Can a TN judge force a non-disparagement clause if we have no children?

[Diary]

What is the name of your state?

 

[Diary]

What is the name of your state?

Tennessee

 

[cbg]

So you want the right to disparage your ex? It's okay with you if your ex disparages you?

 

[quincy]

Yes. A judge can order that parties do not disparage each other. Settlement agreements often contain non disparagement and confidentiality clauses.

Having children has nothing to do with the inclusion of the clause in a settlement agreement.

That said, nondisparagement clauses can be hard to enforce if breached. There should be demonstrable damages if one wishes to sue.

 

[Diary]

So you want the right to disparage your ex? It's okay with you if your ex disparages you?

No. His fear is that I will contact his professional licensing board with willful rule and regulation violation documentation and contact state and federal agencies with proof of willful criminal activity. His lawyer said as much as the reason they are pushing me for this and threatening to get it from the judge under the guise of me being spiteful and trying to ruin him by any means possible. It's been six months since the separation. If I were spiteful, I would have already done it. I am not scared of going to trial; he is, though, because all of this will come out in front of the judge.

 

[quincy]

Non disparagement clauses do not prevent someone from reporting a crime.

 

[Diary]

Non disparagement clauses do not prevent someone from reporting a crime.

I know. His lawyer tried to trick me into an agreement that I would not "initiate contact" with any of his friends, family, or employers--past or present- or any investigative agencies. He is terrified of them learning the truth about him. I told my lawyer to tell his lawyer they can go fly a kite.

 

[quincy]

I know. His lawyer tried to trick me into an agreement that I would not "initiate contact" with any of his friends, family, or employers--past or present- or any investigative agencies. He is terrified of them learning the truth about him. I told my lawyer to tell his lawyer they can go fly a kite.

Well, then. That is that. It does not appear a settlement will be easy.

 

[bcr229]

If your ex has committed crimes why would you not have reported them already to the appropriate authorities?

 

[Diary]

If your ex has committed crimes why would you not have reported them already to the appropriate authorities?

That's the big question mark hanging in the air. When you live with an abuser who threatens to kill you if you tell, you don't do it while in the marriage. When finally separated, it becomes a real possibility. Have I already told or not? Maybe, maybe not. I will let him and his lawyer keep sweating it.

 

[quincy]

That's the big question mark hanging in the air. When you live with an abuser who threatens to kill you if you tell, you don't do it while in the marriage. When finally separated, it becomes a real possibility. Have I already told or not? Maybe, maybe not. I will let him and his lawyer keep sweating it.

I should mention that there is the possibility of contempt of court if the issues between you and your husband cannot be settled without a trial and the judge orders no contact with, and no disparagement of, the other party.

Again, as with a settlement agreement where a non disparagement clause is one of the terms of settlement, the judge's order will not prevent parties from reporting crimes.

One other note: The most dangerous time for someone who has been abused can be the time when the one abused is leaving the abusive relationship. Make sure you are careful.

 

[Zigner]

If the judge makes such an order, it only applies going forward. In other words, we can assume that you haven't contacted the authorities to report crimes, otherwise you wouldn't even worry about asking...

 

[Diary]

The whole notion makes me mad. My experiences with this man are surreal on so many levels. I really would consider writing a book on the whole ordeal, but such an order would squash any hope of that.