Order of Protection Thrown Out Absent Fact Findings

Tennessee case summary on orders of protection.

In 2014, Deanne Roney went to court for an order of protection against Linda Nordhaus. In her petition, Roney alleged that Ms. Nordhaus had been stalking her and her children. The petition was granted, and Ms. Nordhaus appealed to the Smith County Circuit Court. That court held a hearing, and extended the order to five years, based upon the conclusion that Ms. Nordhaus had violated the existing order.

An appeal was then brought to the Tennessee Court of Appeals. The appeals court, however, did not reach the merits of the appeal. It noted that the lower court had not made specific findings of fact and conclusions of law in reaching the conclusion that the first order had been violated.

The appeals court pointed out that the requirement for detailed findings is not a mere technicality. It is necessary for a reviewing court to make a determination of the case. It noted that the findings must show enough facts so that a reviewing court can see how the lower court reached its conclusion on each factual issue.

In this case, the lower court had merely checked a box on a form and said that the respondent did the things listed in the petition.

Under Tennessee law, a five year order of protection can be issued only if an earlier order has been violated. In this case, the Court of Appeals concluded that it did not have enough factual findings to determine whether or not the earlier order had been violated.

For this reason, the Court of Appeals vacated the lower court’s judgment and sent the case back for further proceedings.

No. M2014-02496-COA-R3-CV (Tenn. Ct. App. Dec. 30, 2015).

See original opinion for exact language. Legal citations omitted.

To learn more, see Domestic Violence in Tennessee.