Know the Laws: Arkansas
UPDATED July 31, 2009
No Contact Orders are available when the abuser has been arrested and charged with a crime.
- What is a No Contact Order (Release, Bond/Pretrial Release, or Probation)?
- What are the benefits of a No Contact Order?
- What happens if a No Contact Order is violated?
- Where do I file for a No Contact Order?
back to topWhat is a No Contact Order (Release, Bond/Pretrial Release, or Probation)?
In a domestic violence case, a No Contact Order is only available when the abuser has been arrested and charged with a crime. These orders are much more limited than Orders of Protection in the relief they can offer. When criminal charges are involved, a No Contact provision can be made a condition of bond or pretrial release when the victim requests it (or by an attorney on the victim's behalf). Meaning if the abuser contacts you and violates the order, he may be put back in jail even if he was released on bail or for a period of probation.
For certain crimes, No Contact Orders are a mandatory condition of pretrial release. Meaning, if your abuser is released from jail before his criminal trial takes place, a No Contact Order is automatically issued when your abuser is charged with one of the following crimes:
- Stalking,
- Terroristic Threatening
- Harassment
- Harassing Communications, and/or
- Unauthorized Computerized Communications.
Upon pretrial release of your abuser, a judicial officer will enter a No Contact Order in writing and will give notice to the defendant (the person being charged with a crime ) of possible penalties.
The second type of No Contact Order is issued post trial or post plea agreement. It is issued as a condition of probation or suspended imposition of sentence.
A.C.A. § 9-15-212
back to topWhat are the benefits of a No Contact Order?
Although No Contact Orders are not a substitute for Civil Orders of Protection, No Contact Conditions placed on a defendant (the person being charged with a crime) at pre-trial or post-trial release in domestic abuse cases can be an additional tool for ensuring your safety.
Note: A No Contact Order does NOT address issues of financial support or child custody. Therefore, it may be important for you to also seek a Civil Order of Protection, which can address the crucial matters of financial support and child custody.
back to topWhat happens if a No Contact Order is violated?
If a No Contact Order is violated, your abuser can be arrested. A judge can then either make the conditions of your abuser's release from jail more strict, or order that your abuser be returned to jail (either for the remainder of his jail sentence or until the date of his criminal trial, if the trial has not taken place yet).
back to topWhere do I file for a No Contact Order?
An order for a defendant (the person charged with a crime) to have no contact with you and your family may be issued by Circuit and Municipal courts in association with criminal charges, as either a condition of the abuser's pretrial release/bond or as a condition of probation.
No Contact Orders are usually requested during a regularly scheduled proceeding (for example, the criminal hearing or trial); which means, no separate hearing is required. There are no forms for you to fill out and you do not have to be at the trial to get the order. Additionally, because the defendant is present at the proceeding in which the No Contact Order is requested, the abuser/defendant can be served in open court and place his actual signature on the No Contact Order form. Meaning, the No Contact Order will be in effect immediately.