Arkansas Petition to for Restraining Order due to Domestic Violence

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Multi-State
Control #:
US-02223BG
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Word; 
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Description

A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.

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FAQ

There is no charge to file a petition for an order of protection. If you are in immediate danger, dial 9-1-1.

No contact orders are only issued by a District Court Judge AFTER a subject has been arrested or issued a citation for a criminal offense. These orders are generally issued by the judge during the bond hearing or arraignment court date that was issued via the citation.

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.

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court.

Criminal Offenses § 5-53-134. Violation of a protection order. (C) The person knowingly violates a condition of an order of protection issued pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.

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Arkansas Petition to for Restraining Order due to Domestic Violence