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Table of Contents
Orders of Protection
Other types of restraining
orders
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to top)
A quick overview of the
legal system
The Arkansas legal system is
divided into two areas:
civil law and criminal law.
One of the most confusing
things about the legal
system is the difference
between civil cases and
criminal cases. In domestic
violence situations, there
may be both civil and
criminal cases occurring at
the same time as a result of
the same violent act. The
major differences have to do
with who takes the case to
court and the reason for the
case.
-
Under civil law,
one person sues another
for a private wrong. In
a civil domestic
violence action, you are
asking the court to
resolve the conflict
between you and your
abuser. You are not
asking the court to
punish that person for
committing a crime. The
orders of protection
we talk about on this
page are under the civil
law system.
-
The criminal law
system handles all cases
that involve violations
of criminal law such as
harassment, assault,
murder, and theft. A
criminal complaint
involves the state's
attorney (district
attorney or prosecutor)
charging your abuser
with a crime.
You may want to pursue both
civil and criminal action.
However, once you file a
criminal complaint, only the
prosecutor can decide to
drop it. You may also be
required to testify.
For more help and
information on the Arkansas
legal system, please contact
a local legal assistance
program listed on our
AR Links & Resources
page.
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What is the legal
definition of domestic abuse
in Arkansas?
Domestic Abuse is when
someone close to you
commits, attempts, or
threatens you with one of
the following acts:
-
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.
To read the exact legal
terminology, please see the
AR
Legal Statutes page,
Section 9-15-103.
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Orders of Protection
What is an Order of
Protection? What types are
there?
An Order of Protection is a
court order designed to keep
your abuser away from you.
There are two types of
orders:
Temporary Order of
Protection
A Temporary "Ex-parte" Order
of Protection is a court
order designed to provide
you and your family members
with immediate protection
from your 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 immediate
danger, or if your abuser is
scheduled to be released
from prison within 30 days
and you will be in danger
when he is released. "Ex-parte"
means that the order is
issued without your 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 it lasts
longer and can be issued
only after a court hearing
takes place where you and
your abuser both have the
opportunity to tell your own
side of the story. 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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Who can get an Order
of Protection?
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 a casual
relationship or ordinary
time spent between two
individuals in a business or
social context.
To read the exact legal
terminology, please see the
AR
Legal Statutes page,
Section 9-15-103.
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Can I get an Order of
Protection against a minor?
Yes, you can get an Order of
Protection against a minor.
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Can I get an Order of
Protection if I am a minor?
Yes. A minor cannot file the
petition themselves, but any
adult family or household
member may file on behalf of
the minor. An employee or
volunteer at a domestic
violence shelter or
organization may also file
on behalf of a minor,
including a married minor.
Note: A minor may be able to
get an Order of Protection
if they are residing in the
household where the domestic
abuse occurred. The minor
does not have to be the
direct victim of abuse in
this case.
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Can I get an Order of
Protection against a same
sex partner?
Maybe. 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. Judges in
Arkansas have issued Orders
of Protection against same
sex partners.
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What if I do not qualify for
an Order of Protection?
In Arkansas, orders of
protection do not cover:
-
A victim of abuse whose
abuser is NOT a family
member, a household
member, or a current or
former dating partner;
or
-
Victims of stalking and
harassment.
However, assault, stalking,
and harassment are against
the law. If one of these
crimes is being committed
against you, you may want to
consider calling the police.
If charges are pressed
against the perpetrator, a
judge may be able to order
him/her to stay away from
you. See the section below
on
No Contact Conditions of
Release. You can also
visit our
Safety Planning page for
ways to increase your
safety.
If you are being stalked or
harassed, go to the
Stalking Resource Center
web site for more
information on stalking and
harassment laws, as well
safety planning information.
Orders of Protection also do
not cover many types of
emotional or mental abuse.
If you're being mentally or
emotionally abused, please
contact a domestic violence
organization in your area.
They can help you figure out
your options and offer you
support (AR
Links & Resources).
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How can an Order of
Protection help me?
In both a Temporary Order of
Protection and a Permanent
Order of Protection, a Judge
may order your abuser to:
-
Stay out of your home or
the home you shared
together;
-
Stay away from your
work, school, or other
places you 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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How long does it last?
A Temporary Order of
Protection will last until
the date of your full court
hearing, which will be
scheduled no later than 30
days after the Temporary
Order is issued.
