Safeguarding Your Rights With Domestic Orders Of Protection
The Arkansas protective order lawyers at Robertson, Oswalt, Nony & Kennedy PLLC provide strong representation in cases involving domestic abuse, stalking and harassment occurring between family or household members. To obtain an emergency domestic order of protection in Arkansas, you may file a petition with the clerk of the circuit court. In addition, many jurisdictions now allow filing the petition electronically or via mail.
While law enforcement may assist with a safety plan and advocacy centers can provide help with the filing process, having legal counsel is vital for the hearing phase. If you have been wrongly accused of domestic abuse, our attorneys will diligently work to refute those claims and mitigate the legal consequences, such as impacts on your custody or firearm rights. Whatever your situation, you should not attempt to do it alone. Having an experienced attorney on your side can make a significant difference in the outcome. Contact us today to secure the experienced representation you need.
Domestic Orders Of Protection In Arkansas
If you are facing intense domestic conflict, whether you are being threatened or have been hurt, you can file for an order of protection to keep the abuser away from you and your children. The order can be temporary (usually up to 30 days) or permanent (up to 10 years), and may include the following provisions:
- The abuser must not go to your home, work, school, church or your children’s school or day care.
- There must be no contact between the two of you.
- Temporary financial support may be ordered for you while the OOP is in place.
- Temporary custody and child support may be ordered while the OOP is in place.
To get an order of protection, you must show a “preponderance of evidence” that the abuser has already been abusive to you or is causing you to deeply fear imminent physical harm. A single act of domestic abuse is sufficient to grant an order of protection under the Arkansas Domestic Abuse Act. At the hearing, you should have evidence and/or witnesses to prove that the abuse occurred or that the fear of harm is well-founded.
What Is The Difference Between A Domestic Order Of Protection And A No Contact Order?
Domestic orders of protection are typically issued when the parties are family members, partners, or currently or formerly romantically involved. A no contact order, may be used for protection from people with whom you have no relationship, such as strangers, acquaintances, neighbors, etc.
How Do You File A Domestic Order Of Protection?
You can work with a lawyer who will handle the procedural steps for you and ensure that the petition and affidavit are completed correctly. If you prefer to file on your own, you may do so by visiting the Circuit Clerk’s office in the county where you live, where the incident occurred, or where the respondent can be served. You will need to ask the circuit clerk for the paperwork.
Under Arkansas law, there is no initial filing fee for an order of protection, and you will not be charged for the service of the order on the respondent. Under state law, the clerk is required to provide the necessary forms to help you initiate the process.
Representing People Accused Of Family Abuse
If an order of protection is issued, you could lose your custody or visitation rights. You will also lose your right to possess a firearm. Get legal help from an experienced family law attorney today.
Many allegations of spousal abuse and family aggression arise when one party seeks to gain an advantage in a divorce or child custody dispute. If you have been served with a temporary (ex parte) order of protection, you should obtain legal representation.
What Happens If You Violate A Domestic Order Of Protection In Arkansas?
For a first offense, you may be subject to a fine of up to $1,000 and sentenced to up to a year in jail. Under certain circumstances, if you violate the order again within five years, you could be charged with a Class D felony, which means up to six years in prison and/or a possible $10,000 fine. You may also lose your right to own firearms. A judge may decide to extend the current order of protection as well.
Committed To Protecting Your Rights If You Are Accused
Was an Arkansas domestic protective order or no contact order filed against you? An attorney at our law firm can represent you in the domestic order of protection hearing. We can call witnesses who can present evidence in your favor. We can cross-examine witnesses to uncover their true motivations and to challenge their version of events. Our attorneys will work tirelessly to protect your rights and prevent the imposition of the order.
Representing People Seeking Arkansas Domestic Orders Of Protection
After a temporary order of protection is issued, a hearing will be scheduled concerning the issuance of a final order. At Robertson, Oswalt, Nony & Kennedy PLLC, we can represent you in this hearing in an effort to file an order of protection and obtain conditions that can provide protection for you and your family.
For a consultation with an experienced no contact order, attorney, contact us online or call us at 501-588-4451 today. From our office in Little Rock, we represent clients throughout Central Arkansas.