Arkansas Domestic Violence Laws

Arkansas has several laws in place to protect victims of domestic violence. Here are some of the key provisions:

1. Definition of Domestic Violence: Under Arkansas law, domestic violence is defined as any incident of physical harm, bodily injury, or threat of physical harm between family or household members. Family or household members include spouses, former spouses, persons related by blood or marriage, those who live together or have lived together in the past, and those who have a child together.
2. Protective Orders: Victims of domestic violence in Arkansas can obtain a protective order, also known as a restraining order, which is a court order that prohibits the abuser from contacting or coming near the victim. A protective order can also require the abuser to vacate the residence shared with the victim and to surrender firearms.
3. Criminal Penalties: Domestic violence in Arkansas is a criminal offense. The severity of the offense and the potential penalties depend on the nature and extent of the abuse. Penalties can range from a fine to imprisonment for several years. The court can also require the abuser to attend counseling or treatment programs.
4. Mandatory Arrest: In cases of domestic violence, Arkansas law enforcement officers are required to arrest if there is probable cause to believe that a crime has been committed. This requirement applies even if the victim does not want to press charges.
5. Firearms Restrictions: Arkansas law prohibits anyone convicted of a domestic violence offense from possessing firearms. This restriction also applies to anyone subject to a protective order for domestic violence.
6. Civil Liability: Victims of domestic violence in Arkansas can file a civil lawsuit against their abuser for damages resulting from the abuse. They may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses.

It’s important to note that the laws and procedures related to domestic violence can be complex and vary depending on the specific circumstances. If you or someone you know is experiencing domestic violence, it’s important to seek help from a trained professional or domestic violence organization.

Definition of Domestic Violence

Domestic violence is a pattern of behavior used by one person to gain and maintain power and control over another person in an intimate relationship. It involves physical, sexual, emotional, or psychological abuse, as well as coercive control and intimidation. Domestic violence can happen to anyone regardless of age, gender, sexual orientation, race, or ethnicity. It can occur between spouses, partners, former partners, family members, or anyone who shares a household or has a close relationship. The effects of domestic violence can be long-lasting and devastating for the victim and their family and can include physical injuries, emotional trauma, and even death.

Protective Orders

A protective order, also known as a restraining order, is a court order that prohibits an individual who has committed domestic violence or abuse from contacting or coming near the victim. Protective orders may also require the abuser to vacate the shared residence, stay away from the victim’s place of employment or other designated locations, and surrender any firearms or other weapons.

In Arkansas, a victim of domestic violence can obtain a protective order by filing a petition with the court. The petition must include specific details of the abuse, such as the dates and locations of incidents, and any injuries sustained by the victim. The court may grant a temporary ex parte protective order without a hearing, which is valid for up to 30 days. After that, a full hearing will be scheduled to determine if a long-term protective order is necessary.

A long-term protective order can be valid for up to one year and can be renewed upon expiration. Violating a protective order can result in criminal charges and penalties, including fines and imprisonment. Protective orders are an important tool for victims of domestic violence to protect themselves and their children from further abuse and harassment.

Criminal Penalties

In Arkansas, domestic violence is a criminal offense that carries penalties ranging from fines to imprisonment. The severity of the offense and the potential penalties depend on the nature and extent of the abuse, as well as any prior convictions for domestic violence.

For example, domestic battery in the third degree, which involves causing physical injury or pain, is a misdemeanor offense that carries a maximum penalty of one year in jail and a $1,000 fine. Domestic battery in the second degree, which involves causing serious physical injury or using a deadly weapon, is a felony offense that carries a maximum penalty of six years in prison and a $10,000 fine. Domestic battery in the first degree, which involves causing serious physical injury with a deadly weapon, is a Class Y felony offense that carries a minimum sentence of ten years in prison and a maximum sentence of life imprisonment.

In addition to fines and imprisonment, a judge may also order an abuser to attend counseling or treatment programs, such as anger management or substance abuse treatment. Violating a protective order or probation related to a domestic violence offense can result in additional criminal charges and penalties.

It’s important to note that the criminal justice system can only provide some level of protection for victims of domestic violence. Seeking help from a trained professional or domestic violence organization is also important to ensure safety and access to resources and support.

Mandatory Arrest

In Arkansas, law enforcement officers are required to arrest if there is probable cause to believe that domestic violence has occurred. This is known as a mandatory arrest law.

Probable cause means that there is sufficient evidence to indicate that a crime has been committed. This evidence can include witness statements, physical evidence, and the victim’s statement.

Under the mandatory arrest law, officers must arrest the perpetrator if they have probable cause to believe that a crime has occurred, regardless of whether the victim wants to press charges or not. This is because victims of domestic violence may feel intimidated or coerced into not reporting the abuse, and the mandatory arrest law helps ensure that victims receive protection from further harm.

It’s important to note that the mandatory arrest law does not guarantee the prosecution of the perpetrator. The prosecutor may still choose not to pursue charges or may be unable to secure a conviction. However, the arrest can serve as a warning to the perpetrator that the behavior is unacceptable and may lead to consequences.

Firearms Restrictions

In Arkansas, individuals who have been convicted of certain domestic violence offenses are prohibited from possessing firearms under federal law. This is known as the Lautenberg Amendment, which was added to the federal Gun Control Act in 1996.

Under the Lautenberg Amendment, anyone convicted of a misdemeanor crime of domestic violence or who is subject to a protective order that involves domestic violence is prohibited from possessing firearms or ammunition. This restriction also applies to individuals who have been convicted of a felony domestic violence offense, as well as anyone who is an unlawful user of or addicted to a controlled substance.

In addition to federal law, Arkansas has its state laws regarding firearms restrictions for domestic violence offenders. For example, a court may order a domestic violence offender to surrender their firearms as part of a protective order. Violating this order can result in criminal charges and penalties.

It’s important to note that domestic violence offenders who possess firearms can pose a serious threat to their victims and others. Enforcing firearms restrictions can help reduce the risk of further harm and increase safety for victims of domestic violence.

Civil Liability

In addition to criminal penalties, individuals who commit domestic violence may also be subject to civil liability for the harm they cause to their victims.

Under Arkansas law, victims of domestic violence can sue their abusers for damages, including medical expenses, lost wages, pain and suffering, and other related costs. In addition, victims may be able to seek a restraining order or injunction to prevent further harm.

Employers may also be held liable for domestic violence committed by their employees if they were aware of the abuse and failed to take action to prevent it. For example, if an employer knew that an employee was abusing their spouse and continued to allow the employee to work in a position where they could harm their spouse, the employer may be liable for damages.

Furthermore, landlords may also be held liable if they were aware of domestic violence occurring on their rental property and failed to take action to protect their tenants. This could include failing to evict an abuser or failing to provide adequate security measures.

Victims of domestic violence who are considering pursuing civil action should consult with an attorney who is experienced in domestic violence cases. An attorney can provide guidance on the legal process, potential damages, and strategies for protecting their rights and safety.