A Permanent Order of
Protection will last for at
least 90 days, and at most 2
years. A Judge will decide
the exact time.
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How much does it
cost? Do I need a lawyer?
Nothing. 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. This is especially
important if your abuser has
obtained a lawyer. Even if
your abuser does not have a
lawyer, if you can, it is
recommended that you contact
a lawyer to make sure that
your legal rights are
protected.
If you cannot afford a
lawyer but want one to help
you with your case, you can
find information on legal
assistance and domestic
violence
organizations
on the
AR Links & Resources
page. In addition, the
domestic violence
organizations in your area
and/or court staff may be
able to answer some of your
questions or help you fill
out the necessary court
forms. You will find contact
information for courthouses
on the
AR Courthouse Locations &
Info page.
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What are the steps
for obtaining an Order of
Protection?
Step 1: Go to the
nearest court to obtain and
file the petition.
To file for an Order of
Protection in Arkansas, go
to the county courthouse in
the county where you live,
where the abuse took place,
or where the abuser may be
served (given paperwork
related to the case). Find
the civil clerk of court and
ask for a petition for an
Order of Protection. You can
find a list of courts on the
Courthouse Locations & Info
page.
Tell the civil clerk of
court that you want to file
a petition for a permanent
Order of Protection. If you
are in immediate danger,
tell the clerk that you also
want a Temporary Order of Protection.
Step 2: Bring
identification and
information about your
abuser.
It is sometimes helpful to
bring the following
information about your
abuser:
-
A photo
-
Address of residence and
employment
-
Phone numbers
-
A description and plate
number of your abuser's
car
-
History of drugs or gun
ownership
Remember to also bring some
form of personal
identification for yourself
(a driver's license or other
identification that includes
your picture).
Step 3: Get the
necessary forms and fill
them out.
You can find links
to forms online by going to
Download Court Forms.
You can also find forms at
the Clerk of Court's office
in the courthouse in your
area. Go to
Courthouse Locations & Info
to find the courthouse in
your area.
You may also be able to
obtain these forms by
calling a local domestic
violence organization or
legal aid office. Most
domestic violence prevention
organizations can provide
support for you while you
fill out these papers. Check
the
AR Links & Resources
page for a list of local
resources.
In most counties you can
also obtain forms from the
victim-witness coordinators
in the prosecuting
attorney's office. The
victim-witness coordinator
can also assist you with
completing the form.
On the petition, you will be
called the "Petitioner"
and your abuser will be
called the "Respondent."
Be Specific
when filling out the
petition.
-
Include the reason you
are asking for the
court's protection,
listing the specific
acts of domestic abuse
that took place in the
past year. (You may be
able to include events
that took place more
than a year ago, if your
abuser was out of state,
incarcerated, or there
is good cause.)
-
Write briefly about the
most recent incidents of
violence, using
descriptive language
that fits your
situation--words like
"slapping," "hitting,"
"grabbing,"
"threatening,"
"choking," etc. Include
details and dates if
possible.
-
List any previous court
action that you have
taken against your
abuser.
-
State whether any past
or current Orders of
Protection have been
issued against your
abuser.
-
Make a note if your
abuser is currently in
jail or in police
custody.
-
Provide an accurate
physical description of
your abuser, and give a
valid home or work
address where your
abuser can be found.
(This is necessary so
that the order can be
"served" --given-- to
your abuser).
-
Note: If your abuser
is in jail, the
Order may be served
there. If you do not
have the address of
your abuser, you can
still file for the
Order.
Your home, work and any
other identifying address
may be kept confidential if
your abuser does not know
them. However, you do have
to give the Court a mailing
address so that they can
contact you if there are
future hearings. If you are
staying at a shelter, give a
Post Office Box, not a
street address.
If you need assistance
filling out the form, ask
the clerk for help. Some
courts may have an advocate
that can assist you. Another
option is to find help
through one of the domestic
violence
organizations
listed on our
AR Links & Resources
page.
Note: Do not sign
the Petition until you have
shown it to a clerk
because the form may need to
be notarized or signed in
the presence of court
personnel. The probation
department will then run a
"check" on your abuser's
criminal and Order of
Protection history.
Note: There are no
initial fees or service
costs for getting an Order
of Protection.
