A no contact order in Arkansas is a criminal court order that bars a defendant from contacting a victim, witness, or their family, either as a condition of release before trial or as part of a sentence after conviction. Two separate statutes govern these orders: Arkansas Code 16-85-714 covers standard no contact orders tied to pending cases, and Arkansas Code 5-4-106 covers extended post-conviction orders reserved for serious violent and sexual offenses. The qualifying charges, duration, and modification rules differ between the two, but violating either is a Class A misdemeanor and can trigger federal firearm consequences that outweigh the state penalty.
How a No Contact Order Differs From an Order of Protection
These two tools get mixed up often, and the difference matters. A no contact order is criminal. The court imposes it or the prosecutor requests it as part of a pending or resolved criminal case. The victim does not file for it.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
An order of protection is civil. A family or household member files a petition in circuit court alleging domestic abuse, and the court can grant it whether or not criminal charges exist.2FindLaw. Arkansas Code Title 9 Family Law 9-15-201
Both are one-way. Only the defendant or respondent is restricted. The protected person can legally initiate contact without violating the order, though doing so can complicate the case.
When Courts Issue a Standard No Contact Order
Under Arkansas Code 16-85-714, a court can issue a no contact order at or after the defendant’s first appearance, and it operates as a condition of release. Two situations open the door.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
The first is a charge for one of three named offenses:
- Terroristic threatening
- Trafficking of persons
- False imprisonment in the first degree
The second is broader. The court can issue an order any time it appears the defendant poses a danger of committing a serious crime, intimidating a witness, or interfering with the justice system. That catchall gives judges room to impose no contact orders in cases well beyond the three named charges.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
How Long a Standard Order Lasts
A standard order stays in effect until the court modifies or terminates it. The court can extend it past the resolution of the criminal case if the extra time is needed to protect the victim, people living with the victim, or immediate family members. Total duration cannot exceed one year from the date of issuance, or one year from sentencing if the defendant is found guilty.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
Extended Post-Conviction No Contact Orders
Arkansas Code 5-4-106 authorizes a separate, longer-lasting order for people convicted of specific serious offenses. The prosecutor requests it, and the court decides at sentencing whether to impose one.3Justia. Arkansas Code 5-4-106 – Extended Post-Conviction No Contact Order
Qualifying offenses include:
- Capital murder or attempted capital murder
- Murder in the first degree or attempted murder in the first degree
- Murder in the second degree or attempted murder in the second degree
- Kidnapping
- Battery in the first degree
- Battery in the second degree
- Rape
- Sexual assault in the first degree
- Domestic battering in the first degree
- Domestic battering in the second degree
- Aggravated assault on a law enforcement officer or correctional facility employee, if charged as a Class Y felony
When the prosecutor makes the request, the court orders the defendant to show cause at sentencing why the order should not be imposed. The burden is on the defendant. If the court decides the order is warranted, it sets the terms and the length, which can run up to the defendant’s lifetime.3Justia. Arkansas Code 5-4-106 – Extended Post-Conviction No Contact Order
What the Order Prohibits
A standard order bars the defendant from contacting the protected person in any manner, directly or indirectly, and from coming within a set distance of that person’s home or workplace. “Indirect” is doing real work in that language. Asking a friend to pass a message, posting something aimed at the victim on social media, or routing a letter through a family member all count as contact.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
Extended post-conviction orders can carry a wider set of restrictions tailored to the case. The court can include any combination of:
- Ordering the defendant not to harass, assault, or interfere with the victim
- Barring the defendant from following the victim, including to the victim’s workplace
- Prohibiting contact by phone, written communication, or electronic means
- Requiring the defendant to stay away from the victim’s home, school, workplace, or other specified locations when the victim is present
Penalties for Violating a No Contact Order
Both types of orders carry enforcement teeth, but the mechanics differ.
