Arkansas Restraining Order Laws (2026): How to Get a Protective Order
Arkansas Restraining Order Laws (2026): How to Get a Protective Order
In Arkansas, an Order of Protection under the Domestic Abuse Act is available to family or household members, including dating partners; a final order can last from 90 days to 10 years at the court's discretion. Victims outside a qualifying domestic relationship must rely on the criminal stalking statute rather than a separate civil order track.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Arkansas
Arkansas has one primary civil protective order track. The Order of Protection is issued under the Domestic Abuse Act, codified at Ark. Code Ann. 9-15-201 et seq., and is available to victims within qualifying family or household relationships. It can require the respondent to stop all contact, vacate a shared home, stay away from the petitioner's home or workplace, and complete counseling.
Arkansas does not provide a separate standalone civil harassment order for victims who lack a qualifying domestic relationship with the respondent. Individuals who are being stalked or harassed by a stranger, coworker, or acquaintance are not without recourse, but their primary legal path runs through the criminal courts via Arkansas's stalking statutes rather than through a separate civil protective order petition. If you have experienced criminal stalking or harassment by someone outside a qualifying relationship, speaking with law enforcement about criminal charges is the recommended starting point.
Who can get a restraining order in Arkansas?
To qualify for an Order of Protection in Arkansas, the petitioner must be a family or household member of the respondent. Under Ark. Code Ann. 9-15-201, the following relationships qualify:
- Spouse or former spouse
- Parent, stepparent, or child
- Persons related by blood or marriage
- Persons who have resided in the same household
- Persons who share a child in common
- Persons currently or formerly in a dating relationship
The inclusion of dating partners is important: you do not need to have lived with the respondent or be married to seek an Order of Protection, as long as a dating relationship exists or existed. A parent or legal guardian may also petition on behalf of a minor child. If you are unsure whether your situation qualifies, a court self-help center or domestic-violence advocate can help you assess your options without cost.
How to file for a restraining order in Arkansas
You file a petition for an Order of Protection in the Circuit Court, family or domestic relations division. You may file in the county where you reside, where the respondent resides, or where the alleged abuse occurred. This flexibility means you are not required to file in the respondent's home county if that would create a safety concern.
Filing is free. Under the federal Violence Against Women Act, a court cannot charge a filing fee or service fee for a domestic-violence protective order. To begin, you complete a petition form describing your relationship with the respondent and the specific acts of abuse or threatened abuse. The forms are available at the circuit court clerk's office. Court self-help centers can assist you in completing the paperwork, and many local domestic-violence programs offer free advocates who can accompany you to court and help you prepare your petition.
Once you file, the court reviews the petition. If the judge finds that abuse has occurred or that there is a credible threat, the court can issue an ex parte temporary order the same day. The order is then served on the respondent by law enforcement, triggering the 30-day countdown to the full hearing.
Temporary vs. final orders: how long they last
Arkansas's Order of Protection operates in two stages. First, the court may issue an ex parte temporary order the same day you file, without the respondent being present. That temporary order remains in effect until the date of the full hearing.
| Phase | How it works | Duration |
|---|---|---|
| Ex parte temporary order | Issued same day; respondent not present | In effect until the scheduled full hearing |
| Final order (after hearing) | Both parties appear; court weighs the evidence | 90 days to 10 years at court's discretion; renewable |
The full hearing must be set within 30 days of the petition. At the hearing, both parties have an opportunity to present their case. If the court grants a final Order of Protection, it sets a specific expiration date. Arkansas law requires the duration to be at least 90 days and no more than 10 years. If the threat of abuse continues after the order expires, you may petition to renew it by showing the threat persists.
Firearms and an Arkansas protective order
Arkansas law requires every Order of Protection to include the federal notice required under 18 U.S.C. 922(g)(8). That federal statute prohibits any person who is subject to a qualifying protective order, issued after a hearing with notice to the respondent, from possessing firearms or ammunition for the duration of the order. The prohibition is nationwide and applies automatically once a qualifying final order is in place.
Unlike some other states, Arkansas does not have its own separate statutory mechanism requiring respondents to physically surrender their firearms to law enforcement upon service of the order. However, the federal firearm prohibition still applies by operation of federal law the moment a qualifying final order takes effect. Courts may include specific firearm directives in the order itself, so it is worth asking the court directly about what the order's language requires regarding firearms.
What happens if someone violates the order?
Violating an Arkansas Order of Protection is a criminal offense. Under Ark. Code 9-15-207, a first violation is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. If the respondent commits a second violation within five years of the first, the offense escalates to a Class D felony, which carries a sentence of up to six years in prison.
Arkansas law authorizes a peace officer to arrest the respondent without a warrant when the officer has probable cause to believe that a valid Order of Protection has been violated. This means that if the respondent contacts you, comes near your home or workplace, or otherwise violates the order's terms, law enforcement can act immediately without waiting for a judge to issue an arrest warrant.
If the order is violated, call 911 right away. Document every violation with as much detail as possible: the date and time, exactly what the respondent did, any witnesses, and any messages or other evidence. Report the violation to the court as well. Each documented violation strengthens the record and may support additional criminal charges or an extended order at your next hearing.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More Arkansas Laws
- Arkansas AI Meeting Recording Laws
- Arkansas Alimony Laws
- Arkansas At-Will Employment Laws
- Arkansas Car Accident Laws
- Arkansas Car Seat Laws
- Arkansas Child Custody Laws
- Arkansas Child Support Laws
- Arkansas Common Law Marriage Laws
- Arkansas Data Privacy Laws
- Arkansas Divorce Laws
- Arkansas Dog Bite Laws
- Arkansas Emancipation Laws
- Arkansas Expungement Laws
- Arkansas Hit and Run Laws
- Arkansas Landlord-Tenant Laws
- Arkansas Lemon Laws
Sources
- Ark. Code Ann. 9-15-201 through 9-15-225 (Domestic Abuse Act): https://www.arcourts.gov/self-help/domestic-violence
- Arkansas Courts self-help resources: https://www.arcourts.gov/self-help
- Arkansas General Assembly (full statute text): https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2019%2FPublic%2F
- Arkansas Courts Circuit Court locator: https://www.arcourts.gov/courts/circuit-courts
Related
- Restraining Order Laws by State (hub)
- Arkansas Recording Laws (documenting harassment and threats)
- Arkansas Self-Defense Laws (stand your ground and castle doctrine in Arkansas)
