2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 85 - Pretrial Proceedings
Subchapter 7 - Arraignment and Pleading Generally
§ 16-85-714. No Contact Orders - Definitions

(a) As used in this section:

• (1) “Court” means a judge or judicial officer; and

• (2) “No contact order” means an order issued by a court to a defendant at or after his or her first appearance on charges as described under Rule 8.1 of the Arkansas Rules of Criminal Procedure that prohibits the defendant from contacting directly or indirectly a person in any manner or from being within a certain distance of the person's home or place of employment.

(b)

• (1) A court may issue a no contact order under this section in addition to any other condition of release from custody that is imposed by the court if it appears that there exists a danger that a defendant will commit a serious crime, seek to intimidate a witness, or otherwise unlawfully interfere with the orderly administration of justice.

• (2) The no contact order issued under this section shall be in effect until it is modified or terminated by the court.

• (3) A no contact order issued under this section may contain, without limitation, the following:

  • (A) The reasons the court issued the no contact order in specific terms and description in reasonable detail of the purpose of the order;

  • (B)

    • (i) A prohibition against the defendant's approaching or communicating with a particular person or class of persons, either through a third party or by telephone, electronic communication, or in writing.

    • (ii) A no contact order issued under this section shall not be deemed to prohibit any lawful or ethical activity of defendant's counsel;

  • (C) A prohibition against the defendant's going to certain described geographical areas or premises, including an imposition of a restriction that the defendant stay at least one thousand five hundred feet (1,500′) from a person's location;

  • (D) A prohibition against the defendant's possessing a dangerous weapon or engaging in certain described activities, including the ingestion of alcohol or certain drugs; and

  • (E) A requirement that the defendant report regularly to and remain under the supervision of an officer of the court.

• (4) When a no contact order is issued under this section, the court shall inform the defendant of the penalties for failure to comply with the conditions or terms of the order.

• (5) All terms of a no contact order issued under this section shall be reduced to writing, and a copy shall be given to the defendant.

• (6)

  • (A) If a defendant violates a no contact order issued under this section, the court shall issue a warrant directing that the defendant be arrested and immediately taken before any court having jurisdiction.

  • (B) The court shall then have authority to detain the defendant for a period of time not to exceed twenty-four (24) hours, unless the violation occurs on a Friday or a holiday, in which case the time period shall be forty-eight (48) hours, during which time the prosecuting attorney shall file a petition to revoke the defendant's appearance bond or modify the conditions of the defendant's release, alleging the following:

    • (i) That the defendant has knowingly violated the terms of a no contact order issued under this section;

    • (ii) That relevant information has become known to the prosecuting attorney warranting the modification of or revocation of the defendant's appearance bond; and

    • (iii) That a law enforcement officer had reasonable grounds to believe that the defendant violated the terms of a no contact order issued under this section and that it was impracticable to secure an arrest warrant at the time of arrest.

  • (C)

    • (i) The defendant shall be entitled to a hearing on the petition to modify or revoke the defendant's appearance bond within forty-eight (48) hours of the defendant's appearance before the court, unless the violation occurs on a Friday or a holiday, in which case the hearing shall be within seventy-two (72) hours.

    • (ii) If after a hearing the court finds that the defendant knowingly violated the terms of a no contact order issued under this section, the court may impose different or additional conditions of release or revoke his or her appearance bond.

(c)

• (1) A court may set the duration of a no contact order issued under this section for an additional period of time after the adjudication of the offense for which the defendant was originally charged if it determines the additional period of time is necessary to protect the safety of a person, persons residing with the person, or members of the person's immediate family.

• (2) The duration or extension of the no contact order shall not be for more than one (1) year from the date of issuance or, if the original charge is adjudicated with a finding of the defendant's guilt, from the date of sentencing.

(d) Upon conviction, violation of a no contact order issued under this section is a Class A misdemeanor.