Violating a Standard Order
When the defendant violates a standard order, the court issues an arrest warrant and the defendant is taken before a judge. The court can detain the defendant for up to 24 hours while the prosecutor files a petition to revoke bond or change the release conditions. If the violation happens on a Friday or holiday, that window extends to 48 hours.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
The defendant gets a hearing on the petition within 48 hours of appearing before the court, or 72 hours for a Friday or holiday violation. If the court finds the defendant knowingly violated the order, it can add release conditions or revoke the appearance bond entirely, sending the defendant back to jail to await trial. On top of that, a conviction for violating a standard no contact order is a Class A misdemeanor: up to $2,500 in fines and up to one year in jail.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions4Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
Violating an Extended Post-Conviction Order
Knowingly violating an extended post-conviction order is also a Class A misdemeanor, with the same maximum of $2,500 in fines and one year in jail.3Justia. Arkansas Code 5-4-106 – Extended Post-Conviction No Contact Order4Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
The practical fallout runs further. A violation while on probation or parole can trigger revocation. Repeated violations tell the court the defendant is not willing to comply, which cuts against any later request to modify or end the order.
Federal Firearm Consequences
A no contact order can trigger a federal firearm ban that many defendants do not see coming. Under 18 U.S.C. ยง 922(g)(8), it is a federal crime to possess a firearm or ammunition while subject to a court order that meets three criteria:
- The order was issued after a hearing where the defendant had actual notice and a chance to participate.
- The order restrains the defendant from harassing, stalking, or threatening an intimate partner or the partner’s child, or from conduct that would place an intimate partner in reasonable fear of bodily injury.
- The order either includes a finding that the defendant is a credible threat to the physical safety of the intimate partner or child, or it explicitly prohibits the use or threatened use of physical force against them.
“Intimate partner” covers a spouse, former spouse, the parent of the defendant’s child, or someone the defendant lives with or has lived with. Not every Arkansas no contact order will qualify. An order in a trafficking case involving strangers, for instance, would not, because the protected person is not an intimate partner. Orders tied to domestic battering or similar partner-involved cases very likely will.
In 2024, the U.S. Supreme Court held in United States v. Rahimi that when a restraining order contains a finding that a person poses a credible threat to an intimate partner’s physical safety, banning that person from possessing firearms is consistent with the Second Amendment. A federal violation carries up to 15 years in prison, well above the state misdemeanor exposure for violating the underlying order.
Modifying or Ending an Order
How you change a no contact order depends on which statute controls.
A standard order stays in place until the court modifies or terminates it. The statute does not lay out a formal petition process, and because the order is tied to the criminal case, it often dissolves at final disposition unless the court has extended it.1Justia. Arkansas Code 16-85-714 – No Contact Orders – Definitions
For extended post-conviction orders, either the prosecutor or the person subject to the order can petition to modify or terminate it. The petition must show that circumstances have substantially changed in a way that alters either a specific term of the order or the original reason it was issued.3Justia. Arkansas Code 5-4-106 – Extended Post-Conviction No Contact Order
The “substantially changed” standard is deliberately high. Serving time or finishing a sentence, on its own, is unlikely to meet it. The petitioner has to show that the specific risks the order was designed to address no longer exist or have meaningfully diminished. Until a judge formally grants the modification, contact remains a crime, even if both parties want the order lifted.
Practical Steps if You Are Protected or Restricted
If you are the protected person, you do not file for a no contact order yourself. The court or prosecutor handles it as part of the criminal case. If you want broader civil protection, especially in a domestic situation without pending charges, you can petition separately for an order of protection under Arkansas Code 9-15-201.2FindLaw. Arkansas Code Title 9 Family Law 9-15-201
If you are the defendant, treat “no contact” literally. Indirect contact through third parties counts. Social media posts aimed at the victim count. Even responding to contact the victim initiates can be treated as a violation, because the order binds only you. The safest course is zero interaction with the protected person until a judge formally changes or ends the order. Anything genuinely necessary, like arrangements involving shared children or property, should move through attorneys until the court says otherwise.