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9-15-206. Temporary order.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-206. Temporary order.
(a) When a petition under this chapter alleges an immediate and present danger of domestic abuse or that the respondent is scheduled to be released from incarceration within thirty (30) days and upon the respondent's release there will be an immediate and present danger of domestic abuse, the court shall grant a temporary order of protection pending a full hearing if the court finds sufficient evidence to support the petition.
(b) An ex parte temporary order of protection may:
(1) Include any of the orders provided in §§ 9-15-203 and 9-15-205; and
(2) Provide the following relief:
(A) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim;
(B) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim;
(C) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties;
(D) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards;
(E) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and
(F)(i) Order such other relief as the court considers necessary or appropriate for the protection of a family or household member.
(ii) The relief may include without limitation enjoining and restraining the abusing party from doing, attempting to do, or threatening to do an act injuring, mistreating, molesting, or harassing the petitioner.
(c) An ex parte temporary order of protection is effective until the date of the hearing described in § 9-15-204.
(d) Incarce
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:9-15-206
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: eb075c0aa4667b2f86773e5d7929dd283f44bc96ded065e7711cb0a225a16384
Source location: content.xml paragraph 9979
Stored source content
9-15-206. Temporary order.
(a) When a petition under this chapter alleges an immediate and present danger of domestic abuse or that the respondent is scheduled to be released from incarceration within thirty (30) days and upon the respondent's release there will be an immediate and present danger of domestic abuse, the court shall grant a temporary order of protection pending a full hearing if the court finds sufficient evidence to support the petition.
(b) An ex parte temporary order of protection may:
(1) Include any of the orders provided in §§ 9-15-203 and 9-15-205; and
(2) Provide the following relief:
(A) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim;
(B) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim;
(C) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties;
(D) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards;
(E) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and
(F)(i) Order such other relief as the court considers necessary or appropriate for the protection of a family or household member.
(ii) The relief may include without limitation enjoining and restraining the abusing party from doing, attempting to do, or threatening to do an act injuring, mistreating, molesting, or harassing the petitioner.
(c) An ex parte temporary order of protection is effective until the date of the hearing described in § 9-15-204.
(d) Incarceration or imprisonment of the abusing party shall not bar the court from issuing an ex parte temporary order of protection.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-203. Petition — Form.
(a) The circuit clerk shall provide simplified forms and clerical assistance to help petitioners with the writing and filing of a petition under this chapter if the petitioner is not represented by counsel.
(b) The petition form shall not require or suggest that a petitioner include his or her Social Security number or the Social Security number of the respondent in the petition.
(c)(1)(A) A petitioner may omit his or her home address or business address from all documents filed with the court.
(B) If a petitioner omits his or her home address, the petitioner shall provide the court with a mailing address.
(2) If disclosure of a petitioner's home address is necessary to determine jurisdiction or consider venue, the court may order the disclosure of the petitioner's home address:
(A) After receiving the petitioner's consent;
(B) Orally and in chambers, out of the presence of the respondent, and a sealed record to be made; or
(C) After a hearing, if the court takes into consideration the safety of the petitioner and finds the disclosure in the interest of justice.
(d) The petition may be in substantially the following form:
“Petition for Order of Protection Case No. Petitioner's home address: Petitioner Date of Birth Petitioner's work address: vs. Respondent's home address: Respondent Date of Birth, if known Respondent's work address: I am the petitioner and at least 18 years of age under 18 but emancipated. I am filing on behalf of myself. I am filing on behalf of a family or household member who is: a minor(s): (list) an adjudicated incompetent person: (list) The respondent is at least 18 years of age under 18 but emancipated. I am an employee or volunteer of a domestic violence shelter or program, and I am
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-15-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-204. Hearing — Service.
(a)(1) When a petition is filed pursuant to this chapter, the court shall order a hearing to be held on the petition for the order of protection not later than thirty (30) days from the date on which the petition is filed or at the next court date, whichever is later.
(2) A denial of an ex parte temporary order of relief does not deny the petitioner the right to a full hearing on the merits.
(b)(1) Service of a copy of the petition, the ex parte temporary order of protection, if issued, and notice of the date and place set for the hearing described in subdivision (a)(1) of this section shall be made upon the respondent:
(A) At least five (5) days before the date of the hearing; and
(B) In accordance with the applicable rules of service under the Arkansas Rules of Civil Procedure.
(2) If service cannot be made on the respondent, the court may set a new date for the hearing.
(c) This section does not preclude the court from setting an earlier hearing.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-15-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-205. Relief generally — Duration.
(a) At the hearing on the petition filed under this chapter, upon a finding of domestic abuse as defined in § 9-15-103, the court may provide the following relief:
(1) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim;
(2) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim;
(3)(A) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties.
(B)(i) If a previous child custody or visitation determination has been made by another court with continuing jurisdiction with regard to the minor children of the parties, a temporary child custody or visitation determination may be made under subdivision (a)(3)(A) of this section.
(ii) The order shall remain in effect until the court with original jurisdiction enters a subsequent order regarding the children;
(4) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards;
(5) Allow the prevailing party a reasonable attorney's fee as part of the costs;
(6) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order;
(7) Direct the care, custody, or control of any pet owned, possessed, leased, kept, or held by either party residing in the household; and
(8)(A) Order other relief as the court deems necessary or appropriate for the protection of a family or household member.
(B) The relief may include, but not be limited to, enjoining and restraining the abusing party from doing, attempting to do, o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-15-205. This identifies an authority to review, not proof of applicability.