Kite v. Kite, 22 S.W.3d 803 (Tenn. 1997)

A woman filed for an ex parte protection order against her estranged husband alleging that he vandalized her home and vehicle, called her employer and tried to get her fired, assaulted her repeatedly and was arrested for domestic violence, and regularly called and harassed her. On these grounds, she requested the immediate ex parte order of protection from the trial court. The trial court issued the order and set a hearing date that did not fall within the required ten days of service of the order per Tenn. Code § 36-3-60. The estranged husband filed a motion to dismiss, arguing that the court only had jurisdiction for the ten days after service of the protective order. The trial court and intermediate appellate court both agreed, and dismissed the case. On appeal, the Tennessee Supreme Court looked to the legislative intent behind the statute, finding that the ten day limit was only intended to be a limit on the duration of the ex parte protective order, and was not a limit on jurisdiction. The case was reversed and remanded back to the trial court for a hearing. 

Topics

• Domestic and intimate partner violence

Geographical location

• North America
• United States
• Tennessee

Keywords

• order of protection
• jurisdiction
• Statutory Interpretation
• legislative intent
• duty to protect

Year

• 1997

External URL

• Kite v. Kite, 22 S.W.3d 803 (Tenn. 1997)

Court

• Tennessee Supreme Court

Type

• Domestic Case Law

Jurisdiction

• Tennessee