No contact orders

What a no contact order does

A no contact order, often called an NCO, is a judge's order restricting a criminal defendant's contact with the victim or other people named in the order. It can be issued at the first appearance, before the case has been decided.

In local practice, NCOs are routinely imposed as release conditions in domestic-battery and similar cases. The victim does not have to request one. The judge issues the order as part of the criminal case.

Restrictions can cover in-person contact, calls, texts, social media, and messages sent through someone else. The written order identifies the protected people and the restrictions. A.C.A. § 16-85-714(a)–(b) — No contact orders — Definitions, on Justia (opens in a new tab).

NCO or order of protection?

Both can prohibit contact, but they come from different proceedings. An order of protection is a separate civil order under Arkansas's Domestic Abuse Act.

The petition and modification procedures are in A.C.A. § 9-15-201 — Petition — Requirements generally, on Justia (opens in a new tab) and § 9-15-209 — Modification of orders, on Justia (opens in a new tab). The Arkansas Judiciary provides protection-order information and forms (opens in a new tab).

Both orders can exist at the same time. Lifting an NCO does not cancel a separate order of protection. Each order has its own terms and remains enforceable for as long as it is in effect.

How long does an NCO last?

An NCO generally remains in place while the criminal case is pending, unless the court changes it. The end of the case is not a universal expiration date: Arkansas law allows an NCO to continue afterward in some circumstances. The written order and later court rulings control its duration. A.C.A. § 16-85-714(b)(2), (c) — No contact orders — Definitions, on Justia (opens in a new tab).

How requests to change an NCO are reviewed

The process described below reflects local practice in Benton County district courts, supplied by a lawyer who practices in these courts.

Before taking a position on lifting or amending an NCO, the prosecutor will almost always need to review the facts of the case and speak with the victim. The victim's wishes matter, but they do not decide the request by themselves.

Some judges require an in-person hearing before signing an order that lifts or changes the NCO, even when the prosecutor agrees. The judge can approve the request, allow a narrower change, or leave the order in place.

Why the prosecutor may not have the case yet

In most local district-court prosecutor offices, case materials do not arrive until after arraignment. An arrest and an NCO do not mean the prosecutor already has the police report or other information needed to review a request.

That is why calling the prosecutor's office the day after an arrest to ask for the NCO to be lifted often goes nowhere. Staff may only be able to explain that the office has not received the case yet. The prosecutor cannot meaningfully review the request without the case information.

This timing concerns requests to change an order. It does not prevent reporting a threat or violation to law enforcement.

The defense attorney's role

For a represented defendant, the defense attorney is the point of contact for a request to lift or amend an NCO. That can be a hired attorney or a court-appointed attorney for a defendant who qualifies for one.

Once the defendant tells the attorney that a change is requested, the attorney reviews the order, works with the prosecutor, and presents the request to the court. If the judge requires a hearing, the attorney can arrange for the request to be heard and represent the defendant there.

The prosecutor represents the State; the defense attorney represents the defendant. The victim can communicate their position separately to the prosecutor or a victim advocate. The attorney's role is to pursue the request, and the judge decides whether to grant it.