If you’ve been served with court paperwork, you may have also been served with a Standing Order, sometimes called a Standing Restraining Order. Don’t fret! These orders are standard operating procedure in most jurisdictions and are required in domestic relations cases in Washington County and Benton County, Arkansas.

What does a standing order do?

A standing order is intended to keep the “status quo” in place until your case can be heard by the judge, or an agreement can be reached. It provides some important protections when you file for divorce or custody. For example, it prevents the parties from threatening or harassing each other. It also prevents them from selling or disposing of marital property or canceling insurance. Importantly, it prevents the parties from taking the children and moving out of state while the action is pending.

What do I need to do?

You need to read the Standing Order carefully and make sure you understand it. Be sure to ask your attorney any questions that you have before taking any questionable action. You can find copies of the Washington County Standing Order and Benton County Standing Order by clicking on the links or visiting our Resources page.

It is important to read over your Standing Order carefully because the orders differ from county to county. For example, the Washington County order states that you may not remove a child from the state without permission, while the Benton County order gives more leeway for short out-of-state vacation trips. Additionally, Benton County includes a provision about the cancellation of cell phones, utilities, and other necessities while Washington County does not.

What is the ordinary course of business?

Both orders say that you should only make financial decisions “in the ordinary course of business.” This means that you may pay any regular bills and meet your basic financial obligations, but you should not go out and make large purchases, wastefully spend your money, or sell any marital property while the case is pending.

If you have been served with court paperwork, contact one of our experienced attorneys today to make sure that you and your family are protected.

Note: If you have been served by an Order of Protection, that’s something entirely different. Please refer to this blog post for more information.

What is a Restraining Order? How is that different from an Order of Protection or a No Contact Order? My clients are often confused by these differences, and the differences are important. Allow me to explain.

A Standing Restraining Order is typically automatically issued at the beginning of every domestic relations case, like a divorce. It restrains both parties from harassing each other, from selling or disposing of property, and from removing the children from the jurisdiction of the Court, if there are children involved. This kind of order is not particular to you and does not prevent you from contacting the other party. Here is an example of a Standing Restraining Order from Washington County, Arkansas. 

An Order of Protection is a court order that is issued when there has been an allegation of abuse that threatens the safety and security of the petitioner. The Order prevents communication between the parties and restrains the alleged abuser from going to the home or workplace of the petitioner. The Court will often enter an "Ex Parte" Order of Protection first, which will be temporary and will last until there is a court hearing where everyone can be heard. If the Court finds that the alleged abuser is a continuing threat to the petitioner, then the Court will issue an Order of Protection for a longer period of time, such a one year or even up to ten years.

If you are the victim of domestic abuse and believe that there is a threat to you or your children, here is a step by step guide on how to file for an Order of Protection.

Lastly, a No Contact Order is entered in criminal cases and prevents the alleged perpetrator of a crime from contacting the alleged victim. These are routinely issued in domestic violence, assault and battery cases. There can be no contact whatsoever. This includes text messages, and also includes sending messages through third parties. If either party violates the Order, they can be charged with an independent crime.

If you have a question about a restraining order, contact Leslie so that she can advise you on your rights and responsibilities under that order. Better safe than sorry!