| Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas. |
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on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
| PRACTICE AREAS |
Domestic Abuse and Orders of Protection
The Arkansas Domestic Abuse Act allows victims of domestic abuse to petition the
court in the county where the petitioner resides for an order of protection from the
offender. An order of protection prohibits all contact between the offender and victim
of domestic abuse. The petition can be filed by the victim of domestic abuse, or by any
adult family or household member on behalf of a child or incapacitated family member
in the home who is the victim of domestic abuse. It can also be filed by an employee or
volunteer at a domestic-violence shelter.
The petition is a form that can be filled out at the prosecuting attorney's office or circuit
clerk's office. Many times, domestic abuse shelters have these forms on hand as well.
Once filed, a copy will be taken to a judge who will review the petition and do any
number of things. Depending on the circumstances, the judge may issue an "ex parte
order of protection" which prevents the offender from having any contact with the
victim pending a final hearing thirty days later. Some judges may issue an ex parte no
contact order which does roughly the same thing. If the petition does not suggest
immediate danger, the Court may simply set the matter for a hearing thirty days later.
This process is usually completed without an attorney.
Both the offender and the victim have the right to an attorney at a final hearing on the
matter. The court will hear testimony and review evidence before it. If the court finds
that domestic abuse has occurred, it can exclude the offender from the home and work
place of the victim, make child custody orders pending a final order in a divorce, order
child support or spousal support if it is warranted, order one party to pay the other's
attorney fees; and/or prohibit all contact between the parties for as little as 90 days or as
long as 10 years. If any party violates the order of protection, they are guilty of a Class
A Misdemeanor for the first offense and a Class D Felony for all subsequent offenses.
The offender can also be held in contempt of court.
Domestic violence is a serious problem, and an order of protection is designed to
prevent and protect victims from future domestic violence and abuse. An order of
protection is not designed as a means to get custody of children outside of the divorce
process, and persons should not seek orders of protection without actual domestic
violence occurring. The Bryant Firm has experience in prosecuting and defending
against orders of protection. Call us today for assistance with your domestic violence
case.
court in the county where the petitioner resides for an order of protection from the
offender. An order of protection prohibits all contact between the offender and victim
of domestic abuse. The petition can be filed by the victim of domestic abuse, or by any
adult family or household member on behalf of a child or incapacitated family member
in the home who is the victim of domestic abuse. It can also be filed by an employee or
volunteer at a domestic-violence shelter.
The petition is a form that can be filled out at the prosecuting attorney's office or circuit
clerk's office. Many times, domestic abuse shelters have these forms on hand as well.
Once filed, a copy will be taken to a judge who will review the petition and do any
number of things. Depending on the circumstances, the judge may issue an "ex parte
order of protection" which prevents the offender from having any contact with the
victim pending a final hearing thirty days later. Some judges may issue an ex parte no
contact order which does roughly the same thing. If the petition does not suggest
immediate danger, the Court may simply set the matter for a hearing thirty days later.
This process is usually completed without an attorney.
Both the offender and the victim have the right to an attorney at a final hearing on the
matter. The court will hear testimony and review evidence before it. If the court finds
that domestic abuse has occurred, it can exclude the offender from the home and work
place of the victim, make child custody orders pending a final order in a divorce, order
child support or spousal support if it is warranted, order one party to pay the other's
attorney fees; and/or prohibit all contact between the parties for as little as 90 days or as
long as 10 years. If any party violates the order of protection, they are guilty of a Class
A Misdemeanor for the first offense and a Class D Felony for all subsequent offenses.
The offender can also be held in contempt of court.
Domestic violence is a serious problem, and an order of protection is designed to
prevent and protect victims from future domestic violence and abuse. An order of
protection is not designed as a means to get custody of children outside of the divorce
process, and persons should not seek orders of protection without actual domestic
violence occurring. The Bryant Firm has experience in prosecuting and defending
against orders of protection. Call us today for assistance with your domestic violence
case.
Domestic Abuse Links
Northwest Arkansas Women's Shelter
Peace at Home Family Shelter
Children's Advocacy Center
Children's Safety Center
CASA of Northwest Arkansas
Northwest Arkansas Women's Shelter
Peace at Home Family Shelter
Children's Advocacy Center
Children's Safety Center
CASA of Northwest Arkansas
| The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756 Ph: (479)633-8994 | Fax: (479)633-8997 All rights reserved. (c) The Bryant Firm, 2011. |
| Joshua S. Bryant Attorney at Law THE BRYANT FIRM, P.A. 9 Halsted Circle Rogers, AR 72756 (479)633-8994 Fax: (479)633-8997 |