Rep. Hawk's Ex-Wife Requests Protective Order Against Him
http://greenevillesun.com/Local_News/article/Rep-Hawks-Ex-Wife-Requests-Protective-Order-Against-Him-id-271654
Originally published: Last modified: 2009-04-01 12:10:13
The former wife of state Rep. David Hawk, R-5th, of Greeneville, has filed a Circuit Court petition requesting issuance of an "order of protection" against him.
The Ex Parte Order of Protection that Julia Hawk requested in her Tuesday, Aug. 9, petition was issued by Circuit Judge Ben Wexler that day and served on David Hawk later the same day, according to court records.
A hearing on the matter had been scheduled to begin in Greene County Circuit Court at 8:30 a.m. today, but was postponed to a date to be determined later because Judge Wexler has asked that another judge hear the case.
In her petition, Julia A. Hawk alleged that David Hawk had "stalked" her on Monday, Aug. 8, a day when she stated she had custody of the couple's four-year-old daughter.
The petition indicates that the actions she alleges he took on that day related at least in part to an apparent disagreement between Julia and David Hawk about custody arrangements involving their daughter.
In telephone interviews with The Greeneville Sun on Monday, David. Hawk strongly denied the allegation that he had in some way placed his former wife in danger...
Allegations Described
In her petition, Julia Hawk alleged that on Aug. 8, David Hawk would not let her leave the parking lot of EastView Elementary School in Greeneville by standing behind her car in the school's parking lot.
Later, Julia Hawk alleged, her former husband followed her to the Greene County Fair, from which he wanted to take the couple's 4-year-old daughter although Julia Hawk had been scheduled for "visitation" with the child "all day."
In the petition, Julia Hawk also alleged that on Aug. 8, David Hawk "made several scenes" at the fair "trying to provoke my fiance."
When she returned home with the couple's child on the evening of Aug. 8, Julia Hawk also alleged in the petition, she discovered David Hawk parked in a nearby parking lot inside a car that had its lights off.
The petition says she called the Greene County Sheriff's Department, which "sent a car out, but David left before they (sheriff's deputies) got there."
Petition's Requests
The petition for an order of protection, which was completed using a standardized form, asked that an "Ex Parte Order of Protection, as provided for in Tennessee Code Annotated Section 36-3-605, be immediately issued. . ."
The standardized language of the form directs "the respondent (David Hawk) to refrain from committing domestic abuse, stalking or sexual assault; or threatening to commit domestic abuse, stalking or sexual assault against the petitioner (Julia Hawk) or the petitioner's minor child(ren); prohibiting the respondent from telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly, or otherwise communicating with the petitioner for any purpose; and that copies of said order be served upon the respondent and filed with the local law enforcement agencies."
In addition, the petition asked that a hearing be set on the matter within 15 days.
Upon the holding of the hearing, the petition said, Julia Hawk asks that she be granted an "extended order of protection" for a period of one year.
In addition, Julia Hawk asked that, upon a hearing of the case:
* she be awarded "temporary custody of the parties' minor child";
* David Hawk be ordered to pay "reasonable support for the parties' child";
* David Hawk "be directed to attend available counseling programs that address violence and control issues or substance-abuse problems";
* David Hawk be "prohibited from owning, possessing, transporting or using a firearm or ammunition"; and
* David Hawk "pay the costs, attorney fees and litigation tax of this cause."
The order warns that willful violation of the order would constitute contempt of court and that potential penalties include up to 10 days in jail and a $50 fine for each violation.
Certified copies of the order were sent to the Greeneville Police Department and the Greene County Sheriff's Department on Aug. 10, according to court records
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