Arkansas Protective Orders Laws

Arkansas offers relief for victims of domestic violence through orders of protection. These court orders use provisions tailored to each domestic abuse case. In addition to providing protection, these restraining orders can award child custody, spousal support, and more.

There's a lot to understand about the orders of protection available in Arkansas. In this guide, we'll examine each type or order, explain what they can and can't do, and show you how to get the one you need. If you'd like more information about domestic abuse, FindLaw's Arkansas Domestic Violence Laws article offers a thorough and detailed analysis.

While there are a few different restraining orders available in Arkansas, only one is applied for by the victim. To reduce confusion, we'll explain what each order does.

Arkansas Domestic Abuse Order of Protection

Victims of domestic violence, referred to in Arkansas codes as domestic abuse, can apply for an Arkansas domestic abuse order of protection. Domestic abuse classification has very specific requirements. Certain abusive crimes must occur between family and household members.

The people involved must share close personal relationships for consideration as family members and household members. The following qualify:

• Spouses and former spouses
• Parents and children
• People with a child in common
• In-laws
• Blood relatives (within the fourth degree of consanguinity)
• Children residing in the household
• People residing or cohabitating together
• People who have resided or cohabited together
• People in a dating relationship together
• People who were in a dating relationship together

Dating relationships must carry a commitment to qualify. The court uses certain markers to determine if a relationship is serious enough.

Certain crimes need to occur between family and household members for Arkansas to consider an offense as domestic abuse. These include the following types of abusive acts:

• Assault
• Bodily injury
• Inflicting physical harm
• Causing someone to fear imminent physical harm, bodily injury, or assault
• Any sexual conduct that constitutes a crime

Arkansas law includes a subset of offenses considered domestic violence that focus on spousal abuse. These types of abuse are also considered domestic abuse:

Sexual abuse, including:

• Rape
• Sexual assault
• Sexual harassment
• Forcing a spouse to participate in unwanted, unsafe, or degrading sexual activity
• Using ridicule or other tactics to try to denigrate, control, or limit a spouse's sexuality or reproductive choices

Emotional abuse:

• Threatening a spouse or their loved ones
• Damaging possessions of a spouse
• Harming a pet of a spouse
• Verbal attacks
• Using criticism, intimidation, exploitation, or social isolation to dominate
• Criminal harassment
• Stalking a spouse

Physical abuse, including:

• Beating, biting, burning, choking, hitting, kicking, pushing, shaking, or assaulting with a deadly weapon
• Using physical force to injure or put at risk of being injured

If you're suffering abuse or in fear of imminent abuse, call 911. Arkansas law enforcement officers receive special training and must operate under Laura's Law. This provides questions for determining if domestic abuse occurred and offering information on available domestic violence services.

How to Get a Domestic Abuse Order for Protection

A victim of any of the forms of domestic abuse listed above is eligible for a domestic abuse order of protection. The first step for getting a protective order is filling out a petition and an affidavit. Forms are available online, in the circuit clerk's office at circuit court, or through a domestic violence advocate near you. Petitions may vary between counties. There's no fee for filing for an order of protection.

When filling out the petition, provide as many details of the abuse you (the petitioner) suffered as possible. The county courthouse clerk can't offer legal advice. Once you've filed your petition, the court clerk takes the court papers to a judge. The judge may have questions for you.

If the judge finds that you're in immediate danger from the respondent (the abuser) or if the respondent is scheduled for release from incarceration, a temporary ex parte order of protection is issued. Ex parte means the respondent isn't consulted before issuance. A temporary order of protection lasts for 30 days or until a court date.

The order becomes enforceable after the respondent is served with a copy of the order. Domestic abuse orders of protection use provisions that restrain the respondent while addressing other issues as well. Common provisions include:

• Forbidding the respondent (abuser) from committing any further abuse to the petitioner (victim)
• Ordering the respondent to leave a shared dwelling and not return
• Forbidding the respondent to show up at the petitioner's dwelling, workplace, school, or other locations specified by the court
• Awarding temporary custody of minor children to the petitioner
• Ordering the respondent to pay temporary child support and/or spousal support
• Issuing a no-contact with the petitioner order for the respondent
• Allowing the petitioner to charge the respondent for attorney's fees
• Forbidding the respondent from owning or possessing firearms or ammunition during the duration of the order
• Granting custody of any shared pets to the petitioner

An order of protection can use some, none, or all of these conditions. It depends on the situation and what the court deems necessary.

