ARKANSAS: Injunctions / Protection Orders

Arkansas Law (Title 9, Chapter 15) defines "Domestic abuse" as any physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or any sexual conduct between family or household members, whether minors or adults, which constitutes a crime under the laws of this state.

An Injunction for Protection may order the abuser to immediately stop the violence or harassment, to leave the shared home, to avoid contact with the victim at home, work or school, to attend batterer's intervention and/or appropriate counseling. The injunction can also provide for temporary custody, visitation, and child or spousal support.


9-15-205. Relief generally - Duration. (a) At the hearing on the petition, the circuit court may provide the following relief: (1) Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner or victim; (2) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim; (3) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties; (4) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards; (5) Allow the prevailing party a reasonable attorney's fee as part of the costs; (6) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and (7)(A) Order such other relief as the court deems necessary or appropriate for the protection of a family or household member. (B) The relief may include, but not be limited to, enjoining and restraining the abusing party from doing, attempting to do, or threatening to do any act injuring, mistreating, molesting, or harassing the petitioner. (b) Any relief granted by the court for protection under the provisions of this chapter shall be for a fixed period of time not less than ninety (90) days nor more than two (2) years in duration, and may be renewed at a subsequent hearing upon proof and a finding by the court that the threat of domestic abuse still exists. 9-15-207. Protection order - Enforcement - Penalties - Criminal jurisdiction. (a) Any order of protection granted pursuant to this chapter shall be enforceable by any law enforcement agency with proper jurisdiction. (b) Any order of protection shall include a notice to the respondent or party restrained that 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. REQUIREMENTS: The petition shall be filed in the county where the petitioner resides, where the alleged incident of abuse occurred, or where the respondent may be served. (c) A petition for relief under this chapter shall be filed in the circuit court. (d) A petition may be filed by: (1) Any adult family or household member on behalf of himself or herself; (2) Any adult family or household member on behalf of another family or household member who is a minor, including a married minor; (3) Any adult family or household member on behalf of another family or household member who has been adjudicated an incompetent; or (4) An employee or volunteer of a domestic-violence shelter or program on behalf of a minor, including a married minor. (e) A petition for relief shall allege the existence of domestic abuse and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the domestic abuse and the specific relief sought. (f) The petition may be filed regardless of whether there is any pending litigation between the parties. (g) A person's right to file a petition, or obtain relief hereunder shall not be affected by his or her leaving the residence or household to avoid abuse. 9-15-206. can provide security since (g)(1)(A) A petitioner may omit his or her home or business address from all documents filed with the court. (B) If a petitioner omits his or her address, the petitioner must provide the court with a mailing address. FILING FEES 9-15-202. Filing fees. (a) The court, clerks of the court, and law enforcement agencies shall not require any initial filing fees or service costs. (b) Established filing fees may be assessed at the full hearing. (c)(1) The abused in any domestic violence petition for relief for a protection order sought pursuant to this subchapter shall not bear the cost associated with its filing, or the costs associated with the issuance or service of a warrant and witness subpoena. (2) Nothing in this subsection shall be construed to prohibit a judge from assessing costs if the allegations of abuse are determined to be false. WHEN IS THE HEARING (a) When a petition is filed pursuant to this chapter, the circuit court shall order a hearing to be held thereon not later than thirty (30) days from the date on which the petition is filed or at the next court date, whichever is later. (b) Service shall be made upon the respondent at least five (5) days prior to the date of the hearing. If service cannot be made on the respondent, the court may set a new date for the hearing. WHAT ABOUT MY KIDS? 9-15-215. Factors in determining custody and visitation. (a) In addition to other factors that a circuit court shall consider in a proceeding in which the temporary custody of a child or temporary visitation by a parent is at issue and in which the court has made a finding of domestic or family violence, the court shall consider: (1) As primary the safety and well-being of the child and of the parent who is the plaintiff of domestic or family violence; and (2) The defendant's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person. (b) If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation. (c) There shall be a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases where there is a finding by a preponderance of the evidence that a pattern of abuse has occurred. You also may file any of these petitions on behalf of any minor child (under 18) who is living at home and who is the victim of the violence for which protection is sought.

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Where to File

You have three choices of location when filing your petition with the clerk of the court. You can file in any ONE of the three, but can NOT file in more than one county:

- where you were living when the violence occurred
- where you live now, if you are currently or temporarily living in a different county
- in the county where your abuser lives

To find or contact the Clerk of The Court for your county, check the Directory of County Court Clerks.

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How to File

BEFORE filing for an injunction, it is VITAL that you have a safety plan in place for you and your children. You are taking a step to protect yourself from your abuser and asking the court to order your abuser NOT to do certain things like coming around you and to do DO certain things like pay child support. These actions will threaten an abuser's sense of control over you, and it is vital that take you steps to protect yourself from revengeful actions and repercussions. Please see our basic safety plan and then speak with an advocate at a domestic violence program near you.

To file an Injunction for Protection you must appear in person in the Clerk's Office - hours at most locations are weekdays, 8:00 a.m. - 5:00 p.m. It takes one to two hours to file. Arrive early. An advocate or clerk can assist in preparing the paper work.



If you fear that giving out your address will put you in danger, tell the clerk and s/he will help you fill out a form to ask the court to allow you to keep your address a secret. This is called a Request for Confidential Filing of Address.

You will have to sign the forms in front of a notary or in front of the Clerk of Court at the Courthouse in your area.

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Help with Filing and Legal Issues

As with most issues, your best resource is your local domestic violence program. Most can help to answer questions and walk you throught the process. Advocates can provide emotional support in addition to tips and information.

For the petition process, you can go to court without a lawyer. Representing yourself is called "pro se". Many people have been successful in getting Injunctions when they have gone pro se, yet in many situations it would be to your advantage to have an attorney to help you through this process; like if your abuser has an attorney or if child support or custody issues might be involved.

If you do not want to or cannot hire an attorney, there are many people who can help you go through this process. Having another person give you support through this process can be a tremendous help and could make it more likely for a judge to grant your order. Many domestic violence programs have advocates located in their local court buildings to provide support and assistance to victims. Please take advantage of their experience and services.

If you believe you need legal advice, call your attorney. If you do not have an attorney, call The Florida Bar Lawyer Referral Service at 1-800-342-8011, or the local lawyer referral service or legal aid office listed in the yellow pages of your telephone book.

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What to Expect

As the process is similar in many states, please see our section on General Steps to Protection Orders.

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After Granting

After receiving a certified copy of the permanent injunction, keep a copy with you at all times. Make extra copies to give to schools, landlords, work, etc.

Either party (you or your abuser) may request changes to the injunction at any time, but only the Court may modify or dismiss the injunction. Permanent Injunctions are valid and enforceable in all states after service by law enforcement, but each state has special rules regarding enforcement of out-of-state Injunctions. Only the respondent (abuser) can be punished for criminal violations of the Injunction.

If the respondent (abuser) criminally violates the injunction, the police should be called immediately. If the abuser commits a civil violation, such as refusing to obey custody, visitation, or support orders, the Clerk of Courts should be contacted.

Keep a journal of all violations and document the nature of the contact, include names of witnesses and dates. Evidence such as threatening messages or letters should be saved. If there has not been an arrest, the petitioner may go to the Clerk of the Courts to file either an Affidavit in Support of Violation or a Motion for Contempt, depending on the type of violation.

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Enforcement

Your Final Injunction and Temporary ex parte Injuction are good where ever you go in Florida. 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 policies in your state 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 a domestic violence 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 (1-800-256-5883, ext. 2) for information on enforcing your order there.

Injunctions may not be enforceable on military bases, and military protective orders may not be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details.