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Tara's Law in Arkansas aims to protect children and ensure their safe environment, particularly regarding domestic violence and custodial challenges. The law mandates that judges consider safety when making custody decisions, prioritizing children's welfare. This is particularly important when there are allegations of violations of no contact orders involving children. Understanding Tara's Law and its application can help parents and guardians make informed decisions.
Any person who violates any provision of the Order of Protection has committed a crime, specifically a Class A Misdemeanor, the punishment for which is up to a $1,000 fine and/or up to one (1) year in jail. The Judge issuing the Order can also punish for Contempt of Court.
Many domestic violence shelters and some county offices also have victim advocates who can assist you with filing your petition and affidavit. There is no charge to file a petition for an order of protection.
Only the judge can modify or remove a No Contact Order. While No Contact Orders are typically imposed at the beginning of most criminal cases such as Assault, Harassment, Trespass and Malicious Mischief, the parties can petition the judge modify or lift the No Contact Order. First, a hearing needs to take place.
You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
(2) ?No contact order? means an order issued by a court to a defendant at or after his or her first appearance on charges as described under Rule 8.1 of the Arkansas Rules of Criminal Procedure that prohibits the defendant from contacting directly or indirectly a person in any manner or from being within a certain ...