Arkansas Domestic Violence Laws

Domestic violence offenses involve abusive crimes and behavior. The state of Arkansas has laws in place designed to help victims escape their toxic relationships. These statutes also punish abusers for any attempts to continue the abuse.

If you've suffered abuse or are in fear of imminent abuse, call 911 first. Then, finding a way to a better life begins with understanding what you're up against.

This article will explain what Arkansas considers domestic violence, alert you to available protections and advocates, and show you how to navigate the Arkansas legal system. Read on to learn what you need to know about domestic violence in Arkansas.

Arkansas Domestic Violence Laws: The Basics

For a criminal offense to have a domestic violence classification in Arkansas, it must fulfill two requirements. Certain types of abusive crimes must occur between people sharing specified relationships. Since vague definitions are nobody's friend, let's examine the requirements of domestic violence one at a time.

Family Members, Household Members, and Dating Relationships

While anyone can commit a crime or be the victim of one, domestic violence can never occur between two strangers. Domestic violence offenses require that the people involved share a significant relationship.

Under Arkansas law, these associations fulfill that part of a domestic violence crime:

• Spouses
• Former spouses
• Parents and children
• Persons related by blood within the fourth degree of consanguinity
• In-laws within the second degree of consanguinity
• Children residing in the household
• People residing or cohabitating together
• People who have resided or cohabited together
• Persons who have a child in common
• Persons in a dating relationship together
• People who were in a dating relationship together

Dating relationships must have a level of commitment above casual acquaintances. A couple that goes out on dates and is moving toward or has achieved intimacy is in a dating relationship. Co-workers who are on the same bowling team are not.

Criminal Acts that Can Qualify as Domestic Violence

The people involved are only half the equation for domestic violence offenses. A nephew stealing a reciprocating saw from his uncle is a crime, but not one of domestic violence. Domestic violence offenses are focused on power and control. The abuser gathers and maintains power to keep control over the victim.

This is accomplished through different types of domestic violence. While physical abuse has always been associated with domestic violence, abusers make use of other kinds, such as emotional abuse, financial abuse, coercion, intimidation, and isolation.

Rather than listing specific crimes, Arkansas law has categories used for identifying abusive domestic violence acts. They are:

• Any sexual conduct that constitutes a crime
• Assault
• Bodily injury
• Causing someone to fear imminent physical harm, bodily injury, or assault
• Physical harm

Sexual assault would fall under the heading of sexual conduct, while punching someone is either assault, bodily injury, physical harm, or any combination of the three. Arkansas also puts special attention on spousal abuse, which falls under domestic violence. The eligible types of abuse are expanded as follows:

Emotional abuse

• Verbal attacking
• Using criticism, intimidation, exploitation, or social isolation to dominate
• Criminal harassment
• Stalking a spouse
• Threatening a spouse or their loved ones
• Damaging possessions of a spouse
• Harming a pet of a spouse

Physical abuse

• Using physical force to injure or put at risk of being injured
• Beating, biting, burning, choking, hitting, kicking, pushing, shaking, or assaulting with a deadly weapon

Sexual abuse

• Forcing a spouse to participate in unwanted, unsafe, or degrading sexual activity
• Using ridicule or other tactics to try to denigrate, control, or limit a spouse's sexuality or reproductive choices
• Rape
• Sexual assault
• Sexual harassment

If one of these abusive crimes occurs between people who are family members, household members, or in a dating relationship, it's a domestic violence offense in Arkansas. If it doesn't qualify, it's still a prosecutable crime. It won't carry the protections and penalties associated with domestic violence.

Below, we explain the process of obtaining a domestic violence order of protection in Arkansas. If you don't qualify for a domestic violence order of protection, there are different restraining orders available. Learn more by visiting FindLaw's Arkansas Protective Order Laws article.

Arkansas Domestic Violence Order of Protection

While not foolproof, an Arkansas domestic violence order of protection offers relief for victims in a number of ways. Victims (petitioners) can fill out an application either at home, with the help of a domestic violence advocate, or at the circuit court. There is no charge for filing for an order of protection in Arkansas.

The order you'll file for is an ex parte order of protection. This is a temporary order that lasts for 30 days or until you have a case hearing. "Ex parte" means that it's issued without speaking to your abuser (respondent). You can also get an ex parte order if your abuser is due for release from incarceration.

