Order of Protection Vacated Due to Failure to Get Timely Service

Order of Protection Vacated Due to Failure to Get Timely Service

Under the Arkansas Order of Protection statute, a respondent (i.e., the alleged abuser) must be served with the petition, temporary order of protection, and notice of hearing at least five days before the hearing. See Ark. Code Ann. § 9-15-204(b)(1)(A). However, in Miller v. Brown, 2025 Ark. App. 189, a recent decision of the Arkansas Court of Appeals, the respondent was served only two days before the hearing.

Nonetheless, the circuit court granted the petition. The Court of Appeals reversed, stating, “Because Miller was not served at least five days before the date of the hearing as required by statute, the circuit court was without authority to act, and the order is void. Therefore, we vacate the order of protection.” 

Slip Op. at 3.

Often, respondents who have not been properly/timely served nonetheless decide to attend the hearing out of a desire to simply get the matter over with.

However, because Miller had not attended the hearing, he never waived his right to proper service. This case is a reminder that, regardless of the nature of the allegations, all parties are entitled to the notice required by law, and addressing potential procedural issues can be an extremely effective way of responding to a case.

Those seeking or Order of Protection or defending against a request for one, reach out to an attorney who knows the court system for help:

Contact our firm today to schedule a free consultation with an experienced  lawyer in your area.