Jacqueline G. Furlong v. Kevin Keane Furlong

Kevin Keane Furlong (“Husband”) is the estranged husband of Jacqueline G. Furlong(“Wife”). Wife secured an order of protection in Sevier County that generally prohibits Husband from committing any untoward act against Wife and having any contact with her. As later amended in the Knox County Circuit Court (“the trial court”), the order also states that Husband could come to the marital residence to repair Wife’s automobile. In addition, the court identified two dated time periods, and, with respect to each period, specified which of the parties would have the use of the “inside” of the marital home and when they would have that use, and which would have the use of the “outside,” i.e., presumably the parties’ realty surrounding the house, and when. When Husband came to the residence to repair Wife’s automobile at 7:10 p.m., which, according to the order of protection, was arguably ten minutes beyond the time within which the vehicle was to be repaired, Wife filed a motion asking that he be held in contempt for not repairing the vehicle and for coming about her outside the allowed time frame. The trial court held Husband in criminal contempt, sentenced him to ten days in jail, and extended the order of protection for five years. He was not to be released from jail unless and until he complied with a statute requiring him to post a bond in the minimum amount of $2,500. He served his sentence and obtained a stay of the bond requirement pending appeal. Husband appeals challenging the finding of contempt as well as the constitutionality of the statutory bond requirement. The Tennessee Attorney General ade an appearance on appeal to support the constitutionality of the statute. We reverse, in its entirety, the last order of protection and judgment of criminal contempt entered by the trial court on November 23, 2010. It is held for naught. In view of our reversal, we do not find it necessary or appropriate to reach the constitutional issues.