Mom Granted Order of Protection Against Gun Wielding Grandmother

Tennessee case summary on orders of protection.

Regina Montanna Marie Mullins v. Amy Paige Hernandez

The mother in this Hawkins County, Tennessee, restraining order case sought an order of protection against the grandmother of one of her children.  They were living together when the grandmother allegedly threatened her with a handgun.  There was a hearing, and the trial court, Judge Alex Pearson, found that “there was a gun involved,” but that the grandmother’s conduct did not rise to the level of a threat.  Therefore, no order of protection was issued.  The mother had testified that the grandmother pulled out a gun and threatened to shoot the mother’s mother.  She testified that the gun was cocked and that the grandmother yelled that the gun was fully loaded.

The trial judge called it a “close case,” but there was insufficient evidence of a threat of physical harm.  The grandmother had admitted to removing the gun from a safe, but said she did so because she feared for her own safety.

The mother then appealed to the Tennessee Court of Appeals.  The appeals court first noted that in non-jury cases, there is a presumption of correctness in factual findings, and these will not be reversed unless the evidence preponderates against them.  But it also noted that under the statute, proof of actual physical abuse is not required.

In this case, the mother had shut herself in the bedroom with her daughter and called her mother to pick up the child because she felt it was unsafe because the grandmother had a gun.  The appeals court also pointed to a Facebook post by the grandmother showing the gun with the caption, “whenever anyone feels froggy please jump I’m dying to try this out.”

The appeals court did note that the trial court had credited the mother’s testimony.  Therefore, it held that the facts established a threat with a cocked and loaded gun.

Based upon those facts, the Court of Appeals held that they established a legal basis for the order of protection.  Therefore, it reversed the lower court’s judgment and sent the case back with instructions to enter the order.

No. E2017-00365-COA-R3-CV (Tenn. Ct. App. Feb. 27, 2018).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Domestic Violence in Tennessee.