The order is given to law enforcement by either you or the court clerk. The police then serve the order to the respondent.

Orders of protection contain provisions relevant to each case. For example, a married couple without children wouldn't need rulings on child custody. Common conditions include:

• Ordering the abuser to leave a shared dwelling and not return
• Forbidding the abuser to show up at the victim's workplace, school, or other locations specified by the court
• Awarding temporary custody of minor children to the victim
• Ordering the abuser to pay temporary child support and/or spousal support
• Issuing a no-contact with the victim order for the abuser
• Forbidding the abuser from committing any further abuse to the victim

The court can issue any additional provisions it considers necessary for the victim's safety. Ex parte orders may contain some, all, or none of the provisions listed above. If the chooses not to issue an ex parte order of protection, you can still request a hearing for a final order of protection.

If the respondent opposes the order, a case hearing is scheduled within 30 days. Both sides present evidence, call witnesses, and offer their arguments. If the court believes that the threat of abuse is ongoing, a final order of protection is issued. Conditions from the temporary order carry over. Amendments are permitted, as are additional conditions such as:

• Allowing the petitioner to charge the respondent for attorney's fees
• Forbid the respondent from owning or possessing firearms or ammunition during the duration of the order
• Granting custody of any shared pets to the petitioner

As with the temporary order, the court may add any provision they deem necessary. The duration of a final order ranges between 90 days to ten years, at the court's discretion. If the threat of abuse continues, the order is renewable. Orders are issuable while the abuser is incarcerated.

Orders of protection issued in Arkansas remain in effect anywhere in the United States under federal law. This includes territories and native reservations. Orders from other states are offered full faith and credit under Arkansas law as well.

Other Domestic Violence Protections in Arkansas

Knowing what to do in a time of crisis isn't always easy. To help, Arkansas offers Laura's Card. While not as useful as personalized Hope Cards issued in other states, this provides a reference point for finding domestic violence advocates and shelters.

Domestic violence victims in Arkansas who shared a rented dwelling with their abuser can still take steps to keep them out. Under Arkansas law, victims can request that the landlord change the locks. However, the victim must pay for the lock change.

Finally, Arkansas offers the Address Confidentiality Program through the Office of Driver Services. This program allows the victim to use a Post Office box as their address, keeping their actual location hidden from their abuser. There is no charge for this program. Applicants must show a valid order of protection.

What Happens if You Violate an Order for Protection in Arkansas?

Penalties for both domestic violence crimes and violations of orders of protection are severe. Domestic battery carries more possible conditions that allow it to have enhanced penalties than battery does.

Violating an order of protection carries the following penalties under Arkansas law:

• First violation (Class A misdemeanor): Up to one year in jail and a fine of up to $1,000
• Any additional violations within five years (Class D felony): Up to six years in prison and a fine of up to $10,000
• Any violation of a firearms prohibition provision (Class D felony): Up to six years in prison and a fine of up to $10,000

The penalties apply to both temporary and final orders of protection. The court can also order the violator to wear an electronic monitoring device for between four to 12 months. The violator is required to pay for the device.

Arkansas Domestic Violence Laws: Recap

The best-case scenario is that you'll never need what you've learned from this article, but preparation can't hurt. The table below summarizes the information above, along with links to Arkansas domestic violence laws.

Arkansas Domestic Violence Laws: Related Resources

• Domestic Violence Resources - University of Arkansas for Medical Sciences
• National Domestic Violence Hotline (800.799.7233)
• Survivor Resources - Arkansas Coalition Against Domestic Violence
• Domestic Violence FAQ
• Arkansas Courtroom Locator - Arkansas Judiciary
• Order of Protection Information Sheet: Sebastian County (Sebastian County Prosecuting Attorney's Office)
• Petition for Order of Protection: Sebastian County (Sebastian County Prosecuting Attorney's Office)
• Order of Protection Forms (Arkansas Judiciary)

Domestic Violence Issues in Arkansas? Speak With an Attorney

Nobody wants to be a victim of domestic abuse. If you're facing domestic aggravated assault, fear of physical injury, or any other domestic violence crime, consider speaking to an Arkansas domestic violence attorney. Their knowledge of victim rights and state laws can help you with safety planning and escaping your abuser for good.

If you're facing a domestic abuse charge or have violated an order of protection and need assistance, talk to an Arkansas criminal defense attorney. An expert in criminal law is the advocate you need.