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)