Arkansas Law

§ 9-15-206. Temporary order.

(a) When any 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, and the court finds sufficient evidence to support the petition, the court shall grant a temporary order of protection pending a full hearing.

(b) An ex parte temporary order of protection may include any or all of the orders provided for in §§ 9-15-201 and 9-15-203.

(c) A temporary order of protection shall be effective for a fixed period not to exceed thirty (30) days.

(d) When a temporary order is issued as authorized in this section, a hearing shall be set for no later than thirty (30) days from the issuance of the temporary order.

(e) Upon the issuance of an ex parte temporary order, a copy of the order together with a copy of the petition, excluding, pursuant to court order, the address of the petitioner and notice of the date and place set for the full hearing shall be served in accordance with applicable rules of service under the Arkansas Rules of Civil Procedure.

(f) Incarceration or imprisonment of the abusing party shall not bar the court from issuing an order of protection.

(g)(1)(A) A petitioner may omit his or her home or business address from all documents filed with the court.

          (B) If a petitioner omits his or her address, the petitioner must provide the court with a mailing address.

     (2) If disclosure of a petitioner's address is necessary to determine jurisdiction or consider venue, the court may order the disclosure be made:

         (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 such disclosure in the interest of justice.

History. Acts 1991, No. 266, § 6; 1997, No. 895, § 2; 1999, No. 662, § 3; 1999, No. 1551, § 3.