APPEAL FROM THE UNION COUNTY CIRCUIT COURT. NO. DR-2012-0558-2. HONORABLE MICHAEL R. LANDERS, JUDGE.
Mary Thomason, for appellant.
PPGMR Law, PLLC, by: Brian H. Ratcliff, for appellee.
BILL H. WALMSLEY, Judge. HARRISON and GRUBER, JJ., agree.
BILL H. WALMSLEY, Judge
Appellant Ralph Shane Calaway appeals from the Union County Circuit Court's denial of his motion to modify an
order of protection involving appellee, Tara Fallen Crotty. Calaway argues that the trial court clearly erred in denying the modification. We affirm.
In an order of protection entered on November 2, 2012, Calaway was ordered to stay away from Crotty, her two minor children, and other members of her family. The order reflects that Calaway had a past dating relationship with Crotty, that he possessed a firearm, and that he had a history of extreme violence. The order was effective for a period of three years. Neither party appealed from the order.
Arkansas Code Annotated section 9-15-209 (Repl. 2009) provides that any order of protection issued by the circuit court pursuant to a petition filed as authorized in this chapter may be modified upon application of either party, notice to all parties, and a hearing thereon.
On December 10, 2013, Calaway filed a motion for modification seeking to remove certain language from the order of protection and to limit its duration to six months, which is what Crotty had initially requested. Calaway further sought to include a provision permitting him to possess firearms and to hunt because Crotty did not allege physical abuse or a threat of physical abuse involving a firearm. Crotty opposed Calaway's motion and pointed out that he did not appeal from the order and that circumstances had not changed.
At a hearing held on February 4, 2013, Crotty conceded that Calaway had not violated the November 2012 order of protection. Crotty testified, however, that she wanted the order of protection to continue because " [t]hat's the only thing that has worked so far, me asking him to stay away didn't work. My dad telling him to stay away didn't work. This is the only thing that's worked." Crotty stated that prohibiting Calaway from possessing firearms was important because " [firearms] are such a big part of who he is. [Calaway] has a temper." Crotty expressed her fear that Calaway would use a firearm against her and added that she did not think Calaway was " going to let this go." Crotty further testified, " Do I think he's going to get me back, oh, yeah, I do."
Calaway testified that he had never committed any criminal act against Crotty or her children and that he had never threatened them with a firearm or otherwise. Calaway testified that, since the November 2012 order of protection was entered, he had seen Crotty at Bugs, Bikes, and Bands, an event held downtown, and that he had walked to the other side of the property to avoid her and left the event when he saw her a second time. Calaway testified that he collected old guns and had a hunting camp. He stated that he owned twenty to thirty guns but had sold them to his brother who lived in another state. Calaway conceded that the guns were kept at the home of a friend in Union County. Calaway testified that he had ...