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Spouse’s Responsible Plea Did Not Preclude Order for Safety

Tennessee divorce case abstract on home violence.

Amber Lyn Rogers v. Joshua Michael Rogers, Sr.

Spouse’s Responsible Plea Did Not Preclude Order for Safety

The spouse on this Blount County, Tennessee, case filed for an order of safety from her estranged husband.  In her petition, she alleged that the husband positioned her in a wrist lock and dragged her, as she screamed that he was hurting her.  She additionally associated different events when the husband threatened bodily hurt.

A judicial commissioner issued an ex parte momentary order of safety, and a listening to was held earlier than Decide Tammy M. Harrington, who made a discovering that the husband had abused or threatened to abuse the spouse.  The husband appealed, and argued that the proof supported a discovering of self-defense.

The spouse admitted that she confirmed up on the husband’s residence uninvited, however insisted that he was the aggressor.  The husband, however, argued that he was appearing in self protection, and even known as the police.  The spouse was charged with home assault, and pled responsible.

The appeals court docket famous, nonetheless, that determinations of witness credibility are finest performed by the trial court docket, and such discovering wouldn’t be overturned with out clear and convincing proof.   The court docket held that the responsible plea, by itself, was not sufficient to require a discovering of self protection.  As an alternative, the essential issue was witness credibility, and that was finest determined by the trial decide.

For these causes, the Court docket of Appeals held that the proof didn’t preponderate towards the decrease court docket’s findings.  Subsequently, it affirmed the judgment of the trial court docket.

The opinion of the Court docket of Appeals was authored by Decide W. Neal McBrayer, and Judges Kenny W. Armstrong and Kristi M. Davis joined.

No. E2020–00913-COA-R3-CV (Tenn. Ct. App. Apr. 21,  2021).

See authentic opinion for precise language.  Authorized citations omitted.

To be taught extra, see Domestic Violence in Tennessee.

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