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ARKANSAS : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Domestic Abuse is when someone close to you commits, attempts, or threatens you with one of the following:

• physical harm
  
• bodily injury
  
• assault
  
• makes you afraid that physical harm or bodily injury is about to happen
  
• assault between family or household members
  
• sexual conduct (of a criminal nature) between family or household members, whether minors or adults.

You can get an Order of Protection if your abuser is:

• A spouse or former spouse
  
• A parent or child
  
• Any person related to you by blood
  
• Any child residing in the household
  
• A person you have or have had a child in common with
  
• A person you are living with, or have lived with
  
• A person you have or have had a dating relationship (romantic or intimate) with

Note: "Dating relationship" does not include casual relationships, such as ordinary time spent between two individuals in a business or social context (friendship).

There is no specific law that addresses same sex partners in Arkansas; however, they can qualify under the statute as it is written -- as a family or household member. Orders of protection have been enacted against same-sex partners.

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Types of protective orders:

Temporary Order of Protection

A Temporary, or Ex-parte, Order of Protection is a court order designed to provide you and your family members with immediate protection from an abuser. A judge may issue an ex parte order on the day you file your petition for an Order of Protection if s/he believes that you are in danger or if your abuser is scheduled to be released from jail within a month and you will be in danger when he is released. "Ex-parte" means that the order is issued without the abuser present.

In order to get a permanent Order of Protection, you need to have a full court hearing with your abuser present. A Temporary "Ex-parte" Order of Protection will protect you from the time you file until your full court hearing takes place, usually within 30 days.

Permanent Order of Protection

A Permanent Order of Protection is like a Temporary Order of Protection, but lasts an extended period of time and is only issued after a court hearing where your abuser has the opportunity to testify. A permanent order will last for at least 90 days and at most 2 years. The order may be renewed after it expires if the court finds that the threat of domestic abuse still exists.

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Benefits:

In both a Temporary Order of Protection and a Permanent Order of Protection, a Judge may order your abuser to:

• Keep away from the shared home;
  
• Stay away from your place of business or school, or any other places you routinely go.
  
• Stay away from you and not contact you directly or through someone else. Certain exceptions can be made and stated in the order. For example, you can ask the judge to allow your abuser to contact you about your children through your lawyer.

An Order of Protection may also:

• Award temporary custody or establish temporary visitation rights for any minor children you have with your abuser;
  
• Order temporary financial support for you (if you are married to your abuser) or your minor children (whether or not you are married). These temporary orders will be enforced just like any other child support or alimony awards;
  
• Compensate you for reasonable attorney fees;
  
• Order anything else that the judge thinks will help keep you, your family, and other household members safe.

Whether a Judge orders any or all of the above depends on the facts of your case.

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Costs:

There is no filing fee to get an Order of Protection.

Although you do not need a lawyer to file for an Order of Protection, it may be to your advantage to find a lawyer, especially if your abuser has a lawyer. Even if your abuser does not have representation, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

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Violations:

Call the police immediately if you believe your Order of Protection has been violated. It is a crime and civil contempt of court if the abuser knowingly violates the order in any way. Any failure to observe all provisions of the order constitutes a violation on the part of your abuser. In such an instance, call the police immediately; tell them that you have an order and that your abuser is in violation of it. It is very important that you keep a copy of the order with you at all times. Allowing your abuser access to your residence, place of employment or anywhere the PFA Order prohibits him/her from going may result in the loss of right to enforce the order.

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