Templates Family Law Domestic Violence Protection Order
Domestic Violence Protection Order
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DISCLAIMER
This template is provided for general drafting and educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may require modification to comply with local rules and the facts of a particular matter. Counsel licensed in Arkansas should review and customize this form before filing or relying on it.


PROPOSED ORDER OF PROTECTION

(Domestic Abuse – Arkansas)

IN THE CIRCUIT COURT OF [__] COUNTY, ARKANSAS
DOMESTIC RELATIONS DIVISION

Case No.: [______]

Petitioner: [Full Legal Name] (“Petitioner”)
v.
Respondent: [Full Legal Name] (“Respondent”)

Effective Date: [__ , 20__]
Expiration Date: [__ , 20__] (not to exceed five (5) years absent extension – Ark. Code Ann. § 9-15-205(a))

[// GUIDANCE: Select “Ex Parte Order” or “Final Order” below and delete the inapplicable bracketed phrase.]
☐ Ex Parte Order (Ark. Code Ann. § 9-15-203)
☐ Final Order After Hearing (Ark. Code Ann. § 9-15-204)


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Intentionally Limited)
VIII. Dispute Resolution & Continuing Jurisdiction
IX. General Provisions
X. Execution & Certification


I. DOCUMENT HEADER

A. Jurisdiction & Governing Law
This Order is issued pursuant to the Arkansas Domestic Abuse Act, Ark. Code Ann. § 9-15-201 et seq., and the inherent equitable authority of this Court.

B. Findings & Recitals
1. On [date], Petitioner filed a sworn Petition for Order of Protection alleging domestic abuse as defined by Ark. Code Ann. § 9-15-103.
2. The Court has jurisdiction over the parties and the subject matter.
3. Service of process was effected on Respondent on [date]/☐ Waived.
4. [If Final Order:] The Court conducted a hearing on [date], with both parties having an opportunity to be heard, and finds by a preponderance of the evidence that domestic abuse occurred and that protection is necessary and appropriate.


II. DEFINITIONS

The following terms, when capitalized, have the meanings set forth below and apply throughout this Order:

“Acts of Domestic Abuse” – conduct described in Ark. Code Ann. § 9-15-103, including but not limited to physical harm, threat thereof, or fear of imminent bodily injury.

“Court” – the Circuit Court of [__] County, Arkansas, Domestic Relations Division.

“No-Contact Provision” – the prohibitions contained in Section III.A of this Order.

“Protected Persons” – Petitioner and the following minor children or other household members: [Names & DOBs].

“Residence” – the dwelling located at [street address], or any subsequent dwelling lawfully occupied by Petitioner.

[// GUIDANCE: Add additional defined terms as needed for custody, support, or other relief.]


III. OPERATIVE PROVISIONS

A. No-Contact & Stay-Away
1. Respondent SHALL NOT directly or indirectly contact, molest, attack, threaten, harass, or otherwise interfere with Petitioner or any Protected Person.
2. Respondent SHALL remain at least [_] yards/meters from:
a. Petitioner and Protected Persons;
b. Petitioner’s Residence;
c. Petitioner’s place of employment/education located at [
_____]; and
d. [Other specific locations].

B. Exclusion from Residence
Respondent is excluded from the Residence effective immediately, regardless of ownership or leasehold interest. Respondent may retrieve personal effects only once, on [date/time], in the presence of a law-enforcement officer.

C. Firearms & Dangerous Weapons
1. Pursuant to Ark. Code Ann. § 9-15-205(b) and 18 U.S.C. § 922(g)(8), Respondent SHALL NOT possess, transfer, or purchase any firearm or ammunition for the duration of this Order.
2. Respondent SHALL surrender all firearms and ammunition to the [County Sheriff/Police Department] within twenty-four (24) hours of service of this Order and file proof of surrender within forty-eight (48) hours.

D. Temporary Custody & Visitation (if applicable)
1. Petitioner is awarded temporary sole legal and physical custody of the minor child(ren) listed in Section II.
2. Visitation for Respondent is ☐ denied ☐ supervised at [facility/third-party] on [days/times] subject to further order.

E. Temporary Support (if applicable)
Respondent SHALL pay temporary child/spousal support in the amount of $[_____] per [week/month] beginning [date], in accordance with Arkansas Family Support Chart guidelines.

F. Batterer Intervention Program
Respondent is ORDERED to enroll in and complete a court-approved batterer intervention program within [___] days.

G. Law-Enforcement Assistance & NCIC Entry
1. A certified copy of this Order shall be provided to the [County] Sheriff for immediate entry into the Arkansas Crime Information Center (ACIC) and the National Crime Information Center (NCIC) in accordance with Ark. Code Ann. § 9-15-207.
2. Law-enforcement officers are authorized to enforce this Order statewide upon probable cause of violation.