The court, clerks of court,
and the law enforcement
agencies cannot require you
to pay any initial filing
fees or service costs.
Additionally, Arkansas law
enforcement agencies cannot
charge you a fee associated
with serving an Order of
Protection on a respondent.
Step 4: A Judge will
review your petition
at an
Ex-parte Hearing.
After you finish filling out
your petition, bring it to
the clerk of court. Your
file will be brought into
the courtroom for an initial
"ex-parte" hearing, meaning
your abuser will not be
present. The court will give
you a Temporary Order of
Protection if the Court
finds that:
-
You are in immediate and
present danger of
domestic abuse OR
-
That the respondent
(your abuser) is
scheduled to be released
from prison within 30
days, and there will be
an immediate and present
danger of domestic abuse
when he is released
A judge will decide whether
or not to give you a
Temporary Order of
Protection based on the
facts included in your
petition.
If the judge gives you a
Temporary Order, you will be
given a copy of the order by
the clerk of court.
Review the order before
you leave the courthouse
to make sure that the
information is correct. If
something is wrong or
missing, ask the clerk to
correct the order before you
leave. Be sure to keep it
with you at all times. You
may want to keep copies in
your car, workplace, or
daycare. The judge will also
set a hearing date for your
"full court hearing." The
Temporary Order will be in
effect until your next
hearing date, which
will be scheduled within 30
days.
If the Judge does not grant
you a Temporary Order at the
ex-parte hearing, you will
still be given a court date
for a full court hearing.
This hearing will be
scheduled to take place
within the next 30 days, at
the time shown on the Notice
of Hearing.
Step 5: Service of
Process.
Your abuser must be
served, or given papers
that tell him about the
hearing date and your
Temporary Order of
Protection (if the Judge
gave you one). Service must
be completed at least 5 days
before the scheduled date of
the hearing.
The clerk will either send
the order to the police, or
have you bring it to the
police yourself. The police
will then find the abuser
and serve him notice of the
temporary order (if the
judge gave you one) as well
as the scheduled hearing
date.
Sheriff Department Locations
& Info.
For your safety, do not
attempt to serve the papers
to the abuser yourself.
Step 6: Go to the
hearing.
It is very important that
you attend the court
hearing. If you do not go to
the hearing, your Temporary
Order will expire and you
will have to start the
process over. It also may be
harder for you to get an
Order of Protection in the
future.
If you absolutely cannot go
to the hearing, contact the
clerk of court immediately
and ask how you can get a "continuance"
for a later court date.
Your abuser will have the
opportunity to be at the
hearing. If your abuser does
not show up, but has
received notice of the
hearing, the court may issue
a "default judgment", and
you may receive an Order of
Protection against him in
his absence. If your abuser
did not receive notice of
the hearing, and does not
show up, the judge may order
a new hearing date and
extend your Temporary Order.
If the judge does not extend
your Temporary Order, you
should request that s/he do
so before you leave the
hearing, or as soon as
possible afterwards.
Remember: The Temporary
Order will expire on the day
of the hearing, so it is
important to get it extended
if the hearing is moved to a
later date.
At the hearing, you will be
asked to testify in court
about the abuse and
harassment you have
experienced. Your abuser
will also be allowed to
present evidence and testify
in the hearing.
You have the right to bring
a lawyer to represent you at
the hearing. If you show up
to court and your abuser has
a lawyer and you do not, you
may ask the judge for a
continuance to set a
later court date so you can
have time to find a lawyer
for yourself.
Note: It is a good idea to
see a lawyer if you think
your abuser will challenge
custody or child support, or
if you have been severely
injured or expect an injury
to last a long time.
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What will I have to prove
at the hearing?
As the petitioner requesting
an Order of Protection, you
must:
-
Prove that the
respondent has committed
acts of domestic
violence (as defined by
Arkansas law) against
you (or your minor
children). See
What is the legal
definition of domestic
abuse in Arkansas?.
-
Convince a judge that
you need protection and
the specific things you
asked for in the
Complaint (the
petition).
See
What should I do before the
hearing to prepare my case?
for ways you can show the
judge that you were abused.
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What should I do
before the hearing to
prepare my case?
First, you should prepare
yourself for seeing your
abuser in the courtroom. In
addition, there are several
steps you should take to
fully prepare yourself for
your hearing.
