An Arkansas order of protection is a civil court order issued under the state’s Domestic Abuse Act of 1991 that restricts an abuser’s contact and conduct toward a family or household member. It can force the abuser out of a shared home, bar contact at work or school, set temporary custody and support, and more. Violating one is a Class A misdemeanor on a first offense and a Class D felony for a repeat offense within five years.
Who Can Get One
You can petition for an order of protection if a family or household member has committed domestic abuse against you. Arkansas defines domestic abuse as physical harm, bodily injury, assault, the threat of imminent physical harm, or any sexual conduct between family or household members that would be a crime under state law.1Justia. Arkansas Code 9-15-103 – Definitions
The “family or household member” category is broad. It covers spouses and former spouses, parents and children, blood relatives within the fourth degree, in-laws within the second degree, current or former cohabitants, people who share a child, and current or former dating partners. Whether a dating relationship qualifies turns on its length, type, and frequency. Casual acquaintances and ordinary social contacts don’t count.1Justia. Arkansas Code 9-15-103 – Definitions
Any adult family or household member can file for themselves, for a minor, or for someone adjudicated incompetent. A domestic-violence shelter employee or volunteer can file on behalf of a minor.
How to File and What It Costs
You file a verified petition in circuit court in the county where you live, where the abuse happened, or where the respondent can be served.
Filing is free. Arkansas law bars the court, the clerk, and law enforcement from charging the petitioner any filing fee or service cost up front. If a final order is granted after a hearing, those costs can be assessed against the respondent. If the court finds the allegations were false, costs can be shifted back to the petitioner.
Temporary Order, Then a Hearing
After reviewing the petition, the court can issue a temporary order of protection immediately, without the respondent present, if the circumstances justify it. That temporary order stays in place until the court holds a full hearing, where the judge decides whether to enter a final order.2Justia. Arkansas Code 9-15-206 – Temporary Order
This two-step structure matters for one practical reason: the federal firearm ban discussed below generally kicks in only after the hearing, not during the temporary phase.
What the Order Can Require
The court tailors the order to the situation. Both temporary and final orders can include:
- Ordering the respondent to leave a shared dwelling or stay away from the petitioner’s residence.
- Barring the respondent from the petitioner’s workplace, school, or other specified places.
- Prohibiting the respondent from contacting the petitioner directly or through a third party, except on conditions the court spells out.
- Awarding temporary custody of minor children or setting visitation terms.
- Requiring temporary child support or spousal support, enforceable like any other support award.
- Any other relief the court finds necessary, including ordering the respondent to stop injuring, threatening, or harassing the petitioner.
An order issued in any Arkansas county is enforceable statewide by any law enforcement officer.3Justia. Arkansas Code 9-15-207 – Order of Protection – Enforcement – Penalties – Criminal Jurisdiction
Penalties for Violating an Order
A first violation is a Class A misdemeanor, punishable by up to one year in county jail, a fine of up to $1,000, or both.3Justia. Arkansas Code 9-15-207 – Order of Protection – Enforcement – Penalties – Criminal Jurisdiction
A second violation within five years of a prior conviction for the same offense becomes a Class D felony, provided the order was issued after a hearing where the respondent had actual notice and an opportunity to participate.4Justia. Arkansas Code 5-53-134 – Violation of an Order of Protection A Class D felony carries up to six years in prison5Justia. Arkansas Code 5-4-401 – Sentence and a fine of up to $10,000.6Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
Prosecutors must prove the respondent knowingly violated a condition of the order, which means proving actual notice that the order existed. Once the order has been personally served, claims of ignorance become very difficult.4Justia. Arkansas Code 5-53-134 – Violation of an Order of Protection
The Federal Firearm Ban
A qualifying protection order triggers a federal prohibition on possessing, shipping, or receiving firearms and ammunition under 18 U.S.C. ยง 922(g)(8). The ban applies when all of the following are true: the order was issued after a hearing with actual notice and an opportunity to participate; it restrains the person from harassing, stalking, or threatening an intimate partner or child; and it either includes a finding that the person poses a credible threat or explicitly prohibits the use of physical force against the partner or child.7Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
Possessing a firearm in violation of this prohibition is a federal crime carrying up to ten years in prison.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Protection Orders and Federal Firearms Prohibitions Temporary ex parte orders generally do not trigger the ban because they are entered before the respondent has had a hearing. The restriction attaches once the final order is in place.
If the Protected Person Reaches Out
An order of protection binds only the respondent. If the petitioner calls, texts, or shows up at the respondent’s door, the order is still in force. Responding to that contact can lead to arrest even though the petitioner initiated it. This is the single most common way respondents land in criminal trouble.
If circumstances have changed and the order no longer fits the situation, the correct step is to go back to court and ask the judge to modify or dissolve it. Until the judge does, every condition stays enforceable.
Orders Issued Outside Arkansas
Protection orders travel across state lines. Federal law requires every state to give full faith and credit to a protection order issued by another state, a federally recognized Indian tribe, or a U.S. territory, provided the issuing court had jurisdiction and the respondent received reasonable notice and an opportunity to be heard.9Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
Arkansas’s violation statute specifically covers out-of-state, tribal, and military protection orders, with the same penalties as violations of Arkansas-issued orders.4Justia. Arkansas Code 5-53-134 – Violation of an Order of Protection