Understanding Domestic Abuse

 

What is abusive behavior?

Abusive behavior may not provide grounds for an Order of Protection, unless the behavior fits the definition of the governing statute. Sometimes, abusive behavior is just personally insulting or offensive. Sometimes it is criminal. Sometimes, it is grounds for divorce. Contact William C. Cremins at (865) 329-7349 for immediate advice upon what to do if a friend, relative, you or your children are being abused.

Signs of Abuse

There are red flags indicating the possibility of abuse. See the Denton case in the Representative Cases section of this site.

If you read Dr. Lenoir Walker’s The Battered Woman, you may recognize your situation. It is available in many libraries free of charge, or may be obtained via interlibrary loan.

Abusive Behavior Which May be Grounds for Divorce but not Protective Orders

It is abusive to require someone to account for every mile on the odometer, or every minute outside the house, or every dollar spent. It is abusive to make a spouse unreasonably limit time outside the house, to be always available to cater to one’s desires.

It is abusive to have to account for every person met, or talked to personally or by phone. It is abusive to isolate a spouse from friends or family, to encourage dependence upon the abuser and lack of personal independence. It is abusive to withhold money, or miserly dole it out as deigned appropriate without regard for another’s needs or wants.

It is abusive to make one spouse stay home when she wants to have a career. Sometimes the abuser, due to low self-esteem, or trust issues, is afraid that if his spouse obtains employment, a co-worker will have an affair with his wife or steal her away. Of course, this may be so with either gender, but it is more commonly found with men abusing women.

It is abusive to require a parent to home school children against the wishes of one who wants the children enrolled in a traditional school. It is abusive to force one to bend to the will of another in any of these situations, but these, generally, are not considered grounds for an Order of Protection, even if they may constitute grounds for divorce. “Abuse,” as required to get an Order of Protection is specifically defined in the Order of Protection law. Please contact William C. Cremins at (865) 329-7349 for details.

Abusive Behaviors Which May Be Grounds for Protective Orders

Abuse which rises to the level of grounds for an Order of Protection is usually also going to provide grounds for divorce. Abuse which is grounds for divorce may not fit the statute requirements to get an Order of Protection.

It is abusive to harm or threaten to harm another with whom certain relations are shared. It is a ground for an Order of Protection if one hurts or threatens to hurt such a person, or maliciously destroys property of or shared with such a person. If one holds another such person against the will of that person, an Order of Protection may be indicated. See the Denton case in t he Representative Cases section.

One may seek an Order of Protection for one’s self or for one’s children. If concerned for others’ children, a referral may be made to the Department of Children’s Services or a local organization such as ChildHelp, or you may phone your local police to report your concerns. You may do any of these anonymously.

Threatening, forcing, or intimidating another to perform involuntary sex acts are grounds for an Order of Protection and grounds for divorce. Shame or embarrassment should not keep a victim from seeking help, but both cause some people to keep silent while this abuse occurs. Contact William C. Cremins for immediate confidential advice.

It is abusive to require an adult to worship in a place where women are involuntarily required to do things as part of the religion that arbitrarily deny their sexual choices.

Sex in a marriage traditionally is considered an intimate choice expressing love and/or enjoyment of the other spouse. If sex is required deferred to men as to what and when sexual acts will be performed, even when it makes one person uncomfortable to the point of wanting to refuse to willingly defer, abuse is indicated.

In the guise of religion, some cult-like situations have women doing things to be “good,” which they don’t want to do, because it makes them feel bad about themselves. Such “religions” may be nothing more than indoctrination centers training women to be abused and men to abuse them. Referrals to licensed, clinical psychologists are often made by William C. Cremins to help clients cope with unrealistic expectations arising from abusive relations. Contact William C. Cremins to discuss this confidentially if this is happening to you.

Typically, abused people hide their bruises or make flimsy excuses for them. “I fell down the steps,” ought to be a trigger for concern, if heard too often. Wearing long sleeves in hot weather may not be intended to stay warm as much as hide bruises. Unexplained trips to the doctor or hospital, mystery bruises, and withdrawals from society for days at a time may indicate abuse.

If you watch Knoxville’s public television station Sunday nights, you will find local officials discussing domestic violence and options available per Tennessee law.

There is a free, public “Order of Protection School” many Thursday mornings at 8 a.m. in the large assembly room of the Knoxville City-County building located at 400 Main Avenue, Knoxville, Tennessee. Phone the Fourth Circuit Court at (865) 215-2404 to learn whether the “Order of Protection School” will be held on a Thursday when you can attend.

Contact William C. Cremins or call 1-866-618-6539 for help with your legal case.


Areas of Practice

  • Adoption Law
  • Alimony
  • Automobile Accidents and Injuries
  • Child Custody and Visitation
  • Dependent and Neglected Children
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