Contact witnesses
who saw the abuse or your
injuries. Anyone
can be a witness, including:
-
a friend
-
a family member
-
children
-
an emergency room nurse
-
a doctor
-
a stranger who saw or
heard the abuse take
place
-
a law enforcement
officer
Some witnesses may not come
to court unless they are
given a
subpoena that commands
them to appear and testify.
Ask the court clerk about
the subpoena process. Let
the judge know if the people
you subpoenaed do not come
to the hearing.
If your children witnessed
the abuse, you should tell
the judge that they were
present. However, you should
seriously consider not
having the children testify
in court to avoid putting
them in the uncomfortable
position of possibly
testifying against their
other parent.
The judge may choose not to
hear from a witness because
of the short amount of time
given to each hearing.
Get evidence and
documentation to help you
prove your case.
Evidence can include:
-
Your statement or a
witness' statement about
the incident(s), given
in person on the day of
the hearing
-
Medical reports
-
Police reports
-
Pictures of your
injuries (dates if
possible)
-
Note: If the police
took photos during
their investigation,
you may be able to
request copies of
those photos from
the police photo
lab. You may have to
pay for those
copies. You should
consider taking your
own series of photos
to document the
progress of any
bruising or other
injuries you
sustained.
-
Injuries or threats of
injuries to children
-
Injuries or threats of
injuries to pets
-
Household objects torn
or broken by your abuser
-
Pictures of your
household in disarray
after an episode of
domestic violence
-
Weapons used
-
Tapes of calls you may
have made to 911
-
Available from the
911 Coordinator's
office at law
enforcement offices
-
Certified copies of the
abuser's criminal record
-
Available from the
Clerk's office,
criminal division
-
Anything else to help
you convince the judge
you have suffered acts
of domestic abuse and
need certain relief and
protection
The more evidence you have,
the greater your chances of
being granted an order of
protection. However, the
judge will listen to your
story and may give you an
Order of Protection even if
you have no physical
evidence or witnesses.
Practice telling
your story. You may
want to make an outline or
notes of the history of
violence by your abuser. You
may take notes to court with
you to look at if you forget
something, but the judge may
order that the abuser be
allowed to see the notes if
you read directly from them.
Tell your story in your own
words, but leave out details
that have nothing to do with
the violence or threats of
violence. Also, rather than
saying "He (or she) hit me,"
tell the judge how you were
hit, where on your body you
were hit, and how many
times. Be specific.
You may want to
mention:
-
The last 2 incidents of
violence
-
The worst 2 incidents of
violence
-
Whether your abuser has
a gun or other weapons,
and
-
Whether your abuser has
threatened to physically
hurt or kill you.
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What should I do on
the day of the hearing?
-
Be on time.
-
Have your witnesses
there and ready.
-
If you have subpoenaed
witnesses and they do
not come, you should let
the judge know.
-
Dress neatly.
-
Speak directly to the
judge; s/he will
understand if you feel
nervous.
-
Always address the judge
as "Your Honor."
-
Be prepared to spend all
day in court. (There may
be hearings before
yours.) You should make
child care arrangements
if possible.
-
If your abuser does not
appear at the scheduled
court hearing, the judge
may continue with the
hearing or s/he may
reschedule the hearing
for a later date.
-
If the judge
reschedules the
hearing, make sure
to ask the clerk if
you need to reissue
or extend your
temporary order (if
you have one) so
that you will
continue to be
protected until the
new hearing date.
-
If your abuser comes to
court with a lawyer and
you do not have one, ask
the judge for a
continuance so you
can look for a lawyer.
-
Once your case is
called, enter the
courtroom and find a
seat. It is your right
to take another seat if
the abuser sits next to
you, and to receive help
from court staff in
keeping the abuser away
from you.
-
Stand when the judge
enters and sit when the
judge or bailiff asks
you to.
-
Relax and remain calm.
Take deep breaths if you
feel yourself getting
tense. Never lose your
temper in the courtroom.
-
Always tell the truth.
-
If you don't understand
a question, just say so.
-
If you don't know the
answer to a question,
just say so. Never make
up an answer.
-
Tell the judge if you
want custody of your
children, if you own
joint property with the
abuser (for example,
your home), and what you
will need to financially
support yourself and
your children.
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What is the order of
events in the courtroom?
-
At the hearing, everyone
who testifies will swear
to tell the truth.
-
You will tell your side
of the story first.
