Wife gets order of protection based on her testimony
Tennessee case summary on orders of protection in divorce.
Husband appeals Wife’s Order of Protection against him. Appeals court confirms based on credibility.
Crystal N. Howard Elser v. Curtis M. Elser
While their divorce case was pending, the wife in this Rhea County, Tennessee, case filed a petition for order of protection against the husband. The trial court determined that there was no immediate danger of abuse but scheduled a hearing.
The woman testified that her husband had abused her in their home, yelling and screaming at her, and making unwanted advances. The husband denied any of the acts that the wife alleged.
The court believed the woman and entered an order for protection which prohibited any contact between the husband and wife. The husband appealed the case to the Tennessee Court of Appeals.
The wife argued there was not enough evidence and pointed to her testimony where she denied the claims. The appeals court noted that in many cases of abuse, the trial court made its decision based on credibility. The husband also argued the venue was incorrect. The Court of Appeals determined that this issue was waived because there was no evidence to suggest that the husband objected during the trial. The opinion of the appeals court was written by Judge Andy D. Bennett and joined by Judges D. Michael Swiney, J. Steven Stafford and others. E2023-00628-COA-R3-CV (Tenn. Ct. App. Mar. Legal citations omitted. Legal citations have been omitted.For more information, visit Domestic Violence in Tennessee.
