Cell Phone Access Law

Legislature Passes Cell Phone Access Law in Domestic Violence Cases

On April 3, 2018, the TN legislature officially passed House Bill 2033. This law allows victims of domestic abuse to request a court grant access to the victim’s cell phone plan. Even if they are not the account holder. The passing of this cell phone access law is paramount in assisting domestic violence victims.

Rep. Jim Coley introduced the bill. It allows a victim of domestic violence to ask the issuing court to direct the victim’s phone company to transfer billing responsibility and account rights to the victim. Even when that victim is not the account holder. The victim may ask for such an order when initially seeking an Order of Protection or when making a separate request of the court.

If granted, the Court will order the victim’s phone service provider to transfer account responsibility to the victim of the victim’s phone number. And the phone numbers of any minor children in the victim’s care. Once transferred, the victim gains all rights of the account holder but is responsible for the payment of the account.

Presumably, the legislature’s intent in enacting this law was to enable victims of domestic violence to gain control over their cell phone accounts. When the alleged abuser is the primary account holder. Also, the law should help domestic violence victims by making it easier for such victims to cancel an existing phone number. Then get a new phone number to prevent unwanted contact from the abuser.

The bill passed unanimously in the House of Representatives this week. The bill had previously passed unanimously in the Senate in February.

According to 2016 Tennessee Bureau of Investigation statistics, 78,100 domestic violence incidents were reported to Tennessee law enforcement agencies. If you are a victim of domestic violence, you have options. Contact the National Domestic Violence Hotline at 1 (800) 799-7233 or your local law enforcement agency.

If you seek legal representation regarding divorce or child custody in conjunction with a domestic violence matter. Please contact the attorneys of Kane & Crowell Family Law Center at https://www.kane-law/contact-us/ or (615) 784-4800.