A no contact order in Arkansas is a criminal-court order that keeps a defendant away from a victim, witness, or their family. Courts issue these orders under two separate statutes: one covers defendants awaiting trial, the other covers people already convicted of serious violent or sexual crimes. The protected person doesn’t apply for the order the way they would with a civil protective order; the prosecutor requests it or the judge imposes it as part of the criminal case. Violating one is a Class A misdemeanor, and in domestic cases it can trigger a federal firearm ban carrying up to 15 years in prison.
How It Differs From an Order of Protection
A no contact order and an order of protection are often confused, but they come from different places. A no contact order lives inside a criminal case. The court imposes it, or the prosecutor asks for it, as a condition of the defendant’s release or as part of sentencing. The protected person does not file anything.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
An order of protection is civil. A family or household member petitions circuit court alleging domestic abuse, and the court can grant it whether or not criminal charges exist.2FindLaw. Arkansas Code Title 9 Family Law 9-15-201 If you want protection and no criminal case has been filed, that’s the route to look at, not the no contact order.
Both orders run one way. Only the defendant or respondent is restricted. The protected person can legally initiate contact without violating the order, though doing so can complicate the case. For the defendant, any contact remains a violation regardless of who started it.
Standard No Contact Orders
The standard no contact order is governed by Arkansas Code 16-85-714. A court can issue one at or after the defendant’s first court appearance, and it operates as a condition of release from custody. The order prohibits the defendant from contacting the protected person directly or indirectly and from coming within a specified distance of that person’s home or workplace.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
Two situations allow a judge to issue the order. The first is when the defendant is charged with terroristic threatening, trafficking of persons, or first-degree false imprisonment. The second is broader: whenever it appears the defendant poses a danger of committing a serious crime, intimidating a witness, or interfering with the justice system. That second category gives courts room to issue the order in cases outside the three listed offenses.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
How Long It Lasts
A standard order stays in effect until the court modifies or terminates it. The judge can also extend it past the resolution of the criminal case to protect the victim, people living with the victim, or immediate family. The total duration cannot exceed one year from the date of issuance, or one year from the date of sentencing if the defendant is found guilty.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
The word “indirect” in the statute carries weight. Asking a friend to pass a message, posting something aimed at the victim on social media, or having a family member deliver a letter all count as contact.
Extended Post-Conviction No Contact Orders
The extended post-conviction order is a separate tool under Arkansas Code 5-4-106. It’s reserved for people convicted of specific serious crimes, and it can last for the rest of the defendant’s life. The prosecutor requests it, and the court decides at sentencing whether to impose one.3Justia. Arkansas Code 5-4-106 – Extended Post-Conviction No Contact Order
The qualifying offenses are:
- Capital murder or attempted capital murder
- First-degree murder or attempted first-degree murder
- Second-degree murder or attempted second-degree murder
- Kidnapping
- First-degree battery
- Second-degree battery
- Rape
- First-degree sexual assault
- First-degree domestic battering
- Second-degree domestic battering
- Aggravated assault on a law enforcement officer or correctional facility employee, if charged as a Class Y felony
When the prosecutor requests the order, the court directs the defendant to show cause why it should not be imposed. The hearing happens at sentencing, and the burden sits with the defendant to explain why the order isn’t needed. If the judge decides the order is warranted, the court sets the terms and the duration, which can run up to the defendant’s lifetime.3Justia. Arkansas Code 5-4-106 – Extended Post-Conviction No Contact Order
Extended orders can include a wider range of restrictions than a standard order. The court may order any combination of these: no harassment, assault, or interference with the victim; no following the victim, including to a workplace; no contact by phone, writing, or electronic means; and staying away from the victim’s home, school, workplace, or other named places whenever the victim is there.3Justia. Arkansas Code 5-4-106 – Extended Post-Conviction No Contact Order
Penalties for Violating a No Contact Order
Both types of orders carry teeth, though the enforcement procedure looks a little different for each.
