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Legal Information: Arkansas

Restraining Orders

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Laws current as of November 6, 2024

Who can get an order of protection?

You may be eligible for an order of protection against a family or household member who has committed domestic violence against you. The abuser is a family or household members if s/he is:

  • a spouse or former spouse;
  • a parent or child;
  • any person related to you by blood within the 4th degree of consanguinity (this includes family relationships up to first cousins);
  • an in-law (related by marriage within the 2nd degree of consanguinity);1
  • any child residing in the household;
  • a person with whom you have (or had) a child in common;
  • a person with whom you currently live or have lived in the past;
  • a person with whom you have or have had a dating relationship (romantic or intimate).2

1 Ark. Code § 9-15-103(5)
2 Ark. Code § 9-15-103(4)

How will a judge decide if I am in a dating relationship with the abuser?

You may be eligible for an order or protection against an abuser with whom you have or have had a dating relationship.1

When deciding whether you and the abuser were in a dating relationship, the judge will consider:

  • the length of your relationship;
  • the type of relationship; and
  • the frequency of interaction between you and the abuser.2

A dating relationship does not include a casual relationship or ordinary socializing in a business or social context.3

1 Ark. Code § 9-15-103(4)
2 Ark. Code § 9-15-103(2)(A)
3 Ark. Code § 9-15-103(2)(B)

Can I get an order of protection if I am a minor?

A minor, under 18, cannot file the petition himself/herself even if the minor is married. Any adult family or household member or an employee or volunteer at a domestic violence shelter or organization may file on behalf of the minor.1 Note: A minor may be able to get an order of protection if s/he is residing in the household where the domestic abuse occurred. The minor does not have to be the direct victim of abuse in this case.2

1 Ark. Code § 9-15-201(d)(2), (d)(4)
2 Ark. Code § 9-15-103(4)