When family advocates talk about domestic assault, they mention one crucial period fraught with danger.
“The most dangerous time for any individual in a domestic violence situation is when they’re about to leave,” said Carmen Hutson, director of crisis services at the Partnership for Families, Children and Adults.
One organization hopes that changing the way divorce filings are made public could help protect spouses at their most vulnerable: when they’re trying to get out.
Last month, the Tennessee Bar Association announced it will pursue legislation that would allow more time between when a person files for divorce and when their divorce filing is published. Tennessee law now does not provide enough time for abused spouses to create an escape plan and file other necessary documents, such as an order of protection against an abuser, before that abuser can find out about the divorce proceeding, said Alan Ramseur, bar association president.
“She’s getting out, but she hasn’t thought about the fact that he may find out about the divorce having been filed before she can get out,” Ramseur said.
Ramseur said his organization will work to draft legislation and find sponsors. They’re mindful of the need to honor open records laws too, he said, and will consult with various press associations to respect those laws.
Tennessee ranks 10th in the nation in the number of women killed by men, according to a report on 2012 homicide data released by the Violence Policy Center this year. Most of those women were killed by someone they knew, and the majority were in a relationship with their offender.
Experts say notice of a divorce could set an abuser off.
“That’s the time when the abusing spouse is losing control, and domestic violence is about power and control. That’s the time when they’re losing the most control, and they get really desperate,” Hutson said.
The Partnership works with the abused spouse to create an escape plan and a network of trusted friends and family, Hutson said.
From a legal standpoint, prosecutors say it makes sense.
“It’s just brilliant legislation, as far as I’m concerned,” said Darren Gibson, an assistant district attorney in Hamilton County who exclusively prosecutes domestic violence cases.
Gibson said he’s seen how potentially dangerous an abusive relationship can be when someone tries to leave.
General Sessions Judge Christie Mahn Sell, a former divorce attorney who campaigned on a platform that highlighted her work against domestic violence, said she liked the idea but didn’t think it went far enough. She’d like to see divorce filings sealed completely and opened by request.
“It’s a great first step, but I think it needs to go further than that,” Sell said.
Contact staff writer Claire Wiseman at cwiseman@timesfreepress.com. Follow her on Twitter @clairelwiseman.