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. Arkansas has no separate civil harassment order, so victims outside a qualifying domestic relationship generally rely on the criminal stalking statutes, though a 2025 amendment added video voyeurism to the definition of domestic abuse.

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.

One 2025 change narrows that gap. Act 765 of the 2025 Regular Session (Senate Bill 555, approved April 17, 2025) amended the definition of domestic abuse in Ark. Code Ann. 9-15-103(4) to add a new subdivision (C): an act of secretly observing, viewing, photographing, filming, or videotaping another person that constitutes the criminal offense of video voyeurism under 5-16-101. The Act's own title states its purpose as making an order of protection available to a victim of video voyeurism, and unlike subdivisions (A) and (B) the new subdivision contains no limiter requiring that the conduct occur between family or household members.

How far that reaches is not yet settled, because the chapter's petition provision still describes who may file in terms of family or household members. If you were secretly recorded, it is worth asking the circuit clerk or a domestic-violence advocate whether a petition under this provision is available in your county rather than assuming the civil door is closed.

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 the Domestic Abuse Act, the following relationships qualify:

• Spouse or former spouse
• Parent, stepparent, or child
• Persons related by blood within the fourth degree of consanguinity
• In-laws, meaning persons related by marriage within the second degree of consanguinity
• Any children residing in the household
• Persons who presently or in the past have resided or cohabited together
• 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. Ark. Code Ann. 9-15-201(c)(2) also allows a petition to be filed in a pilot district court where the Supreme Court has established that jurisdiction under Amendment 80, Section 7 and Administrative Order No. 14, so ask the clerk which court hears these petitions in your county. Under Ark. Code Ann. 9-15-201(b), you may file in the county where you reside, where the alleged incident of abuse occurred, or where the respondent may be served. Arkansas defines the county where the petitioner resides to include a county where the petitioner is staying short-term in a domestic-violence shelter, so leaving home for a shelter does not force you to file back in the county you left.

Filing is free for the petitioner, and the controlling authority is state law. Ark. Code Ann. 9-15-202(a)(1) bars the court, the clerks of the court, and law enforcement agencies from requiring any initial filing fees or service costs, and subsection (c)(1) provides that the abused party does not bear the cost of filing or the costs of issuing and serving a warrant or witness subpoena. Two qualifications in the same section are worth knowing: established filing fees may be assessed against the respondent at the full hearing, and a judge may assess costs against a petitioner if the allegations of abuse are determined after a hearing to be false. 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, and the court sets the full hearing on the timeline described below.

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.

Under Ark. Code Ann. 9-15-204(a)(1), the court must order the full hearing to be held not later than 30 days from the date the petition is filed or at the next court date, whichever is later, so in a county with an infrequent docket the hearing can lawfully fall past day 30. The statute also does not stop a court from setting an earlier hearing, and the respondent must be served at least five days before the hearing date. 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. Since the final order and its length turn on what both sides show at the full hearing, have an Arkansas family lawyer help you prepare your evidence for that hearing, starting with a free case evaluation (attorney advertising).

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, and the offense is created by Ark. Code Ann. 5-53-134 rather than by the protective-order statute itself. Violation of an order of protection is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.

It rises to a Class D felony, carrying up to six years in prison, only when both conditions in 5-53-134(b)(2) are met: the offense is committed within five years of a previous conviction for violation of an order of protection, and the order was issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate. A second violation that never produced a conviction does not trigger the felony, and repeated violation of an ex parte order issued without a hearing does not either.

Ark. Code Ann. 9-15-207(b) is the companion provision. It does not create the offense; it requires the order itself to give the respondent written notice of these penalty grades and of the federal firearm prohibition.

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.

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)

More Arkansas Laws

• Arkansas Child Custody Laws
• Arkansas Divorce Laws
• Arkansas GPS Tracking Laws
• Arkansas Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Arkansas?

File a petition for an Order of Protection at the Circuit Court in the county where you live, where the alleged abuse occurred, or where the respondent can be served. Some counties also allow filing in a pilot district court. There is no filing fee or service cost for the petitioner. A court self-help center or local domestic-violence advocate can help you complete the forms. If the judge finds reasonable cause, the order can be issued the same day.

How long does a restraining order last in Arkansas?

A final Order of Protection in Arkansas lasts a minimum of 90 days and a maximum of 10 years, with the exact duration set by the court at the hearing. If the threat continues after the order expires, you can petition to renew it.

How much does a restraining order cost in Arkansas?

Filing for an Order of Protection in Arkansas is free for the petitioner. Ark. Code Ann. 9-15-202 bars the court, the court clerks, and law enforcement agencies from requiring any initial filing fee or service cost. Established filing fees may be assessed against the respondent at the full hearing, and a judge may assess costs against a petitioner if the allegations are determined after a hearing to be false.

Can I get a restraining order without a police report?

Yes. A police report is not required to petition for an Order of Protection in Arkansas. You file a written petition with the court describing your relationship with the respondent and the specific conduct that prompted your request. The court evaluates your petition on its own merits.

Does a restraining order take away gun rights in Arkansas?

A qualifying final Arkansas Order of Protection, issued after a hearing with notice to the respondent, triggers the federal firearm ban under 18 U.S.C. 922(g)(8). The respondent may not possess firearms or ammunition anywhere in the United States for the duration of the order. Arkansas law requires this federal notice to be included in every order.

What happens if the abuser violates the order?

Violating an order of protection is a Class A misdemeanor under Ark. Code Ann. 5-53-134, punishable by up to one year in jail and a fine up to $1,000. It rises to a Class D felony, with up to six years in prison, only if the offense is committed within five years of a previous conviction for violating an order of protection and the order was issued after a hearing of which the person had actual notice and at which the person could participate. Police can arrest without a warrant on probable cause of a violation. Call 911 immediately and document the violation.

Does Arkansas have a restraining order for non-domestic situations?

Arkansas does not have a standalone civil harassment order for situations where there is no qualifying domestic or family relationship, so victims of stalking or harassment by a stranger or acquaintance usually go to law enforcement about the criminal stalking statutes. One narrow change came in 2025: Act 765 added video voyeurism under Ark. Code Ann. 5-16-101 to the definition of domestic abuse, and that subdivision carries no family or household member limiter.