Archive for the ‘Domestic Violence’ Category

Conduct of the Parties after Marital Dissolution

Tuesday, March 9th, 2010

After a marriage has ended, the two parties often must maintain some form of relationship. Most commonly, that relationship is related to the children of the marriage – until those children are eighteen, the parents must meet the terms of their parenting agreement. There is a high likelihood, as well, that there are common friends who must either be divided between the parties or share time. If the parties are living in the same area, there is even potential that they will be shopping at the same time and in the same location.

The most pertinent example is, of course, that of transferring children between parents and the behavior of the parents in the presence of the children. Most parenting agreements and/or divorce decrees contain language that the parents must act civilly when together with the children present; in fact, under Tennessee law parents are required to refrain from speaking or acting in such a way as to influence children against the other parent.

In other situations or in marriages that do not involve children, the majority of the team the divorced couple is treated as if they had never been married. There is normally no requirement that they avoid contact, nor are they required to communicate unless ordered by the court. In some hotly disputed divorces, the court may issue orders of protection preventing each party from contacting the other. In the absence of a court order, though, there are no specific guidelines that must be followed by a divorced couple that do not apply to social interactions with anyone else.

If you are currently or previously have been involved in a divorce, your ex-spouse does not have a right to harass you or stalk you, nor to slander you. If you feel that your ex-spouse (or anyone else) is behaving inappropriately, you should contact an attorney. For more information about marital dissolution and other family law issues, click here.

Domestic Violence in Tennessee

Monday, January 4th, 2010

As discussed earlier on this blog, orders of protection are available to ensure the safety of someone threatened with domestic violence by a family member or close acquaintance. Domestic violence is broken into several sections and each is given a specific definition in T.C.A. § 36-3-601. Paraphrased, domestic violence or domestic abuse is essentially:

Inflicting or attempting to inflict physical injury on a victim non-accidentally; placing a victim in fear of physical harm or restraint; maliciously damaging personal property of a victim, including injury to an animal owned/possessed/leased/held by a victim; or placing a victim in fear of physical harm to an animal owned/possessed/leased/held by that victim. The victim must be either (a) a former or current spouse of the accused; (b) a former or current housemate or live-in partner of the accused; (c) a former or current dating or sexual partner; (d) a blood or adopted relative; (e) a current or former relative by marriage; or (f) the child of a person described in (a)-(e).

Domestic abuse is a serious issue, but the state of Tennessee has a remedy in place to protect those threatened or in fear of physical harm, as well as those who have already suffered abuse. If you are a victim of domestic abuse, you should consult an attorney. For more information on domestic violence and orders of protection, and other family law issues, click here.

Orders of Protection

Wednesday, December 23rd, 2009

An order of protection in Tennessee is similar to a restraining order or temporary injunction in that it affords some measure of relief before a trial is held. All three are used when a person is reasonably in danger or personal injury or loss of something for which he or she cannot be compensated through a verdict in his or her favor. Orders of protection are specialized in that they are available only to victims subjected to, threatened with, or reasonably fearful of domestic abuse, stalking, or sexual assault by a current or former spouse, live-in acquaintance, dating or sexual partner, or relative (blood, marriage, or adoption). An order of protection is also available against the adult child of one of the aforementioned parties.

In order to obtain an order of protection against an eligible party, the person seeking the order must not be the primary aggressor in the conflict. The person seeking the order must file a sworn petition alleging the abuse or threat or fear of abuse in the county where the alleged aggressor resides, or the county in which the abuse occurred. If the aggressor does not reside in the state of Tennessee, the petition may be filed in the county where the person seeking the order resides. An order of protection may last as long as one year, but if the order is issued immediately for good cause, the person against whom it is issued must be personally served, and is entitled to a hearing within fifteen days of the service. At that hearing, the court may dissolve or set a time limit on the order.

An order of protection may order that the person against whom it is ordered:

- Refrain from committing or threatening abuse, stalking, or sexual assault against the person seeking the order or that person’s minor children;
- Refrain from contacting or communicating with the person seeking the order directly or indirectly;
- Refrain from entering the residence of the person seeking the order (essentially evicting the person against whom the order is directed);
- Provide suitable housing for the person seeking the order if the person against whom it is ordered is the sole owner or lessee of the shared residence;
- Attend counseling programs; and/or
- Pay attorney fees and court costs.

In addition, the order of protection may:

- Award temporary custody or visitation of minor children of the parties to the party seeking the order;
- Award financial support to the person seeking the order;
- Direct the care of any pets or animals to the person seeking the order or to an appropriate animal care facility other than the person against whom the order is issued.

If the person against whom the order was issued violates the order, the defendant may be held in contempt of court and face all applicable punishments, plus fined fifty dollars for violation of the order.

If you are threatened with or have been the victim of abuse, stalking, or sexual abuse and you think that an order of protection is appropriate, you should contact an attorney. For more information on orders of protection and other family law issues, click here.