Rachel Herndon v. Tyleek Matthews

── Rachel Herndon v. Tyleek Matthews ── Court: Court of Appeals of Arkansas Date: April 01, 2026 Category: General Cite as 2026 Ark. App. 211 ARKANSAS COURT OF APPEALS DIVISION III No. CV-25-251 Opinion Delivered April 1, 2026 RACHEL HERNDON APPEAL FROM THE PULASKI APPELLANT COUNTY CIRCUIT COURT, SEVENTEENTH DIVISION V. [NO. 60DR-25-172] TYLEEK MATTHEWS HONORABLE BRENT EUBANKS, JUDGE APPELLEE REVERSED KENNETH S. HIXSON, Judge Appellant Rachel Herndon was awarded a one-year order of protection against appellee Tyleek Matthews. Tyleek does not appeal from the order of protection. Rather, in the order of protection, the trial court awarded Tyleek visitation rights with Rachel’s son, MC. Rachel appeals from the provision in the order of protection awarding Tyleek alternating-weekend visitation with MC. Rachel argues that the trial court erred in awarding Tyleek visitation because Tyleek’s paternity has never been adjudicated, overnight visitation with Tyleek was not in the child’s best interest, and her due-process rights were violated because she was not on notice that visitation would be an issue at the hearing on her petition for an order of protection. We reverse the award of visitation in the order of protection.  On January 14, 2025, Rachel filed a petition for an order of protection against Tyleek on behalf of herself and her son, MC, born on 11/10/23. The petition stated that the parties have a child in common, MC, and alleged that there was an immediate and present danger of domestic abuse. Specifically, Rachel alleged that Tyleek had destroyed her apartment, threatened to kill her, and threatened to shoot up her mother’s house where she and MC reside. On January 24, 2025, the trial court entered an ex parte order of protection against Tyleek that temporarily prohibited his contact with Rachel and MC, and a hearing on the petition was scheduled for February 12, 2025. Rachel testified at the hearing on her petition for an order of protection. Rachel testified that Tyleek has undiagnosed mental-health issues, that he is a known gang member, and that he has outbursts during which he destroys her property or steals her car. She stated that during a phone call, which she recorded and introduced into evidence, Tyleek physically threatened her. Rachel stated that before she began recording, Tyleek threatened to kill her and that during the recorded portion of the phone call, Tyleek stated he is part of a gang and made threats against both Rachel and Rachel’s mother. Rachel stated that he threatened to shoot up her mother’s house and that Tyleek was later seen with a firearm near her mother’s house. During the phone call, Tyleek told Rachel, “I’m finna tear your shit up,” “I’m going to f*** your momma’s shit up,” and “I’m going to make you hurt.” Rachel stated that, due to Tyleek’s conduct, she feared for her safety and for MC’s safety. Rachel acknowledged, however, that Tyleek had never made any threats against MC. 2  Tyleek testified that although he and Rachel were never married, they do share a child together, MC.1 Tyleek stated that Rachel has custody of MC and that there is no visitation arrangement. Tyleek did not deny making the remarks recorded during the phone call, but he denied being in a gang, and he denied threatening Rachel. Tyleek also stated, “I just want to take care of my son, but she won’t let me because I don’t want to be with her anymore.” At the conclusion of the testimony at the hearing on the order of protection, the tr