Appellant Brian Claver appeals the two-year order of protection entered against him on April 26, 2007, which

Question:

Appellant Brian Claver appeals the two-year order of protection entered against him on April 26, 2007, which directed him to refrain from contact with appellee Misty Wilbur's minor daughter, S.W., until April 27, 2009, or face a penalty of one-year imprisonment in the county jail or a fine of \(\$ 1,000\), or both. On appeal, he argues that the entry of the protective order was erroneous and unsupported by the evidence. We agree; accordingly, we reverse and dismiss. On April 4, 2007, appellee filed a petition and accompanying affidavit on behalf of her then sixteen-year-old daughter, S.W., seeking an order of protection against appellant, who was then twenty years old. The petition alleged that, over the preceding six years, appellant had physically, emotionally, and sexually abused and manipulated S.W. Appellee asserted in the petition that appellant had picked S.W. up from school on two occasions without parental permission. She further alleged that appellant aided S.W. in obtaining an abortion and that some forty-two days subsequent to the initial abortion, he purchased the morning-after pill and gave it to S.W. for the purpose of terminating a second pregnancy. Appellee detailed in her affidavit how appellant had called S.W. names including "slut," "whore," and "b** \(\mathrm{h}^{*}\) " and encouraged S.W. to sneak out of the family's house. Based upon the petition and affidavit, an ex parte order of protection was issued on April 4, 2007, and a hearing was scheduled for April 26, 2007. At the hearing on the petition, the circuit judge asked each of the parties a brief series of questions from the bench. Appellee specifically testified that appellant was seeing S.W., her sixteen-year-old daughter, and encouraging S.W. to sneak out because appellee tried to stop contact between them. Appellee also testified that S.W. had become pregnant and that she believed appellant bought S.W. the morning-after pill....

Questions:

1. Is there any way that the trial court's decision to issue the restraining order can be reconciled with the Arkansas domestic violence statute?
2. If the appellee had provided evidence in support of her claim that she feared for the safety and welfare of her daughter, do you think the court would have had the authority to issue the restraining order?
3. If so, what should the result have been if the daughter objected to the issuance of the order?

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Family Law For Paralegals

ISBN: 9780735563827

7th Edition

Authors: J. Shoshanna Ehrlich

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