All petitions under this chapter shall be verified.
The petition shall be filed in the county where the petitioner resides, where the alleged incident of abuse occurred, or where the respondent may be served.
A petition for relief under this chapter may be filed in the circuit court.
A petition for relief under this chapter may be filed in a pilot district court if the jurisdiction is established by the Supreme Court under Arkansas Constitution, Amendment 80, § 7, and if the cases are assigned to the pilot district court through the administrative plan under Supreme Court Administrative Order No. 14.
A petition may be filed by:
Any adult family or household member on behalf of himself or herself;
Any adult family or household member on behalf of another family or household member who is a minor, including a married minor;
Any adult family or household member on behalf of another family or household member who has been adjudicated an incompetent; or
An employee or volunteer of a domestic-violence shelter or program on behalf of a minor, including a married minor.
A petition for relief shall:
Allege the existence of domestic abuse;
Disclose the existence of any pending litigation between the parties; and
Disclose any prior filings of a petition for an order of protection under this chapter.
The petition shall be accompanied by an affidavit made under oath that states the specific facts and circumstances of the domestic abuse and the specific relief sought.
The petition may be filed regardless of whether there is any pending litigation between the parties.
A person's right to file a petition, or obtain relief hereunder shall not be affected by his or her leaving the residence or household to avoid abuse.
Amendments.
The 2007 amendment divided (e) into (1) and (2), inserted (1)(B) and (C), and made related and stylistic changes.
The 2009 amendment inserted (c)(2), redesignated the remaining text as (c)(1), and substituted “may” for “shall” in (c)(1).
Case Notes
Evidence.
Although an ex-wife's petition for an order of protection properly alleged domestic abuse, pursuant to subdivision (e)(1)(A) of this section, there was insufficient evidence to support the trial court's grant of the order because the ex-husband's constant phone calls and harassing emails did not fall under the legislative definition of domestic abuse; there was no evidence the ex-husband's comment of “or else” was in fact some sort of threat of physical or bodily harm.
Paschal v. Paschal, 2011 Ark. App. 515 (2011).
Evidence was insufficient to support the domestic-abuse finding and the grant of an order of protection; assuming the father's testimony that the mother's live-in boyfriend had sexually abused the child was true, there was absolutely no evidence that the child's mother in any way caused the infliction of fear of imminent physical harm, bodily injury, or assault on the child.
Stahl v. Smith, 2017 Ark. App. 603, 535 S.W.3d 279 (2017).
Pending Litigation.
Granting of the mother's petition for a temporary order of protection in the First Division was proper under subsection (f) of this section because the petition could have been filed regardless of whether there was any pending litigation between the parties. And, in granting the order of protection, the First Division made it clear that while it was stopping the father's visitation pursuant to the protective order, the protective order was subject to modification by the Second Division; far from usurping the Second Division's authority, the First Division deferred to it.
Chiolak v. Chiolak, 99 Ark. App. 277, 259 S.W.3d 466 (2007).
Statutory Requirements.
Resident plaintiff's petition for an order of protection was statutorily deficient where the attached handwritten statement of facts was not made under oath as required by subdivision (e)(2) of this section.
Beason v. Parks, 2015 Ark. App. 246, 459 S.W.3d 841 (2015).
Cited:
Dugas v. Kells, 2013 Ark. App. 384 (2013).
Notes of Decisions
Cited in 14
cases (10 in the last 5 years), 2006–2026 · leading case: Poland v. Poland, 2017 Ark. App. 178 (Ark. Ct. App. 2017).
Poland v. Poland, 2017 Ark. App. 178 (Ark. Ct. App. 2017). · cites it 4דArkansas Code Annotated section 9-15-201(e)(1)(C) provides that a petition for relief under the Domestic Abuse Act shall disclose “any prior filings of a petition for an order of protection under this chapter.”
Colton T. Kankey v. Bailey C. Quimby, 2020 Ark. App. 471 (Ark. Ct. App. 2020). · cites it 6דng reasons: (1) the affidavit supporting the petition for the order of protection did not meet the statutory requirements of the Domestic Abuse Act;1 (2) service of process was deficient; (3) the hearing on the petition was not held within the timeframe required by statute;2 (4)…”
Simmons v. Dixon, 240 S.W.3d 608 (Ark. Ct. App. 2006). · cites it 4ד” Ark. Code Ann. § 9-15-201 (e) (Repl. 2002).”
Jose A. Morales v. Athalia Garcia, 2021 Ark. App. 438 (Ark. Ct. App. 2021). · cites it 2דGarcia filed for an order of protection on behalf of herself and her children pursuant to Arkansas Code Annotated section 9-15-201 of the Domestic Abuse Act.”
Tully Borland v. Amy Borland, 2021 Ark. App. 448 (Ark. Ct. App. 2021). · cites it 2דIn making his argument, he acknowledges that pursuant to the Domestic Abuse Act of 1991, Arkansas Code Annotated section 9-15-201(f) (Repl. 2020), a petition for an order of protection may be filed regardless of whether there is any pending 3 litigation between the parties but…”
Beason v. Parks, 459 S.W.3d 841 (Ark. Ct. App. 2015). · cites it 28דArk. Code Ann. § 9-15-201 (a) & (e)(2). The statute also uses the words “shall,” indicating that’ such compliance is mandatory.”
