Arkansas Domestic Violence FAQs

Domestic violence crimes can destroy lives and ruin families. Toxic abuse affects everyone it touches. Arkansas family tries to help victims of domestic abuse escape their abusers and find a better life. It's easier said than done.

Understanding how family law in Arkansas works and the protections it offers can make a big difference. There's a lot of confusion out there, so we've brought the important questions together and provided the answers you need. Learning about orders of protection, how the legal system works, and other information can help victims escape their abusers once and for all.

Many people prefer a FAQ format for learning. If you'd rather have a traditional deep dive into domestic violence information in Arkansas, Findlaw's Arkansas Domestic Violence Law article can provide it.

Does domestic violence only include physical abuse?

That's part of it, but far from the only type of abuse considered to be domestic violence. Acts of physical abuse have long been the first thing that comes to mind when someone mentions domestic violence, and with good reason. Most of the criminal acts in the Arkansas definition involve bodily harm:

• Assault

• Bodily injury

• Causing someone to fear imminent physical harm, bodily injury, or assault

• Physical harm

• Any sexual conduct that constitutes a crime

Abuse between spouses is also considered domestic violence. Arkansas law offers a wider array of qualifying criminal acts for spousal abuse in three different categories:

Emotional abuse, which includes:

• Criminal harassing

• Damaging a spouse's possessions

• Dominating through criticism, exploitation, intimidation, or social isolation

• Harming a spouse's pet

• Stalking

• Threatening with physical harm

• Threatening/verbal assault a spouse by yelling, screaming, or name-calling

Sexual abuse, which includes:

• Forcing unwanted, unsafe, or degrading sexual activity on a spouse

• Controlling, denigrating, or limiting a spouse's sexuality or reproductive choices by any means

• Committing any acts of rape, sexual assault, or sexual harassment

Physical abuse, which includes:

• Using physical force to injure a spouse or put them at risk of being injured

• Beating, biting, burning, choking, hitting, kicking, pushing, shaking, or assaulting a spouse with a weapon

There's a great deal of overlap of criminal acts between domestic violence and spousal abuse. In either type of abuse, the abuser wants power and control over the victim. The main difference lies in the people involved.

So spousal abuse is between married couples, and everyone else falls under domestic violence?

Not everyone else. Domestic violence requires that abusive acts are committed between those considered family members, household members, or dating. These domestic relations determine whether or not the criminal acts listed above are domestic violence offenses in Arkansas:

• Spouses

• Former spouses

• Parents and children

• Children residing in the household

• People with a child in common

• Blood relatives within the fourth degree of consanguinity

• In-laws within the second degree of consanguinity

• People in a dating relationship

• People who were in a dating relationship together

• People who are residing or cohabitating

• People who have resided or cohabited together in the past

Dating relationships require a degree of commitment between those involved. A court can rule on a dating relationship's eligibility. A criminal offense that doesn't qualify as domestic violence is still a crime. It's prosecutable but won't qualify for the protections and penalties for domestic abuse victims.

I'm in an abusive relationship. What should I do?

If you've been abused and/or are facing imminent domestic violence, call 911. Law enforcement follows a specific set of rules when they determine that domestic violence has occurred. After explaining your rights as a victim, they can get you to a safe location, begin the process for an emergency order of protection, or arrest the abuser.

Having a safety plan in place is a good idea. When dealing with abuse and suffering, it's difficult to remember everything that can help you. Safety plans often contain safe locations, important information like account numbers and passwords, and a list of legal protections.

It's important to remember that you're not alone. Domestic violence advocates at both the state and national levels are available to help you escape your toxic relationship.

What's going to stop my abuser from coming after me if I leave or throw them out?

Reprisal by an angry abuser is a legitimate concern for victims of domestic violence. Arkansas offers a shield through domestic violence orders of protection. While not perfect, these restraining orders contain conditions abusers must follow. The court-ordered provisions are tailored to each case's needs.

Victims (petitioners) start the process by filing a petition for a domestic violence order of protection. The forms are filled out either at home, at the circuit court, or through a domestic violence advocate. There's no fee in Arkansas for filing an order of protection. The court clerk takes it to a judge, who may ask you questions.

If the court agrees that domestic violence has occurred or is a threat, a temporary ex parte order of protection is issued. Law enforcement serves the order to the abuser (respondent). The court doesn't speak with the respondent before issuing the order (ex parte). Once served, the temporary order lasts 30 days or until the full hearing, whichever comes first.

