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 found that there was no present danger of abuse, but scheduled a hearing.

The wife testified that the husband abused her at their home by yelling, screaming, and making unwanted sexual advances.  The husband denied committing any of the acts alleged by the wife.

The trial court believed the wife and entered an order of protection, which prohibited the husband from having any contact.  The husband appealed to the Tennessee Court of Appeals.

The husband argued that there was insufficient evidence, and pointed to his testimony in which he denied the claims.  But the appeals court pointed out that, as in many cases involving abuse, the trial court’s determination boiled down to a determination of credibility.  And it pointed out that when determinations hinge on credibility, the appeals court should not reevaluate those findings unless there is clear and convincing evidence to the contrary.

For these reasons, the Court of Appeals affirmed the lower court’s findings.

The husband also argued that venue was improper.  But since there was no evidence that the husband had objected at the trial level, the Court of Appeals deemed this issue to be waived.

For these reasons, the Court of Appeals affirmed the lower court’s findings and assessed the costs of appeal against the husband.  The appeals court’s opinion was authored by Judge Andy D. Bennett, and Judges D. Michael Swiney and J. Steven Stafford joined.

No. E2023-00628-COA-R3-CV (Tenn. Ct. App. Mar. 7, 2024).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Domestic Violence in Tennessee.