APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT. NO. 60DR-13-2278. HONORABLE MACKIE M. PIERCE, JUDGE.
REVERSED AND REMANDED; COURT OF APPEALS' OPINION VACATED.
Dustin A. Duke, Center for Arkansas Legal Services, for appellant.
JIM HANNAH, Chief Justice. BAKER and GOODSON, JJ., concur. HART, J., concurs in part and dissents in part.
JIM HANNAH, Chief Justice
Appellant, Krystal Bohannon, appeals an order of protection entered against her and the denial of her posttrial motion to set aside that order. Bohannon originally appealed to the court of appeals, challenging the sufficiency of the evidence to support a finding of domestic abuse and contending that she was not afforded due process before the final order of protection was entered. The court of appeals affirmed the circuit court's decision. See Bohannon v. Robinson, 2014 Ark.App. 179. Bohannon then petitioned this court for review, and we granted the petition. We reverse and remand to the circuit court and vacate the court of appeals' opinion.
On June 4, 2013, appellee, Edward Robinson, filed a petition for an order of protection on behalf of his three-month-old son, A.R., against Bohannon, A.R.'s mother. Robinson alleged in the petition that A.R. was entitled to an ex parte order of protection because Bohannon was scheduled to be released from incarceration within thirty days, and upon Bohannon's release there would be " an immediate and present danger of domestic abuse" to A.R. Robinson alleged that Bohannon presented a threat of physical harm to A.R. because on June 1, 2013, Bohannon " had an accident with three children in the car and was arrested and taken to jail." Robinson also alleged that Bohannon had committed previous acts of domestic violence because " [o]n May 8th she was driving under the influence of drugs with [A.R.] and three other children in the car. She hit a pole and almost hit a gas pump. She was arrested and charged with four counts of child endangerment." On June 4, 2013, the circuit court entered an ex parte order of protection, effective until June 17, 2013, at 1:00 p.m. Bohannon was served with the petition and the order of protection on June 4, while she was in custody at the Jefferson County jail. The order awarded temporary custody of A.R. to Robinson, restrained Bohannon from committing any criminal act against A.R., prohibited Bohannon from initiating any contact with A.R., and ordered Bohannon to appear before the Pulaski County Circuit Court for a hearing on June 17, 2013, at 1:00 p.m.
Bohannon failed to appear at the hearing on June 17. Robinson appeared pro se and sought a permanent order of protection. He testified that Bohannon is his ex-girlfriend and A.R.'s mother. The following colloquy then took place between the court and Robinson:
The Court: Okay. And then - - let me look at the allegations again. She's had an accident with the children in the vehicle and was charged with four counts of child endangerment. Is that right?
Robinson: Yes. Well, she's pending a trial date. I don't know if they're going to charge her.
The Court: My file reflects that she was served on June 4th in the Jefferson County detention facility or jail. And she ...