Steven Brazil v. Julie Goggins Brazil, 2024 Ark. App. 40 (Ark. Ct. App. 2024). · cites it 2דSufficiency of the Evidence Supporting the Order of Protection Arkansas Code Annotated section 9-15-201 (Repl. 2020) requires that a petitioner file an affidavit alleging specific facts and circumstances of domestic abuse in connection with a request for an order of protection…”
Jeffery Matlock v. State of Arkansas, 2024 Ark. App. 69 (Ark. Ct. App. 2024). · cites it 2ד22 See Ark. Code Ann. § 9-15-201 (e)(2) (Repl. 2020).”
Michelle Edwards v. Kaitlen Cairns, 2025 Ark. App. 111 (Ark. Ct. App. 2025). · cites it 2ד2020), when a petition for an order of protection is filed under the Domestic Abuse Act, the circuit court may provide relief to the petitioner upon a finding of domestic abuse.”
Trenton Simshauser v. Michelle Simshauser, 2026 Ark. App. 198 (Ark. Ct. App. 2026). · cites it 4דArk. Code Ann. § 9-15-201 (e)(2). At a hearing on the petition, upon a finding of domestic abuse, the court may provide various forms of relief in the order of protection.”
Golden Kinsey v. Anitra Ford, 2026 Ark. App. 173 (Ark. Ct. App. 2026). · cites it 3דFord filed an order of protection pursuant to the Domestic Abuse Act, Arkansas Code Annotated sections 9-15-201 through -407 (Repl. 2020 & Supp.”
Aiden Jones v. Ashley Zachery, 2025 Ark. App. 332 (Ark. Ct. App. 2025). · cites it 2דRelationship Basis for Issuance of the Order of Protection Pursuant to Arkansas Code Annotated section 9-15-201(c)(1) (Repl. 2020), a party may file petition for relief in the circuit court under this statute.”
Beason v. Parks, 459 S.W.3d 841 (Ark. Ct. App. 2015). “Ark. Code Ann. § 9-15-201 (a) & (e)(2). The statute also uses the words “shall,” indicating that’ such compliance is mandatory.”
Golden Kinsey v. Anitra Ford, 2026 Ark. App. 173 (Ark. Ct. App. 2026). “Ford filed an order of protection pursuant to the Domestic Abuse Act, Arkansas Code Annotated sections 9-15-201 through -407 (Repl. 2020 & Supp.”
— Ark. Code Ann. § 9-15-201(c)(1) — 1 case
Aiden Jones v. Ashley Zachery, 2025 Ark. App. 332 (Ark. Ct. App. 2025). “Relationship Basis for Issuance of the Order of Protection Pursuant to Arkansas Code Annotated section 9-15-201(c)(1) (Repl. 2020), a party may file petition for relief in the circuit court under this statute.”
— Ark. Code Ann. § 9-15-201(e) — 1 case
Simmons v. Dixon, 240 S.W.3d 608 (Ark. Ct. App. 2006). “” Ark. Code Ann. § 9-15-201 (e) (Repl. 2002).”
— Ark. Code Ann. § 9-15-201(e)(1)(A) — 1 case
Trenton Simshauser v. Michelle Simshauser, 2026 Ark. App. 198 (Ark. Ct. App. 2026). “Ark. Code Ann. § 9-15-201 (e)(2). At a hearing on the petition, upon a finding of domestic abuse, the court may provide various forms of relief in the order of protection.”
— Ark. Code Ann. § 9-15-201(e)(1)(C) — 1 case
Poland v. Poland, 2017 Ark. App. 178 (Ark. Ct. App. 2017). “Arkansas Code Annotated section 9-15-201(e)(1)(C) provides that a petition for relief under the Domestic Abuse Act shall disclose “any prior filings of a petition for an order of protection under this chapter.”
— Ark. Code Ann. § 9-15-201(e)(2) — 2 cases
Colton T. Kankey v. Bailey C. Quimby, 2020 Ark. App. 471 (Ark. Ct. App. 2020). “ng reasons: (1) the affidavit supporting the petition for the order of protection did not meet the statutory requirements of the Domestic Abuse Act;1 (2) service of process was deficient; (3) the hearing on the petition was not held within the timeframe required by statute;2 (4)…”
Beason v. Parks, 459 S.W.3d 841 (Ark. Ct. App. 2015). “Ark. Code Ann. § 9-15-201 (a) & (e)(2). The statute also uses the words “shall,” indicating that’ such compliance is mandatory.”
— Ark. Code Ann. § 9-15-201(e)(l)(C) — 1 case
Poland v. Poland, 2017 Ark. App. 178 (Ark. Ct. App. 2017). “Arkansas Code Annotated section 9-15-201(e)(1)(C) provides that a petition for relief under the Domestic Abuse Act shall disclose “any prior filings of a petition for an order of protection under this chapter.”
— Ark. Code Ann. § 9-15-201(f) — 1 case
Tully Borland v. Amy Borland, 2021 Ark. App. 448 (Ark. Ct. App. 2021). “In making his argument, he acknowledges that pursuant to the Domestic Abuse Act of 1991, Arkansas Code Annotated section 9-15-201(f) (Repl. 2020), a petition for an order of protection may be filed regardless of whether there is any pending 3 litigation between the parties but…”
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