Clarksville, AR asked in Criminal Law, Divorce, Family Law and Domestic Violence for Arkansas

Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.

I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a judge and how long does it take? I was granted an ex parte order of protection and possession of the house. Found out through court connect. Should I go in the morning to pick up the paperwork? What next?

1 Lawyer Answer

A: The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of domestic abuse when s/he is released.

Whether or not you get a temporary order of protection, the clerk will tell you when to come back for your court hearing, within 30 days (assuming your case is not dismissed for some reason). The clerk should write down when and where your hearing will be on the copies of your court forms.

See, Ark. Code § 9-15-103(a)

By your description, it sounds like you applied and the Court did not issue the Temporary Protection Order. In that case, you and your husband have equal access to your home.

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