-
The judge and your
abuser (or your abuser's
lawyer, if he has one)
may ask you questions.
If you are afraid to
answer any of these
questions, tell the
judge.
-
When you are done, your
witnesses will take the
stand. You (or your
lawyer, if you have one)
may ask them questions,
and then the judge and
your abuser (or his
lawyer, if he has one)
will have a turn to ask
them questions.
-
After all of your
witnesses are finished,
your abuser will tell
his side of the story.
It may be very different
from yours. The judge
will ask him questions,
and you (or your lawyer,
if you have one) may
also ask him questions.
-
The judge will make a
decision after hearing
both sides and
considering the
evidence.
-
If the judge issues you
an Order, you will be
given a copy of the
Order. Review it
carefully before you
leave the courthouse. If
you have ANY questions
about it, be sure to ask
the judge.
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What should I do
when I leave the courtroom?
-
Review the Order of
Protection before you
leave the courthouse. If
something is wrong or
missing, ask the clerk
to correct the order
before you leave.
-
Make several copies of
the Order of Protection
as soon as possible.
-
Keep a copy of the Order
with you at all times.
-
Inform your employer,
domestic violence
advocate, minister,
clergy, family members,
and/or your closest
friends that you have an
order of protection in
effect.
-
Leave copies of the
Order at your work
place, at your home, at
the children's school or
daycare, in your car,
with a sympathetic
neighbor, and so on.
-
Give a copy to the
security guard or person
at the front desk where
you live and/or work.
-
Give a copy of the Order
to anyone who is named
in and protected by the
Order.
-
If the court has not
given you an extra copy
for your local law
enforcement agency, take
one of your extra copies
and deliver it to them.
-
One week after
court, call your
local law
enforcement offices
to make sure they
have received copies
of the order.
-
You may wish to consider
changing your locks and
your phone number.
It is important to recognize
the limitations of an Order
of Protection. An Order is
only helpful if it is
enforced, which is why it is
critical to report every
violation of the Order to
the police or the court.
Ongoing safety
planning is
important after receiving
the order. Women can do a
number of things to increase
their safety during violent
incidents, when preparing to
leave an abusive
relationship, and when they
are at home, work, and
school. Many batterers obey
protection orders, but some
do not and it is important
to build on the things you
have already been doing to
keep yourself safe. Click on
the following link for
suggestions on
Safety Planning. (You
can access the safety
planning information any
time from the
WomensLaw.org Home
page.) Advocates at local
resource centers can assist
you in designing a safety
plan and can provide other
forms of support.
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I was not granted an
Order of Protection. What
can I do?
If you are not granted an
Order of Protection, there
are still some things you
can do to stay safe. It
might be a good idea to
contact one of the domestic
violence resource centers in
your area to get help,
support, and advice on how
to stay safe. They can help
you come up with a safety
plan and help connect you
with the resources you need.
You will find a list of AR
resources on our
AR Links & Resources
page.
You may also be able to
reapply for an Order of
Protection if you have new
evidence to show the court
that domestic abuse did
occur, or if a new incident
of domestic abuse occurs
after you are denied the
Order.
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What can I do if the
abuser violates the Order?
It is important to recognize
the limitations of an Order
of Protection. You must be
vigilant in enforcing the
Order's provisions by
reporting every violation to
the police or court.
Call the police or
sheriff department
immediately, even
if you think it is a minor
violation, and show them
your Order of Protection. It
is very important that you
have a copy of this order
with you at all times. It is
a crime and
contempt of court if the
abuser knowingly violates a
provision in the order in
any way. A judge can punish
someone for being in
contempt of court.
A violation of the order is
a Class A misdemeanor
carrying a maximum penalty
of one (1) year imprisonment
in the county jail or a fine
of up to one thousand
dollars ($1,000), or both.
[Arkansas Code: § 9-15-207]
In some cases, your abuser
can be arrested immediately
without a warrant. If the
police are not involved or
do not arrest him or file a
criminal complaint against
him, you still have the
right to go to the District
Court and take out a
criminal complaint against
him. It is a good idea to
write down the name of the
responding officer(s) and
their badge number in case
you want to follow up on
your case.
If you decide to let your
abuser back into your
residence, place of
employment or anywhere the
Order of Protection
prohibits him from going,
you may be giving up your
right to enforce the order.