Provisions in domestic violence orders of protection are specific to each situation. Some conditions cover common ground and see frequent inclusion:

• Ordering the respondent (abuser) to have no contact with the petitioner (victim)

• Forbidding the respondent from committing any further abuse to the petitioner

• Ordering the respondent to leave a shared dwelling and not return (they can pick up personal belongings at a scheduled time while accompanied by law enforcement)

• Forbidding the respondent from showing up at the petitioner's workplace, school, or other locations specified by the court

• Awarding temporary custody of minor children to the petitioner

• Ordering the respondent to pay temporary child support and/or spousal support

Orders of protection can contain some, none, or all of these provisions. The court can also order any condition it deems necessary. If the respondent opposes the order, a full hearing is held. Both sides can present evidence, have witnesses testify, and make their arguments. If the court determines domestic abuse occurred or is a threat to occur, a final order of protection is issued.

The conditions from the temporary order transfer to the final order. Amendments and additions are possible. This includes forbidding the respondent from possessing handguns during the duration of the order. Final orders of protection last between 90 days and 10 years. It's renewable if a hearing shows the threat of domestic violence still exists.

Orders of protection can offer powerful protection for victims. If you still have questions, FindLaw's Arkansas Protective Orders Laws article can help.

I'm going to go stay with family in another state for a while. Am I still protected by my Arkansas order of protection?

Yes, your domestic violence order of protection stays in effect anywhere on American soil. This is due to the Violence Against Women Act (VAWA). Keep a copy of your order of protection with you at all times. If you think your abuser might follow you, show your order to local law enforcement to give them a heads-up.

My abuser called and threatened me. What should I do?

Call law enforcement. Even if your abuser never physically showed up. Threatening behavior is almost always included as a provision in an order of protection. The police can arrest your abuser for any violation, and the penalties are substantial:

• First violation (Class A misdemeanor): A fine of up to $1,000 and up to one year in jail

• Any additional violations within five years (Class D felony): A fine of up to $10,000 and up to six years in prison

• Any violation of a firearms prohibition provision (Class D felony): A fine of up to $10,000 and up to six years in prison

Crimes such as domestic battering and domestic assault carry enhanced penalties when considered domestic violence offenses. Violators face wearing a GPS-locating device as well.

I'm afraid that if I leave and find a new home, my abuser will find me again through public records like my driver's license. How can I stop that from happening?

Arkansas understands the tremendous courage it takes to leave an abuser. It also realizes the risks involved. The Arkansas Address Confidentiality Program is designed to help victims stay hidden. It gives them a second legal mailing address that's used for public records. First-class mail is forwarded to their actual address as well. There's no charge for this service.

I want to divorce my abuser. Will having a domestic violence charge against them help?

It can. Arkansas generally does not require grounds for divorce. Either party can file for a no-fault divorce if they've been living "separate and apart" for 18 months. However, the courts can grant a divorce sooner if one party is found "guilty of such cruel and barbarous treatment as to endanger the life of the other."

Other grounds for divorce in Arkansas include:

• Felony conviction

• Substance abuse

• Adultery

Arkansas is also one of three states that recognize "covenant marriage." These unions have more strict standards. A person who wants out of a covenant marriage must show grounds for divorce. The grounds for divorce in a covenant marriage are more limited, but they do include physical and sexual abuse.

If you're unsure about how to end your marriage or realize you need legal advice, it might help to speak with an Arkansas divorce attorney.

I'm staying in our apartment. Is it legal to change the locks?

Keeping your abuser away from you is of paramount importance. As a victim of domestic abuse, you have the legal right to request a lock change from your landlord. However, you will have to pay for any reasonable costs that come with the lock change. The landlord can evict abusers by getting a court order.

The court determining custody of our children. Will a domestic violence charge and an order of protection be considered?

The guiding principle for the court is the best interests of the child. Domestic violence offenses are taken into consideration. Joint custody is the usual solution in child custody cases, but if a parent has a history of domestic violence, their visitation rights are at risk. The court can add conditions or even deny parental rights if they fear child abuse may occur.

For something as serious as child custody, going it alone in court is not a good idea. If your children's future is in the balance, speak with an Arkansas family law attorney as soon as possible.

Arkansas Family Law on Domestic Violence: A Summary

Trying to remember all this while facing domestic abuse is a lot to ask. Arkansas offers Laura's Card to help with important numbers and safe locations. The table below offers easy access to what you've learned, along with links to domestic violence codes.

Arkansas Family Law on Domestic Violence: Helpful Resources

• National Domestic Violence Hotline (800.799.7233)

• Survivor Resources - Arkansas Coalition Against Domestic Violence

• Arkansas Domestic Violence Legal Guide - Arkansas Judiciary

• Arkansas Courtroom Locator - Arkansas Judiciary

• Domestic Violence Resources - University of Arkansas for Medical Sciences

• Domestic Violence FAQ

Unsure About Family Law and Domestic Violence in Arkansas? Speak With an Attorney

If you've suffered first-degree assault or any other kind of domestic abuse, talk to an Arkansas family law attorney. They can put their expertise in Arkansas state law to help you find an abuse-free life.

If you're facing criminal charges for aggravated assault or any other domestic violence, you're going to need legal help. An Arkansas criminal defense attorney can examine your case, show you your options, and be your advocate in court.