Terra Joy Marie Westfall v. Eric James Westfall

Case Number
E2017-01819-COA-R3-CV

This case involves an order of protection sought by the petitioner against the respondent, who is the petitioner’s husband, on behalf of the petitioner and her three minor children. The trial court initially granted an ex parte order of protection and scheduled the matter for hearing. Following a subsequent bench trial, the trial court extended the ex parte order of protection for a period of one year, but it made no findings of fact or conclusions of law regarding the allegations in the petition or whether the petitioner had met her burden of proof. The petitioner timely appealed. Because the trial court failed to make adequate findings of fact and conclusions of law, we hereby vacate the trial court’s order and remand for entry of sufficient findings of fact and conclusions of law regarding whether the ex parte order of protection should be dissolved or an order of protection, not to exceed one year, be entered pursuant to Tennessee Code Annotated § 36-3-605 (2017).

Authoring Judge
Judge Thomas R. Frierson, II
Originating Judge
Judge Ben W. Hooper, II
Case Name
Terra Joy Marie Westfall v. Eric James Westfall
Date Filed
Dissent or Concur
No