In addition, contacting the
abuser in any way may hurt
your chances of renewing,
extending, or getting
another Order of Protection
in the future.
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How do I change,
extend, or cancel the Order?
You will likely have to have
another court hearing before
you can modify (change),
extend, or cancel your
Order.
In order to renew or extend
the Order, you will have to
go back to court and prove
that the threat of domestic
abuse still exists. If you
would like to cancel the
order, you will have to go
back to court and prove to
the court that you are no
longer in need of the Order.
Note: If you cancel the
Order, it may be harder for
you to get another one in
the future.
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What happens if I
move?
Your Order of Protection is
valid throughout Arkansas.
Additionally, the federal
law provides what is called
"Full Faith and Credit,"
which means that once you
have a criminal or civil
protection order, it follows
you wherever you go,
including U.S. Territories
and tribal lands. Different
states have different rules
for enforcing out-of-state
protection orders. You can
find out about your state's
policies by contacting a
domestic violence program,
the clerk of courts, or the
prosecutor in your area.
If you change residence, you
should bring a copy of your
order to the police or
sheriff department in your
new area.
If you are moving out of
state, you should call the
battered women's program in
the state where you are
going to find out how
that state treats
out-of-state orders.
If you are moving to a new
state, you may also call the
National Center on Full
Faith and Credit
(1-800-903-0111) for
information on enforcing
your order there.
Note: The
legislature requires the
Arkansas Crime Information
Center (ACIC) to maintain a
registry of all Orders of
Protection and Temporary
Orders of Protection issued
by an Arkansas state court,
or an out of state court
which has been registered in
the state.
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Mutual
Restraining Orders
What is a Mutual
Restraining Order?
A Mutual Restraining
Order is a court
order generally used
in divorce cases.
The Mutual
Restraining Order
lasts until the
final divorce
decree. If the
restraining order is
violated, the charge
is
contempt with a
punishment of up to
$50 and/or 10 days
in jail.
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Is a Mutual
Restraining Order the only
action I can take if I am
being abused while seeking a
divorce?
No. Actually, an attorney
representing a woman getting
a divorce may not want to
seek a Mutual Restraining
Order over an Order of
Protection because the
consequences of violating a
Mutual Restraining Order are
minimal, while punishment
for violation of an Order of
Protection is more severe,
which often makes it more
effective.
If you have a Mutual
Restraining Order, you will
probably still want to seek
an Order of Protection.
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No Contact
Conditions of Release
What is a No Contact
Order (Release,
Bond/Pretrial Release, or
Probation)?
In a domestic violence case,
a No Contact Order is only
available when the abuser
has been arrested and
charged with a crime. These
orders are much more limited
than Orders of Protection in
the relief they can offer.
When criminal charges are
involved, a No Contact
provision can be made a
condition of bond or
pretrial release when the
victim requests it (or by an
attorney on the victim's
behalf). Meaning if the
abuser contacts you and
violates the order, he may
be put back in jail even if
he was released on
bail or for a period of
probation.
For certain crimes, No
Contact Orders are a
mandatory condition of
pretrial release. Meaning,
if your abuser is released
from jail before his
criminal trial takes place,
a No Contact Order is
automatically issued when
your abuser is charged with
one of the following crimes:
-
Stalking,
-
Terroristic
Threatening
-
Harassment
-
Harassing
Communications,
and/or
-
Unauthorized
Computerized
Communications.
Upon pretrial release of
your abuser, a judicial
officer will enter a No
Contact Order in writing and
will give notice to the
defendant (the person being
charged with a crime ) of
possible penalties.
The second type of No
Contact Order is issued post
trial or post plea
agreement. It is issued as a
condition of probation or
suspended imposition of
sentence.
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What are the
benefits to a No Contact
Order?
Although No Contact Orders
are not a substitute for
Civil Orders of Protection,
No Contact Conditions placed
on a defendant (the person
being charged with a crime)
at pre-trial or post-trial
release in domestic abuse
cases can be an additional
tool for ensuring your
safety.
An important note: a No
Contact Order does NOT
address issues of financial
support or child custody.
Therefore, it may be
important for you to also
seek a Civil Order of
Protection, which can
address the crucial matters
of financial support and
child custody.
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What happens if a No
Contact Order is violated?
