Court dismisses petition for order of protection, urges family to seek custody remedies in juvenile or chancery court

A judge dismissed a petition for an order of protection filed against a man identified in the record as Mr. Ham, concluding the facts presented did not meet the statutory standard for domestic abuse and recommending the petitioner pursue custody or visitation remedies in juvenile or chancery court instead.

The petitioner (name not specified in the transcript) told the court she sought an order after repeated calls and texts and said Mr. Ham had “stand[ed] over” her and once sat in her house for several hours despite her requests to leave. She alleged past physical abuse but said the most recent physical contact was not recent. Mr. Lockhart questioned the petitioner during the hearing.

Judge David D. Wolfe reviewed the statutory standard for an order of protection under Tennessee Code Annotated 36-3-602, which permits relief where a petitioner has been subjected to or placed in fear of domestic abuse, stalking or related offenses. On the record, the judge found the petition did not establish the level of domestic abuse required for an order of protection and said lesser or alternative remedies were available.

“Nothing in this case that I've heard thus far amounts to an actual abuse in this situation,” the judge said, and explained that the petitioner could seek a custody or visitation order in juvenile court or chancery court, or retain counsel for those proceedings. The judge dismissed the petition and advised the petitioner that juvenile court could provide a quicker remedy because it holds weekly hearings.

The dismissal was entered at the hearing; the transcript records the judge’s advice and the recommendation that the petitioner pursue other legal avenues to regulate contact and visitation.