Violating a Standard Order
When a defendant violates a standard no contact order, the court issues an arrest warrant and the defendant is brought before a judge. The court can hold the defendant for up to 24 hours while the prosecutor files a petition to revoke bond or change the release conditions. If the violation happens on a Friday or holiday, that window stretches to 48 hours.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
A hearing on the petition follows within 48 hours after the defendant appears, or 72 hours if the violation was on a Friday or holiday. If the court finds the defendant knowingly violated the order, the judge can impose additional release conditions or revoke the bond entirely and send the defendant back to jail to await trial. Separately, violating the order is a Class A misdemeanor, which carries up to one year in jail and a fine of up to $2,500.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions4Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
Violating an Extended Post-Conviction Order
Knowingly violating an extended post-conviction order is also a Class A misdemeanor, carrying the same maximum of one year in jail and $2,500 in fines.3Justia. Arkansas Code 5-4-106 – Extended Post-Conviction No Contact Order4Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount The real-world damage usually goes beyond the misdemeanor. A violation while on probation or parole can trigger revocation. Repeated violations tell a judge the defendant will not comply, which hurts any later request to modify or terminate the order.
The Federal Firearm Consequence
A no contact order can also trigger a federal firearm ban that many defendants and victims don’t know about. Under 18 U.S.C. ยง 922(g)(8), it is a federal crime to possess a firearm or ammunition while subject to a court order that meets three conditions:
- The order was issued after a hearing where the defendant had actual notice and a chance to participate.
- The order restrains the defendant from harassing, stalking, or threatening an intimate partner or the partner’s child, or from conduct that would place an intimate partner in reasonable fear of bodily injury.
- The order either includes a finding that the defendant is a credible threat to the physical safety of the intimate partner or child, or it explicitly prohibits the use or threatened use of physical force against them.
“Intimate partner” covers a spouse, former spouse, the parent of the defendant’s child, or anyone the defendant lives with or has lived with. Not every Arkansas no contact order will meet the three criteria. An order in a trafficking case involving strangers would not. An order tied to domestic battering or a partner-involved battery case very likely will.
The U.S. Supreme Court upheld this firearm ban in 2024 in United States v. Rahimi, holding that disarming a person who, under a restraining order, has been found to pose a credible threat to an intimate partner’s physical safety is consistent with the Second Amendment. The federal penalty runs up to 15 years in prison, far above the state misdemeanor penalty for violating the underlying order.
Changing or Ending the Order
Modification depends on which type of order is in place.
A standard order stays in effect until the court changes or terminates it. The statute does not lay out a formal petition process, so in practice an attorney for either side files a motion and the judge decides whether changed circumstances justify a change. Because the order is tied to the criminal case, it often ends when the case reaches final disposition, unless the court has extended it.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
For an extended post-conviction order, the process is spelled out. Either the prosecutor or the person subject to the order can petition the court to modify or terminate it. The petition must show that circumstances have substantially changed in a way that affects a specific term of the order or the original reason it was issued.3Justia. Arkansas Code 5-4-106 – Extended Post-Conviction No Contact Order That is a high standard. Simply finishing a sentence usually isn’t enough on its own. The petitioner has to show that the specific risks behind the order have meaningfully diminished.
Until a judge formally grants a modification, the order controls. Contact before that point is a violation even if both parties want the order lifted.
What To Do if You Are Covered by or Bound by One
If you are the protected person, there is nothing to file to get the no contact order itself; the court and prosecutor handle it. If you want broader civil protection, especially in a domestic situation without criminal charges, you can petition for an order of protection under Arkansas Code 9-15-201.2FindLaw. Arkansas Code Title 9 Family Law 9-15-201
If you are the defendant, read “no contact” literally. Indirect contact through third parties counts. Social media posts aimed at the victim count. Responding to contact the victim starts can still be treated as a violation, because the order binds only you. The safe approach is zero interaction with the protected person until a judge formally changes or ends the order. Anything that has to be worked out, including shared children, property, or logistics, should run through attorneys in the meantime.