For Tennessee Order of Protection, Person Must Face Real Harm

Tennessee law case summary on order of protection law in Tennessee divorce and family law from the Tennessee Court of Appeals.

Sandi D. Jackson v Mitchell B. Lanphere – Standard for Granting Tennessee Order of Protection

Sandi Jackson filed a petition for orders of protection against Mitchell Lanpherein June of 2010. She filed the petition for herself and the minor child of the two, named Keely. She stated that, on May 30, 2010, Mr.Lanphere sent threatening messages that caused the two to fear for their safety. This occurred after Mr.Lamphere failed to pick up the child on May 29, 2010 for a court-ordered weekend parenting time.

In June of 2010, a hearing was held. The court dismissed the petition for an order of protection after hearing testimony from Ms.Jackson and officer Connie Cassidy from the police department. On July 6, 2010, the court held that Ms. Jackson failed to prove the allegations.

She then appealed the decision on August 12, 2011, the appeals court concluded that the trial court erred in failing to make specific findings of fact and consultation as required under law. This led to the appeal court vacating the trial court’s ruled and remanded the case.

Upon remand, the order entered August 19, 2011 stated that Ms.Jackson was not a credible witness and that she was never in fear of any real or imaginary harm to herself of the child. She was, rather, aggravated. It stated she took out the order of protection as a way to thwart the court ordered visitation time with the child. The police officer stated she did not act scared and rather was misleading the officer in the statements she made. Therefore, it ruled that the respondent did not commit or threaten to commit any act that could be considered domestic violence.

The trial court, then, made the following conclusions. It stated that Ms. Jackson failed to prove her allegations and that she was never a victim in the case. Accordingly, it dismissed the case.

Ms. Jackson appealed this again now arguing that the trial court erred in applying an incorrect standard of proof and abused his discretion in the matter. She based her argument solely on the language in the order that stated, “By clear and convincing evidence, Petitioner knew that the allegations were false at the time she made them.” She believes this means that the trial court incorrectly applied a more demanding clear and convincing standard of proof. The appeals court did not agree with this. As a result, the trial court’s decision was affirmed by the appeals court.

No. M2011-02009-COA-R3-CV (Tenn. Ct. App. June 15, 2012).

See original opinion for exact language.  Legal citations omitted.

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