ASHLEY EVANS v. NIGEL M. REID - Articles

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ASHLEY EVANS v. NIGEL M. REID

Posted by: Tanja Trezise on Jun 19, 2014

Court: TN Court of Appeals

Attorneys 1:

Nigel M. Reid, Morristown, Tennessee, appellant, pro se.

Attorneys 2:

No appearance by or on behalf of the appellee, Ashley Evans.

Judge(s): SUSANO

At an earlier time, Ashley Evans (“the petitioner”) filed a petition against Nigel M. Reid (“the respondent”) seeking an order of protection. The trial court dismissed the petition due to “[in]sufficient cause.” In the same order, however, the court found “proof of the need of a restraining order.” Accordingly, the court restrained the respondent from coming about, calling or harassing the petitioner or her family. Several years later, the respondent asked the court to void the restraining order, which, on its face, was still in effect. The court refused. The respondent appeals. We reverse the trial court and hold that (1) the trial court was without jurisdiction to issue the restraining order and (2) the restraining order is, consequently, null and void.

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