H. Duration & Extension
This Order remains in effect until the Expiration Date stated above unless:
a. Extended upon timely petition by Petitioner under Ark. Code Ann. § 9-15-205(a); or
b. Modified or dissolved by further order of this Court.


IV. REPRESENTATIONS & WARRANTIES

A. Petitioner represents, warrants, and declares under penalty of perjury:
1. A qualifying domestic relationship exists under Ark. Code Ann. § 9-15-103.
2. Specific incidents of domestic abuse occurred on or about [dates] as set forth in the Petition.

B. Respondent, by appearance or through counsel, represents that all identifying information provided herein is accurate for service and enforcement purposes.

[// GUIDANCE: Representations in court orders are typically limited; adjust if the court requires additional sworn statements.]


V. COVENANTS & RESTRICTIONS

A. Respondent covenants to:
1. Strictly comply with all terms of this Order.
2. Appear at all further hearings noticed in this matter.
3. Notify the Court and Petitioner in writing of any change in residence within 48 hours.

B. Petitioner covenants to:
1. Provide updated contact information to the Court for service of notices.
2. Refrain from initiating voluntary contact that is inconsistent with this Order.


VI. DEFAULT & REMEDIES

A. Events of Default
1. Any violation of Section III constitutes an Event of Default.
2. Failure to complete the batterer intervention program or to surrender firearms within the prescribed timeframe.

B. Consequences & Graduated Remedies
1. Immediate arrest without warrant under Ark. Code Ann. § 5-53-134(a).
2. Criminal prosecution for a Class A misdemeanor (first offense) or Class D felony (second/subsequent offense) per Ark. Code Ann. § 5-53-134(b).
3. Civil contempt proceedings with fines up to $500 and/or jail up to thirty (30) days per violation.
4. Extension or modification of this Order, including additional restrictive terms.

C. Attorney’s Fees & Costs
The prevailing party in any enforcement action may recover reasonable attorney’s fees and costs, subject to proof and the Court’s discretion.


VII. RISK ALLOCATION

[INTENTIONALLY LIMITED – INDEMNIFICATION AND LIABILITY CAPS NOT APPLICABLE TO THIS EQUITABLE ORDER.]


VIII. DISPUTE RESOLUTION & CONTINUING JURISDICTION

A. Governing Law
This Order is governed by the laws of the State of Arkansas.

B. Forum Selection
The Circuit Court of [__] County, Arkansas, Domestic Relations Division, retains exclusive jurisdiction over enforcement, modification, and contempt proceedings.

C. Arbitration & Jury Trial
Not applicable; family-law matters in Arkansas are not subject to arbitration, and no jury trial is available in domestic-relations contempt proceedings.

D. Injunctive Relief Preservation
Nothing herein limits the Court’s inherent authority to issue further injunctive relief upon motion and proper showing.


IX. GENERAL PROVISIONS

A. Amendment & Waiver
This Order may be amended only by a subsequent written order of this Court. No provision may be waived except by such order.

B. Severability
If any provision of this Order is declared unenforceable, the remaining provisions remain in full force and effect to the maximum extent permitted by law.

C. Integration
This document constitutes the entire protective order between the parties and supersedes all prior oral or written directives on the subject matter herein.

D. Copies & Electronic Signatures
Certified copies and electronically signed or transmitted versions of this Order shall be deemed originals for all enforcement purposes.


X. EXECUTION & CERTIFICATION

SO ORDERED this [____] day of [Month], 20[__].


Judge [Full Name]
Circuit Judge, [__] County
Domestic Relations Division

[COURT SEAL]


ACKNOWLEDGMENT OF RESPONDENT

I, [Respondent Name], hereby acknowledge receipt of this Order of Protection and understand its terms.

Date: __ Signature: ____


SERVICE CERTIFICATE

I certify that a true and correct copy of this Order was served on Respondent by ☐ personal delivery ☐ certified mail ☐ other authorized method on [date].

Name & Title: ___
Signature:
___ Date: _____


[// GUIDANCE:
1. Ensure the “Expiration Date” does not exceed five years.
2. Confirm local circuit-court rules for required cover sheets or additional findings.
3. For ex parte orders, delete provisions that require findings after hearing (e.g., Section IV.B).
4. Attach any “Law Enforcement Supplement” pages mandated by the Administrative Office of the Courts.
5. File a completed “Confidential Information Sheet” under Ark. Sup. Ct. Admin. Order 19 for parties’ sensitive data.]

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