Orders of Protection
Thanks to the influence of movies, TV shows and common misusage of terms, there can be confusion or uncertainty surrounding protective orders, what they do, how they are obtained and how they are enforced. The Batesville Police Department hopes to better inform the community and citizens we serve in order to remove the confusion.
If you still have questions or concerns, please call us at 870-569-8111, come to our office during normal business hours (Monday-Friday, 8:00 AM-4:00 PM), or request contact from an officer through the Independence Co. Dispatch's non-emergency number (870-698-2450) outside of regular business hours or if you are incapable of contacting us through other means.
Please note: the Batesville Police Department cannot seek Orders of Protection or No Contact Orders on your behalf.
Orders of Protection
Orders of Protection are issued by the Circuit Court of Independence Co. to protect victims of Domestic Violence. In order to be eligible, the victim must have a domestic relationship (family member, household member, or in a dating relationship) with the offender as defined under Arkansas law. Parents, guardians or advocates may also obtain, or assist in obtaining, Orders of Protection on behalf of others in certain circumstances. Please refer to our Domestic Violence Information and Domestic Violence Resources pages for more information.
- The Family Violence Prevention office is available to assist victims with completing petition forms and applying
- There are no costs associated with the order, court advocacy, and no filing or service fees
- The completed application is presented to a Circuit Judge for review
- The Judge may have further questions for the applicant before they decide whether or not to issue the order (there must be sufficient grounds)
- If approved, the Judge will issue an Ex Parte (temporary) Order of Protection
- The order will be delivered to the Independence County Sheriff's Office to be served to the offender
- The order will not be valid until it has been served
- Once served, the Order will specify a court date and time for a hearing where the offender may appear to challenge the Order
- At the hearing, the Judge may make the Order permanent (up to ten (10) years) or terminate the Ex Parte Order
Orders of Protection provide several temporary legal functions and powers for the protected party including:
- Custody of children/dependents to the applicant
- Spousal support
- Possession of a residence/personal property
- Prevent the offender from having any contact with the victim, victim's children, family, etc.
Enforcement
Any person who violates any provision of an Order of Protection has committed a crime pursuant to A.C.A. § 5-53-134 Violation of a protection order, a Class A Misdemeanor punishable by a $1,000.00 (USD) fine and/or up to one (1) year in jail. The Judge who issued the Order may also punish the offender for A.C.A. § 16-10-108 Contempt of Court.
Violators of an Order of Protection can be arrested warrantlessly even if the officer was not present at the time the violation occurred.
No Contact Orders
Any person arrested for a criminal offense resulting from a Domestic Violence incident will generally be issued a standing No Contact Order at the time of their release from custody.
- The Order is issued as a condition of bail/release
- The Order remains in effect until terminated by a Judge
- Generally not valid for more than two (2) years
Enforcement
Violation of a No Contact Order is not a crime. Rather, the individual has violated their conditions of bail/release, and may be taken back into custody by an officer until appearing in person before a Judge. Essentially, the bail is revoked.
