Arkansas Domestic Violence Laws Explained
Under Arkansas Code Annotated (A.C.A.) § 9-15-201, the General Assembly declared that certain criminal offenses shall be deemed "domestic violence" crimes for purposes of certain statutory and civil functions, including, inter alia, protection from abuse (PFA) actions and remedies. The section broadly defines the term "criminal offense involving domestic violence" as any of the following that is committed against a "victim" or "adult" as defined in A . C.A. § 9-15-102: As set out below, much has been done in the State of Arkansas to address the issue of domestic violence through legislation, our courts have done much to grapple with the sometimes difficult and sensitive issues that arise when domestic violence is present in the life of a victim and it is certainly important to understand the nature and scope of what is covered by the domestic violence statutes in the state.
Protections for Victim of Domestic Abuse
In Arkansas, victims of domestic violence have access to various legal protections designed to ensure their safety and security. One of the most common options available to victims is a protective order, more commonly known as a restraining order. These orders are intended to protect individuals who fear for their safety due to physical abuse, stalking, or psychological harm caused by a family or household member. A protective order can restrict a perpetrator from contacting or visiting the victim’s residence, workplace, or other areas where the victim may frequently go. The court has the authority to issue temporary orders quickly in emergency situations, which can then be extended with a more permanent order if necessary.
In addition to restraining orders, there are mandatory reporting requirements for certain professionals under Arkansas law. For example, teachers, healthcare providers, social workers, and child welfare professionals are all required to report suspected abuse or neglect, including domestic violence, to the proper authorities. Failure to report may result in penalties, but there are several exemptions.
Furthermore, victims of domestic violence may be eligible for crime victim compensation in Arkansas. This financial assistance is designed to help victims cover expenses related to the crime, such as medical bills, temporary housing costs, or lost wages. It’s important to note that the crime must be reported to the police, among other criteria.
Victims should also be aware of their rights under Arkansas law if the perpetrator is being prosecuted for criminal charges. Under the Victims of Crime Act of 1996, victims have the right to be notified of any criminal proceedings related to their case, attend all proceedings, and receive restitution for damages caused by the crime. They may also have the right to request information on the defendant’s release from custody.
The legal protections for victims of domestic violence in Arkansas aim to provide a safe environment for individuals who face threats to their well-being. Through the use of protective orders, mandatory reporting requirements, victim compensation, and victim’s rights, Arkansas law takes domestic violence seriously and ensures that victims have access to vital resources.
Consequences for the Abuser
The penalties for domestic violence in Arkansas vary depending on the nature of the crime. Domestic violence can be a misdemeanor or a felony offense, and in any case, the consequences can be severe, both criminally and personally for the perpetrator. If the offense constitutes a misdemeanor, then the charge will most likely fall under Arkansas Code § 5-26-303, which includes charges of knowingly causing physical harm to another person by means of suffocation or physical injury, or any other crime that involves sexual contact. In such cases, there are several different penalties that may apply to offenders. These include: If the offense escalates to a felony, then it is likely that the charge will fall under Arkansas Code § 5-26-304, which charges anyone who commits a battery against a household member that results in serious physical injury with aggravated assault, operating a clandestine lab and firing a weapon from a vehicle. These crimes are Class A felonies, which can include fines of up to $15,000 and between six and 30 years of imprisonment. If the offense constitutes a "Class A" felony, then it will fall under Arkansas Code § 5-4-401(a), which specifies that the possible penalties for a Class A felony are all the same—$15,000 in fines and 30 years in prison. The penalties can be even steeper if the perpetrator has had previous domestic abuse offenses or other felonies on his or her record. For example, someone convicted for the second time of domestic abuse resulting in serious physical injury faces Class Y felony charges, which carry sentences of 10 to 40 years in prison and a fine of up to $20,000. Crimes associated with domestic violence qualify for parole and probation, so offenders are often given second chances at punishment, sometimes serving only a fraction of their sentences behind bars or no time in prison at all if they are sentenced to probation.
