The victim may need to appear in court to testify about what the abused person did to violate the injunction. Note that if the victim and the perpetrator reconcile, this does not invalidate the order. Only a court can refuse a protection order after the victim has filed an application. 4. Where a contact ban is imposed pursuant to this Section, the court shall inform the defendant of the penalties for non-compliance with the terms or conditions of the order. (3) A restraining order issued under this section may contain, but is not limited to: The terms “injunction” and “protection order” are often interchangeable in Arkansas. State courts issue a protection order to protect victims of domestic violence and others from perpetrators and to prevent such perpetrators from contacting the person in any way. A person who violates a protection order may face criminal penalties, including jail time and fines. If the judge requests a hearing on the application to rescind or vary the contact order, it may not be technically relevant whether the defendant is actually guilty or not, but if the victim wants to retract their previous testimony, now is a good time to do so. The judge will most likely want to hear about the steps being taken to prevent this from happening again.

Such as enrolling in anger management classes, attending Alcoholics Anonymous meetings, or testifying how long the two have been together and that this is the first and last time an incident like this will occur. The court may issue an order of non-contact between the victim and the perpetrator, in particular if they have pleaded not guilty in an indictment and as a condition of release to pre-trial detention. This order prohibits an abuser from communicating with a victim, family members or anyone who can testify against the victim. It may also prohibit individuals from contacting common children who have observed the abusive behavior of the parents. Those who file injunctions in Arkansas do not need a lawyer, but it is to their advantage to have one, especially if the author has one. Victims who cannot afford a lawyer can get legal aid through charitable programs and domestic violence shelters in their area. Arkansas does not charge a filing fee for a protection order. (A) the reasons why the court issued the restraining order, in specific terms and a description of the subject matter of the order with reasonable details; 2. A cease contact order made under this Division shall remain in force until it is amended or repealed by the court. (ii) If, at the end of a hearing, the court finds that the defendant knowingly breached the terms of a restraining order issued under this section, the court may impose additional conditions or conditions for release or revoke his or her obligation to appear.

A judge usually issues a restraining order as part of a criminal investigation. This type of order lasts only until the end of the case, when the order expires. The court may also set aside the order while the case is still pending. For example, the victim may request the lifting of the contact ban, and if a prosecutor does not object, the court may agree. Arkansas courts issue protection orders, sometimes called injunctions. A person files a protection order if they believe that another person is threatening their safety. This arrangement requires that the person who poses a perceived threat stay away from the person for a period of time. The order is usually made as a result of stalking, harassment or domestic violence. law.justia.com/codes/arkansas/2015/title-16/subtitle-6/chapter-85/subchapter-7/section-16-85-714/ (a) As used in this section, a “no-contact order” is an order made by a court to a defendant on or after the indictment for charges that prohibit the defendant from communicating directly or indirectly with a person in any way or from being located at a certain distance from the place of the person`s residence or place of work. If a victim and abuser live in different states, Arkansas courts may have no power over an out-of-state offender and often cannot issue an injunction against that person. However, there are exceptions: (i) the defendant knowingly breached the terms of a restraining order issued under this section; (iii) a law enforcement officer had reasonable grounds to believe that the defendant had contravened the terms of a restraining order issued under this section and that it was not possible to obtain an arrest warrant at the time of arrest.

(d) In the event of a conviction, the violation of a restraining order made under this article constitutes a category A offence. When a judge makes a unilateral order, the court is not required to notify an offender in advance, and the offender does not have to be present. An injunction protects the victim from the moment the court issues it until the hearing, which usually takes place within 30 days. Even if none of these circumstances are true, it does not necessarily mean that the court will not make the victim`s order. If an applicant applies for a protection order, a judge can issue it with their consent or find another way to let the order pass. If the judge cannot make an order, the victim can file an application in the aggressor`s condition, but will likely have to do so in person.