If the respondent opposes the order, the matter is settled at a court hearing. Both sides can tell their story, present evidence, and have witnesses testify. If the petitioner proves the respondent presents an ongoing threat, a final order of protection is issued. Final orders last between 90 days and 10 years. The court decides how long. A final order is extendable at a hearing before expiration.

All domestic abuse orders of protection issued in Arkansas are enforced anywhere in the United States under federal law. This includes tribal reservations and U.S. territories. Keep a copy of the order with you at all times.

Penalties for Violating a Domestic Abuse Protection Order

Arkansas domestic abuse orders of protection are backed with strict penalties that increase with multiple violations. Even the first transgression can impose prison time. These sanctions apply to both ex parte orders and final orders. Violation penalties include:

• First violation (Class A misdemeanor): Up to one year in jail and a fine of up to $1,000
• Any additional violations within five years (Class D felony): Up to six years in prison and a fine of up to $10,000
• Any violation of a firearms prohibition provision (Class D felony): Up to six years in prison and a fine of up to $10,000

The court can order a violator to wear a global tracking device for between four to 12 months. The respondent may have to pay for the tracking.

Injunction Against Workplace Violence

A place of employment shouldn't be a source of abuse. Employees suffering workplace violence can have their employer file for either a restraining order, preliminary injunction, or an injunction on their behalf.

Workplace violence includes any of the following:

• Unlawful violence
• A terroristic act
• Rape
• Battery
• Domestic battering and assault on a family or household
• A crime of violence
• Stalking
• Harassment
• Loitering
• Criminal trespass
• Threats of violence that leave a victim in fear of immediate danger of bodily harm or terrorist acts

Employers can inquire at the circuit court clerk's office for the correct forms to file. They can also consult with an employment law attorney for legal advice. The relief offered depends on the situation but often includes the following provisions:

• The defendant (abuser) cannot visit, assault, molest, or otherwise interfere with the employer or the employer's operations or the employer's employee or invitee at the employer's work site
• The defendant must cease stalking the employer's employee or invitee at the employer's worksite
• The defendant must cease harassment of the employer or the employer's employee or invitee at the employer's worksite
• The defendant must not abuse or injure the employer, including the employer's property, or the employer's employee or invitee at the employer's worksite
• The defendant must not telephone the employer or the employer's employee or invitee at the employer's worksite

Penalties for violations depend on the type of order issued.

No-Contact Orders

No-contact orders are issued during criminal cases, often during the defendant's first appearance. The order is made part of any bond conditions that allow the defendant's pre-trial release. While the victims and witnesses a non-contact order protects can't apply for the order, they can request that the prosecutor's office do so for them.

The court can issue a no-contact order if the defendant is charged with one of the following crimes:

• Terroristic threatening
• Trafficking of persons
• First-degree false imprisonment

A no-contact order may also be issued if there is a danger the defendant will do one of the following:

• Try to intimidate a witness
• Commit a serious crime
• Unlawfully interfere with the administration of justice

The defendant is ordered to have no contact with the victim or witness and must stay a specified distance away at all times. Violation of a no-contact order is a Class A misdemeanor and can get the bond revoked.

No-contact orders stay in effect until terminated by the court. An extended order can last up to one year from the sentencing date.

Arkansas Protective Orders Laws: Review

While not perfect, Arkansas orders of protection can shield a victim from their abuser. The table below recaps the orders available and includes links to important Arkansas codes.

Note: Arkansas laws change through the enactment of new statutes, the issuance of higher court opinions, or other means. Speak with an Arkansas criminal defense attorney or family law attorney to confirm current Arkansas state laws.

Arkansas Protective Order Laws: Related Resources

• National Domestic Violence Hotline (1.866.799.7233)

• Domestic Violence Resources - University of Arkansas for Medical Sciences

• Survivor Resources - Arkansas Coalition Against Domestic Violence

• Domestic Violence FAQ

• Arkansas Courtroom Locator - Arkansas Judiciary

Dealing With Protective Orders in Arkansas? Talk to an Attorney

If you're a victim of domestic abuse, things can seem hopeless. Arkansas offers options for relief. If you need help with getting an order of protection, speak with an Arkansas family law attorney. Their legal services can get you immediate protection and guide you to a better life.

Violating an Arkansas order of protection is not a good idea. You're going to need the services of an Arkansas criminal defense attorney. An expert familiar with domestic relations cases can help you achieve the best outcome possible.