The Judicial Process in Domestic Abuse Cases
The Legal Process for Domestic Violence Cases in Arkansas
The first stage of a domestic violence case is typically the arrest, which usually occurs at home or in a public place. The arresting officer will usually take the victim to the hospital if necessary, collect evidence at the scene, take photographs, and take witness statements. Next, an Affidavit of Probable Cause will accompany the probable cause hearing. The victim often states his/her version of the facts leading to the arrest during the probable cause hearing, and it is not uncommon for the victim to recant, change his/her statement or minimize the incident. This often happens because of pressure from the alleged abuser after the arrest. Sometimes the victim just wants the case to go away or may feel guilty for having been the reason for the arrest. The victim also may wish to protect his/her spouse, partner, or significant other from being jailed or penalized. When seeking a writ of habeas corpus, a victim’s testimony is especially relevant, as false testimony could form the basis for a court release even if the defendant has been arrested prior to trial on allegations of domestic violence. Sometimes, the victim will ask that the charges be dropped and may even speak in his/her abuser’s behalf at the bail hearing. However, it’s important to remember that being a victim of domestic violence does not entitle the perpetrator to use his/her victimization to manipulate the law, or the court system to his/her advantage. After an arrest, the defendant will be arraigned and may post bail stemming from the charge. Bail is simply a monetary amount that allows an offender to be released from custody while awaiting trial or other court proceedings . If bail is posted, the defendant is released with conditions, and must meet requirements set by the judge, such as agreeing to refrain from contact of any form with the victim, completing alcohol or drug abuse treatment, reporting to a probation officer, paying restitution, or simply appearing for future court dates. Several bail options are available, including a surety bond (a financial guarantee by a third-party) or a cash bond (in which the defendant or his/her family pays the full bail amount in cash at the county jail). If bail is not posted, the defendant is remanded to jail until he/she can post bail or be sentenced. If remanded, the defendant is afforded an arraignment (the first appearance in court, where the court explains the charges and evidence against the defendant, and the defendant enters a guilty or not guilty plea), an initial bail hearing (where a judge will determine whether the defendant would be released while waiting for trial or sentenced), the opportunity of a plea agreement with the prosecution (where the defendant enters a plea of guilty or no contest, and receives a lesser sentence in exchange for not going to trial, and the opportunity of a trial (at which time the prosecutor must prove the defendant’s guilt beyond a reasonable doubt, though sometimes a jury trial is waived in favor of a bench trial, in which a judge determines guilt or innocence. At the conclusion of the trial – whether a plea bargain is achieved or not – the defendant will either be sentenced (in cases where a plea agreement has been accepted, or after being convicted of the crime) or found not guilty.
Supporting Resources for Victims of Domestic Violence
The state of Arkansas provides a wide range of services and support systems for victims of domestic violence. One of the primary resources is the Arkansas Network for the Protection of Victims of Domestic Abuse, which includes a statewide 24/7 hotline (1-800-799-SAFE) that connects individuals in need with a domestic violence shelter, safe house or transition center. In addition to emergency shelter services, the network connects individuals with legal advocacy, health care, counseling and safety planning services.
There are currently 22 domestic violence shelters and services organizations in the Network. The majority of the shelters provide children’s programming, community support, legal advocacy, medical and health care, counseling, and transition center services. Programs aimed at promoting victim safety and healing include financial literacy, self-sufficiency skills, parenting classes, budgeting and credit management, employment readiness, and GED and job training. Others also provide immigration and culturally specific programming.
In addition to the statewide hotline, the Arkansas Coalition Against Domestic Violence operates several local hotlines in conjunction with Arkansas domestic violence shelters and services organizations. The Coalition also provides comprehensive information about locations, contact information and available services for shelters in each region of the state.
Recent Amendments to Arkansas Domestic Abuse Laws
As of September 1, 2015, Act 846 enables both parents to have temporary custody of a child if there are two adverse facts present. Those adverse facts may include: 1) domestic violence by one of the parents and the impairment of the custodial parent’s psychological ability to care for the child; or 2) a drug-addicted or drug abusing parent who’s unable to care for the child’s safety and welfare. House Bill 2123 acknowledges non-physical forms of abuse or intimidation. Emotional , verbal and psychological abuse are now included as part of the domestic violence definition in Arkansas law. Acts or threatened acts causing fear of immediate and serious bodily injury or physical harm to any family or household member are also now considered forms of domestic abuse or violence.