Tennessee Bar Association Seeks Legislation to Protect Victims Filing for Divorce

We have seen a lot of attention given to the issue of domestic violence this year. The Tennessee Bar Association is doing what it can to help victims of domestic violence who are seeking a divorce by “pursuing legislation that would require respondents be served notice of the filing of a petition for divorce or separation before the court action is made public,” according to the Knoxville Daily Sun and the TBA website.

The legislation is designed to keep the victims’ spouses from finding out about the divorce before the victims have a chance to protect themselves, either with restraining orders or by developing a safety plan. Divorce filings are public records, because people in Tennessee have the right to know what is happening in their courts at any given time. By working with local judiciary and lawmakers, the TBA is hoping to craft a plan that will keep victims safe while maintaining transparency in our court system. The next session of the legislature convenes in January of 2015.

What is being done to help

On December 8, 2014, Governor Haslam held his annual safety summit, to discuss what could be done to help victims of domestic violence. Though Tennessee has seen a 14% decrease in domestic violence offenses since 2014, our state still ranked 10th in the nation last year for women who were killed by men.

Some of the measures discussed at the summit included mandatory sentencing for repeat offenders and at minimum of 12 hours incarceration for anyone arrested on a domestic violence charge. The governor also said that Tennessee should create more “family justice centers,” which are offices throughout the state “that offer legal and social services for domestic violence victims and their children.”

If Tennessee does build more family justice centers, they could offer victims who are seeking a divorce more opportunities to find help quickly. Combined with the Tennessee Bar Association’s legislation to keep divorce filings private until after the respondent is served, measures such as these could give victims and their children a real chance at finding the protection they need.

We will follow these legislative measures as they progress. For more information about protecting yourself during a divorce in Tennessee, please contact the Law Offices of LaFevor & Slaughter in Knoxville.