Kite v. Kite

The court found that a trial court retains jurisdiction under Tenn. Code Ann. § 36 – 3 – 605 “after failing to conduct a hearing within ten (10) days of service of an ex parte protective order.”  The court found that the ten day limit was only a limit on the duration of the protective order and not a limit on jurisdiction.  Petitioner Kite alleged that defendant vandalized her home and automobile, called her employer and tried to get her fired, assaulted her repeatedly and regularly called and harassed her.  On these grounds, she requested an 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 ten days of service of the order.  The respondent filed a motion to dismiss, arguing that the court had jurisdiction only for ten days after service of the protective order.  The court looked to the legislative intent behind the statute, finding the words of the statute ambiguous.  It interpreted the ten-day requirement in a manner consistent with the policy goal of “providing enhanced protection from domestic abuse.”  It found that the ten-day requirement was not meant to limit a domestic violence victim’s judicial protection, but rather to limit “the potential for abuse by protecting respondents from possible ongoing frivolous or retaliatory ex parte protective orders.”



Avon Center work product