence, the parties divorced. Mother was named the primary residential parent of Child, and Father was awarded visitation. A few years later, Mother disappeared under suspicious circumstances. Father took custody of Child immediately following Mother’s disappearance. One week later, Maternal Grandmother petitioned for custody of Child. Father […]

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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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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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