Protective Order Granted Against TN Husband Who Abused & Chased Wife

Tennessee law case summary on protective orders in Tennessee divorce and family law from the Tennessee Court of Appeals.

Mary Susan Rehrer v Mark Elwyn Rehrer – Tennessee Protective Order Law

Mary Rehrer, wife, obtained an order of protection against Mark Rehrer, husband. She alleged that in February of 2010, the husband tried to break in the bedroom door where the children and she were hiding and that he attacked her from behind, ripping things from her arms, grabbing her wrist and injuring her. She stated that the husband was verbally abusive and made her fear her life. She stated he tried to make her sign various financial documents and that he refused to leave the marital residence. She stated he possessed a firearm.

The trial court issued an Ex Parte Order of Protection. It was ordered the husband could retrieve his motor home, truck, and Mercedes from the marital residence. In March of 2010, the wife testified that the two had been married since October of 2007 and did not have any children together, but she had two from a previous marriage. She stated the two separated in February of 2010 when she obtained the order. She stated she was self-employed and ran a marketing business. The husband was an instructor for JROTC.

The wife testified that the house was hers, owned prior to the marriage. She stated that she initially did not think the injury she sustained was significant enough to arrest him for assault but noted that he took important business documents with him when he left that night. She stated she stayed in the house for the next five days because she was afraid. The husband was arrested for taking important documents pertaining to her business. When she did finally go to the doctor, she learned she had a fractured clavicle.

The husband testified that the wife contacted him at work that day to ask if his pay was going to be deposited into the account. He stated the two decided to divorce but would remain living together for two months. He stated that she told him he could not stay there any longer and that she was going to move his stuff out. He stated he did not harm her in any way. He testified that he knocked on the wife’s door and told her the couple’s pastor was in the home.

The trial court judge stated that the Order was necessary since there was sufficient evidence to issue it and that it would be good for one year. The husband filed an appeal and brought forth various witnesses who claimed the wife did not have any injury in the days after the incident.

The husband appealed the decisions of the lower court in providing the protection order. He stated there was overwhelming evidence to append the motion which direct contradict the wife’s testimony. The husband’s affidavit noted that the assault charges the wife filed against him were dismissed. The husband alleged that the trial court relied on perjured testimony.

The appeals court noted that the wife did not have to prove she was injured to obtain the protection order. Rather, she had to prove she was in fear of physical harm. Even not considering the potential perjury, the appeals court stated that the wife’s testimony stated she feared her husband and believed at least on two occasions he would harm her.

The appeals court also stated that it relies on the trial court to be the best judge the creditability of the witnesses. The trial court’s award of the protection order was just, the appeals court ruled and affirmed the lower court’s ruling.

NO E2010-01907-COA-R3-CV, September 15, 2011.

See original opinion for exact language.  Legal citations omitted.

To learn more about domestic violence in Tennessee, see Domestic Violence & Tennessee Divorce Law | Get Safe Now.

Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, child support, alimony, prenuptial agreements, child custody, parental relocation, child support modification, alimony modification, and divorces including business valuation and forensic accounting issues.