FROM THE LONOKE COUNTY CIRCUIT COURT [NO. 43DR-18-212]
HONORABLE JASON ASHLEY PARKER, JUDGE
C. Allen, for appellant.
WAYMOND M. BROWN, JUDGE
a one-brief appeal from the circuit court's denial of
appellant's motion to set aside its permanent order of
protection. On appeal, appellant argues that the circuit
court erred in (1) determining that service of the notice of
hearing was sufficient and (2) finding that there was
sufficient evidence to grant the order of
protection. We affirm.
March 19, 2018, appellee filed a petition for order of
protection from appellant. In her accompanying affidavit,
appellee asserted that two weeks prior, appellant had drugged
and raped her, that she had filed a police report, and she
was "scare [sic] for [her] life [appellant] [sic] said
he would kill [her] if [she] told any one [sic]." The
circuit court entered an ex parte order of protection that
same date, effective until April 16, 2018, the date upon
which a hearing had been set.
counsel entered an appearance on April 12, 2018. He also
filed a motion for continuance on that date, asserting a
scheduling conflict with a previously scheduled matter in
another county. In granting the continuance motion, the
circuit court entered an amended ex parte order of protection
effective until the new hearing date on May 14, 2018. The
amended order was electronically filed on April 13, 2018.
appellant nor his counsel appeared at the May 14, 2018
hearing. The circuit court made these findings at the
COURT: Okay. Well, let me just take care of -- it was
originally set for April 16th. Mr. Shepard hired an attorney.
He was -- it conflicted with his schedule. I believe we got a
hold of you and let you know it was reset.
COURT: -- to today's date. His attorney was Mr. Allen who
filed that motion. I entered a new order resetting that
matter for today's date. He and his attorney have not
appeared so I will let you proceed. The hallway has been
sounded. Was there an answer for Mr. Shepard?
THE BAILIFF: No response.
THE COURT: All right. He was served. His attorney filed the
continuance by eFiling. The Court filed an -- a order by
eFiling granting the continuance.
circuit court then allowed appellee to testify regarding what
appellant had "done to make [her] fearful for [her] life
or what he's done to make threats against [her] or acts
of violence that he's committed against [her]." In
its entirety, appellee's testimony was as follows:
He raped me and he stuck a gun to my head and I -- just other
threats and stuff. He hasn't bothered me since the order
of protection though, but I'd like to keep it. Because
I'm fixing to have a real major surgery after today. And
I see like a red truck, because he drives a red truck, and I
panic all of the time and I have to see therapy about it.
This has been turned over to the ...