If a No Contact Order is
violated, your abuser can be
arrested. A judge can then
either make the conditions
of your abuser's release
from jail more strict, or
order that your abuser be
returned to jail (either for
the remainder of his jail
sentence or until the date
of his criminal trial, if
the trial has not taken
place yet).
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Where do I file for
a No Contact Order?
An order for a defendant
(the person charged with a
crime) to have no contact
with you and your family may
be issued by Circuit and
Municipal courts in
association with criminal
charges, as either a
condition of the abuser's
pretrial release/bond or as
a condition of probation.
No Contact Orders are
usually requested during a
regularly scheduled
proceeding (for example, the
criminal hearing or trial);
which means, no separate
hearing is required. There
are no forms for you to fill
out and you do not have to
be at the trial to get the
order. Additionally, because
the defendant is present at
the proceeding in which the
No Contact Order is
requested, the
abuser/defendant can be
served in open court and
place his actual signature
on the No Contact Order
form. Meaning, the No
Contact Order will be in
effect immediately.
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Injunctions against
Workplace Violence
What is an Injunction
against Workplace Violence?
An Injunction against
Workplace Violence is a
court order designed to
protect a victim of
stalking, harassment, sexual
assault, or domestic
violence while at work. It
is also designed to protect
your employer, coworkers,
and place of employment from
your abuser.
Your employer, or someone
authorized by your employer,
has to file for an
Injunction against Workplace
Violence. Unless you are
your employer's authorized
agent, you cannot petition
for an injunction on your
own behalf.
To get an Injunction against
Workplace Violence, your
employer must show a judge
that you have been a victim
of:
-
Rape;
-
Battery;
-
Domestic violence;
-
Terroristic act;
-
Threats of violence that
your abuser could follow
through with while you
are at work;
-
Stalking while you are
at work;
-
Harassment while you are
at work; OR
-
Criminal trespass while
you are at work.
Your employer may file for
an Injunction against
Workplace Violence
whether or not you have
an order of your own, such
as an Order of Protection or
No Contact Order.
To file for an Injunction,
your employer can go to the
county court, in the county
where your workplace is
located. Your employer will
then have a hearing with a
judge or magistrate, where
your abuser will not be
present. A judicial officer
can issue a Temporary
Injunction against Workplace
Violence at this ex parte
hearing. Whether or not the
judge grants a Temporary
Injunction, s/he will
schedule a full hearing,
where both your employer and
your abuser will be able to
tell their sides of the
story.
An Injunction against
Workplace Violence can:
-
Order the defendant not
to visit your place of
work - and to stop
stalking or harassing
you there;
-
Order the defendant not
to hurt you or your
employer at your place
of work;
-
Order the defendant not
to interfere with your
work or any of your
employer's operations or
destroy any of the
property where you work;
-
Order the defendant not
to contact your place of
work - or you or your
employer while you're
there; and
-
Anything else a judge
thinks is necessary to
keep you and your
employer safe while at
court.
You or your employer should
call the police as soon as
possible if your abuser
violates an Injunction
against Workplace Violence.
Violation is a crime and may
constitute contempt of
court.
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How is an Injunction
against Workplace Violence
different from other types
of orders?
There are several ways in
which an Injunction against
Workplace Violence is
different from other types
of protective orders.
First, the plaintiff, or
person who asks the court
for an order, is the
employer or an authorized
agent of the employer. This
lets an employer ask for
protection for the victim,
fellow employees, and the
employer's property, without
the victim having to take
action.
If you are a survivor of
domestic violence or
harassment, you may also
benefit from the fact that
the employer is the
plaintiff in an Injunction
against Workplace Violence.
Your abuser may be less
likely to retaliate against
you, since you are not
involved in obtaining the
injunction.
The fact that the victim's
cooperation is not necessary
can also work against you,
since the employer may be
able to get an Injunction
against Workplace Violence
without your knowledge, and
perhaps even if you do not
want it.
Also, an Injunction against
Workplace Violence generally
only protects you while you
are at work or on business
for your employer. An
Injunction against Workplace
Violence will usually not
protect you while you are at
home or away from work. If
your employer gets an
Injunction against Workplace
Violence against your
abuser, you may still want
to consider applying for an
Order of Protection or No
Contact Order.
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Footnotes:
1) Wright v. Wright No.
4-91-0617; Nov. 27, 1991
2) Arkansas Code Section
9-15-201
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