September 26, 2023

Tennessee case abstract on home violence in divorce.

Paige Wininger v. Jarred Wininger

The husband and spouse on this Washington County, Tennessee, case had been married in Tennessee in 2017 and had one daughter.  In 2019, they moved to South Carolina, however in 2021, the spouse left the marital house and returned to Tennessee with the daughter.  The husband moved again to Tennessee days later.  Later that 12 months, the spouse knowledgeable the husband that she was transferring to Georgia with the daughter after which stopped speaking.  The daddy then filed a movement for momentary custody, after which the spouse surrendered the kid to the husband.  The spouse then filed a movement for visitation, wherein she acknowledged that she lived in Jonesborough, Tennessee.

The subsequent day, the spouse filed a petition for an order of safety.  She alleged that the husband bodily and sexually abused her throughout the marriage.  She recited eight incidents relationship again to 2018.  She alleged that in Could 2021, the husband punched her in entrance of the daughter, after which threw silverware and dishes.

On the listening to, the husband’s lawyer knowledgeable the court docket that the spouse had filed one other such petition in South Carolina, however the case proceeded in Tennessee.

The spouse testified to the varied incidents, however admitted on cross-examination that she known as the husband names, kicked him in self-defense, and spit on him.  The husband’s lawyer performed an audio recording wherein the spouse threatened to slit her personal throat.  Varied texts despatched by the spouse had been additionally offered to the court docket.

After listening to all the proof, the trial court docket dismissed the spouse’s petition, discovering that the spouse had “uncontrolled rage” towards the husband.  After numerous post-judgment motions, the spouse then appealed to the Tennessee Court docket of Appeals.

After figuring out that jurisdiction was correct, the appeals court docket turned to the deserves of the case.  The spouse first argued that the trial court docket ought to have admitted an audio recording she sought to current.  The trial court docket had disallowed it as a result of she had not beforehand produced it.  The spouse was, nevertheless, allowed to testify as to the occasions that happened.  However the spouse did not make a suggestion of proof as to the contents of the tape.  Subsequently, the appeals court docket was unable to assessment the problem and affirmed.

The spouse additionally objected to the husband’s audio recording.  However for the reason that spouse did not object at trial, this subject was waived.

The spouse additionally argued that the trial court docket erred in throwing out the petition.  However the trial court docket had concluded that the spouse’s proof was not credible.    For the reason that trial court docket is correctly the one to make credibility determinations, the Court docket of Appeals agreed that the proof didn’t preponderate towards the decrease court docket’s findings.  Subsequently, it affirmed.  It additionally taxed the prices of enchantment towards the spouse.

No. E2021-01296-COA-R3-CV (Tenn. Ct. App. Sep. 14, 2022).

See unique opinion for actual language.  Authorized citations omitted.

To be taught extra, see The Tennessee Divorce Course of: How Divorces Work Begin to End.

To be taught extra, see Home Violence in Tennessee.