The Urgent Need for Survivor Protections in HB 315
As an organization dedicated to the safety and empowerment of survivors of intimate partner violence and human trafficking, Operation Safe Escape strongly urges the Tennessee legislature to reconsider the dangerous implications of HB 315, the Tennessee Covenant Marriage Act. While the bill’s stated intent may be to reinforce the institution of marriage, its provisions create serious and life-threatening risks for survivors of domestic abuse.
Domestic violence is not limited to physical or sexual abuse—it encompasses a wide range of coercive tactics, including psychological manipulation, financial control, and emotional abuse. HB 315, as currently written, fails to recognize these realities and instead imposes severe restrictions on divorce, mandates counseling even in abusive situations, and lacks critical safeguards to prevent survivors from being coerced into restrictive marital agreements. Without significant revisions, this bill will effectively trap survivors in dangerous relationships, deepen their dependence on abusers, and increase the risk of serious harm or even death.
To ensure that HB 315 does not become a tool for abusers, we urge lawmakers to incorporate the following critical protections into the bill. These revisions will help mitigate the risk of survivors being forced into or remaining in abusive marriages without viable options for escape.
1. Expand the Definition of Abuse in the Bill
- Current Concern: HB 315 narrowly defines abuse as only physical or sexual violence, ignoring psychological, emotional, financial, and coercive control tactics.
- Suggested Action: The bill should be amended to recognize a broader definition of abuse, including coercive control, financial abuse, and emotional abuse, in alignment with modern domestic violence laws and research.
2. Explicitly Prohibit Mandated Counseling in Abuse Cases
- Current Concern: Joint counseling is often weaponized by abusers and can further endanger survivors.
- Suggested Action: The bill should include an explicit exemption for survivors of domestic abuse, ensuring that they are not forced into counseling with their abuser.
3. Ensure Survivors Can Exit Covenant Marriages Without Excessive Legal Barriers
- Current Concern: The bill’s restrictive divorce provisions could trap survivors in abusive marriages.
- Suggested Action: Survivors of any form of abuse, including coercive control, stalking, and financial manipulation, should have the right to dissolve the marriage without additional hurdles, such as waiting periods or court-ordered counseling.
4. Strengthen Protections Against Coerced Entry Into Covenant Marriages
- Current Concern: Abusers often control financial and legal decisions, coercing survivors into restrictive agreements.
- Suggested Action: Require independent, informed consent measures before entering a covenant marriage, including:
- A mandatory screening process to assess coercion.
- Separate legal counsel (paid for by the state if necessary) to ensure both parties are making an informed decision.
- An opt-out period (e.g., 30 days) where one party can void the agreement without the other’s consent.
5. Include Economic Protections for Survivors
- Current Concern: Restricting divorce may deepen financial abuse, leaving survivors trapped.
- Suggested Action: Include emergency financial relief options for survivors seeking divorce, such as:
- Waived court fees for survivors filing for divorce.
- Temporary financial assistance programs.
- Legal aid access to help survivors navigate the system.
6. Add Protections for Survivors Seeking Restraining Orders
- Current Concern: Abusers may use the restrictive marriage framework to challenge or delay restraining orders.
- Suggested Action: Ensure that protective orders supersede any covenant marriage restrictions, allowing survivors to legally separate and receive necessary protection immediately.
Protecting Survivors and Strengthening Justice
Any legislation concerning marriage and divorce must prioritize the safety and autonomy of all individuals, especially those at risk of domestic violence. Without the proposed amendments, HB 315 will do more harm than good, creating legal barriers that will disproportionately impact survivors—individuals who already face enormous hurdles when trying to leave an abusive relationship.
Tennessee has the opportunity to lead with compassion and justice, ensuring that no survivor is trapped in a legally sanctioned cycle of abuse. We urge lawmakers to revise HB 315 to reflect modern understandings of domestic violence, acknowledge the risks of coercion, and provide survivors with the legal pathways necessary to secure their safety and independence.
Domestic violence should never be excused, minimized, or legislated into permanence. We stand ready to assist in shaping policies that truly protect survivors and would welcome the opportunity to discuss these concerns further. Thank you for your time and commitment to ensuring that Tennessee remains a state that prioritizes the safety and well-being of its most vulnerable residents.
https://www.mcleanhospital.org/essential/domestic-violence
https://www.un.org/en/coronavirus/what-is-domestic-abuse
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