Fayetteville Domestic Violence Lawyer

If you are facing a domestic violence accusation, the courts may act quickly. You could face court hearings, orders of protection, and criminal penalties. Partnering with a Fayetteville domestic violence lawyer can help you respond appropriately and protect your rights.

At Bundy Law, we represent people all over Fayetteville and Northwest Arkansas who are served with petitions for orders of protection and other accusations. Given that the outcome of these proceedings can impact your custody, housing, employment, and firearms rights, an immediate and strategic response is crucial.

Hire a Domestic Violence Lawyer

Bundy Law represents clients in domestic violence charges, protective orders, and related family law cases in Fayetteville and all of Washington County. Aaron Bundy is a Fellow of the International Academy of Family Lawyers and the American Academy of Matrimonial Lawyers, which allows him to handle Hague cases.

These awards are granted to trial lawyers who have significant experience in extremely high-conflict cases. The Fayetteville family law attorneys at Bundy Law aggressively represents clients in contested protective order cases, as well as related child custody issues, in Washington County Circuit Court.

Responding to a Petition for an Order of Protection in Washington County

When a petition for an order of protection is filed in Washington County Circuit Court, a temporary order may be issued before a full hearing takes place. The accused party has the right to receive notice, appear in court, and present evidence in response to the allegations. Domestic violence cases carry significant legal consequences.

The CDC’s National Intimate Partner and Sexual Violence Survey reports that 40.8% of women and 34.8% of men in Arkansas have experienced intimate partner physical or sexual violence during their lifetime. While these numbers are reflective of statewide reported incidents, the facts and evidence of each protective order hearing must be evaluated on a case-by-case basis.

Consequences of a Final Order of Protection

A final order for protection is issued by the Washington County Circuit Court. Final orders for protection can carry significant legal consequences. Under Ark. Code § 9-15-205, the court may issue a no-contact order with the petitioner, order a party out of a shared residence, order a firearms restriction, and make temporary orders of custody and visitation.

A final order can remain in effect for up to ten years. Protection orders are a public record. Some protection orders can also create firearm restrictions under federal law 18 U.S.C. § 922(g). Protection orders may also be taken into account when making decisions about employment, professional licenses, and housing.

A full hearing on the petition is typically held within 30 days of the petition being filed, so it is important to begin working on a strong defense as soon as possible.

Impact of Domestic Violence Allegations on Custody

In some cases, a domestic violence accusation can immediately affect an Arkansas parent’s rights to custody and parenting time. One factor is whether the best interests of the child standard should be altered due to a protective order, a past incident, or other testimony.

This can come into play even during temporary orders, which also may affect a custody proceeding. Since these issues often overlap with divorce or modification actions, it is sometimes necessary to coordinate the defense of the protective order and the custody litigation.

Challenging Evidence and Defending Against Allegations

In a protective order hearing, evidence typically consists of witness testimony, a written affidavit, and some documentary evidence, such as text messages or emails. The respondent has the right to introduce evidence, cross-examine witnesses, and challenge the credibility of the allegations.

Conflicting timelines, a lack of corroborating evidence, or incomplete presentation of communications may be significant in the court’s evaluation of credibility. A thorough and direct response to the allegations may also be impactful on subsequent family law cases.

FAQs

How Common Are Domestic Violence Allegations in Arkansas?

Domestic violence allegations are not uncommon in Arkansas. Per the CDC’s National Intimate Partner and Sexual Violence Survey, an estimated 585,000 women in Arkansas have suffered from contact sexual violence during their lifetime. Although the data gives us an idea of how prevalent reported violence is in the state, each Washington County Circuit Court Protective Order case must be decided on its own facts and evidence.

Can Text Messages or Social Media Be Used in a Protective Order Case?

Text messages, emails, and social media posts can all be presented as evidence at a protective order hearing. Screenshots, timestamps, and context may all be considered by the court. Electronic communications can be partial or taken out of context, so thorough review and authentication of digital evidence can affect how the Washington County Circuit Court views credibility.

What Is the Burden of Proof in an Arkansas Order of Protection Case?

In Arkansas, the petitioner has the burden of proving the allegations by a preponderance of the evidence. The court must find that it is more likely than not that domestic abuse has occurred. The respondent has the right to rebut that evidence by way of testimony, documents, and cross-examination. The judge must determine whether the legal standard has been satisfied based on the evidence.

Can False or Exaggerated Allegations Be Addressed in Court?

Accusations in a petition for an order of protection may be contested at the hearing. The respondent can present evidence to the contrary, present witnesses, and question any inconsistencies in the petitioners’ story. Fayetteville courts consider the credibility of the parties and evidence presented before issuing a final order. Uncorroborated or inconsistent testimony may be viewed with suspicion.

Contact a Fayetteville Domestic Violence Lawyer

Being charged with domestic violence in Fayetteville can have both immediate and long-term legal consequences. Protective order hearings are expedited, and the results can impact your custody rights, housing, employment, and reputation. With so much at stake and considerable limitations often imposed, it’s important to be prepared and strategic in presenting evidence and argument to the court.

At Bundy Law, we represent clients throughout Washington County who are seeking to dissolve orders of protection and those who are responding to petitions for orders of protection. If you have been served with a temporary order or a notice of hearing, give us a call to schedule a consultation. We can explain the process, review your options, and help you prepare a defense that is effective under Arkansas law. Hire a Fayetteville domestic violence attorney you can trust today.