Representative Parkinson promotes bill to clarify court authority on protection orders

The Judiciary Committee of the Tennessee State Legislature convened on April 8, 2025, to discuss a proposed bill aimed at clarifying the authority of courts in domestic violence and assault cases to issue orders of protection. The bill, presented by Representative Parkinson, seeks to codify that any court handling such cases has the discretion to issue these protective orders.

During the meeting, Representative Parkinson explained that the legislation is designed to eliminate ambiguity regarding the ability of courts to issue orders of protection. He emphasized that the bill allows courts to act if they deem it necessary, stating, "It's a may," meaning judges have the option to issue an order if they see fit.

Committee members engaged in a thorough discussion about the implications of the bill. Representative Johnson raised concerns about the lack of urgency in addressing the bill, noting that it received significant time for questions compared to other legislation. He confirmed his understanding that the bill allows any court hearing relevant cases to issue protective orders, not just a specific court.

However, some committee members expressed reservations. President Garrett articulated concerns regarding the intersection of civil and criminal matters, pointing out that orders of protection are typically civil in nature. He questioned the necessity of allowing criminal courts to issue these orders, suggesting that it could lead to confusion, especially regarding related issues like child support and visitation rights.

In response, Representative Parkinson clarified that the bill does not address child support matters, which are handled separately. He reiterated that the legislation is focused solely on empowering judges in domestic violence and assault cases to issue protective orders without additional procedural hurdles.

The committee's discussions highlighted the complexities of the proposed legislation, particularly the potential overlap between civil and criminal jurisdictions. As the meeting concluded, it was clear that further deliberation would be necessary to address the concerns raised and to ensure that the bill effectively meets the needs of those seeking protection from domestic violence. The committee plans to continue reviewing the bill in future sessions.