Domestic violence laws in Arkansas prohibit people from physically injuring family members and household members.
Domestic violence laws in Arkansas prohibit people from physicallyinjuring family members and household members. Arkansas also makes itillegal to engage in conduct that creates a substantial danger of deathor serious injury to a family or household member. Punishment fordomestic violence crimes range from misdemeanor penalties to lengthyfelony prison sentences.
Protected Persons
Arkansas domestic violence laws apply to aggressors and victims who are family or household members.
Arkansas defines "family or household members" as:
- current or former spouses
- parents and children
- persons related by blood
- a child living in the household
- persons who currently or previously lived together
- people who have a child together, and
- persons who currently or formerly were in a dating relationship
Indetermining whether the defendant and victim are or were in a datingrelationship, a court considers the length of the relationship, the typeof the relationship, and the frequency of the interactions betweenthose involved. People in casual relationships or who fraternize in abusiness or social context are not considered to be in a datingrelationship.
Domestic Battering: Differing Degrees & Penalties
Arkansascategorizes domestic violence crimes according to the level of injurysuffered by the victim. First-degree battering is the most serious andcarries the stiffest penalties; second-degree and third-degree batteringare less serious offenses.
First-degree domestic battering
A person commits domestic battering in the first degree against a household or family member if the person causes:
- serious physical injury by use of a deadly weapon while intending to cause such an injury
- serious permanent disability or disfigurement with the intent to cause such an injury
- serious physical injury under circ*mstances that demonstrate an extreme indifference to the value of human life, or
- seriousphysical injury to a household or family member who the person knows iseither under the age of thirteen or over the age of sixty.
Domesticbattering in the first degree is a Class B felony, which carries up to20 years in prison. Domestic battering in the first degree is a Class Afelony if the defendant either knew or should have known that the victimwas pregnant, or if the defendant has a prior domestic batteringconviction within the previous five years. Class A felonies can bepunished by up to 30 years in prison.
Second-degree domestic battering
Someone commits domestic battering in the second degree against a family or household member if the person:
- causes serious physical injury while intending to cause physical injury
- inflicts physical injury by use of a deadly weapon while intending to cause such injury
- recklessly causes serious physical injury by use of a deadly weapon, or
- knowinglycauses physical injury to a household or family member that the personknows to be sixty years of age or older or twelve years of age oryounger.
Domestic battering in the second degree is a Class Cfelony, carrying a maximum prison sentence of ten years. If thedefendant knew or should have known that the victim was pregnant, or ifthe defendant has a prior domestic battering conviction within theprevious five years, the new conviction for domestic battering in thesecond degree is a Class B felony.
Third-degree domestic battering
A person commits domestic battering in the third degree against a family or household member if the person:
- causes physical injury while intending to cause such injury
- recklessly causes physical
- negligently causes physical injury by use of a deadly weapon, or
- intentionallycauses physical or mental impairment by administering to the family orhousehold member (without that person's consent) a drug or any othersubstance.
Domestic battering in the third degree is a ClassA misdemeanor, punishable by up to a year in jail. If the defendantknew or should have known that the victim was pregnant, or if thedefendant has a previous domestic battering or aggravated assaultconviction within the previous five years, the new offense is a Class Dfelony, punishable by up to six years in prison. If the defendant isconvicted of third-degree domestic battering and has two previousconvictions within the previous ten years for acts of battery against afamily or household member, the new conviction is a Class D felony.
Aggravated assault on a family or household member
Aperson commits aggravated assault on a family member or householdmember by engaging in conduct that creates a substantial danger of deathor serious physical injury to a family or household member. Ark. Code §5-26-306 requires that the conduct demonstrate the defendant's extremeindifference to the value of human life in order for the defendant to beconvicted of the offense.
Protective Orders
Someoneclaiming to be the victim of domestic violence may petition a court for aprotective order. If the court finds that domestic violence wascommitted, it may order any relief deemed necessary to protect thevictim. The relief can include restraining the abuser from injuring,harassing, or having any type of contact with the victim. The relief mayalso include requiring the abuser to move out of the home and providetemporary financial support for any minor children or a spouse.
Courtscan issue protective orders for periods as short as 90 days and amaximum duration of ten years. A person who is charged with violating aprotective order may be placed under electronic surveillance as acondition of release from jail.
Those who violate a protectiveorder are guilty of a Class A misdemeanor, which carries a maximum ofone year in jail. If the violation of a protective order occurs withinfive years of a previous conviction for violating a protective order,the new violation is a Class D felony.
Defenses to a Charges of Violating a Protective Order
Arkansaslaw provides several defenses to charges of violating a protectiveorder. These defenses include showing that the defendant and victim havereconciled, or proving that the victim invited the defendant to thevictim's residence or place of employment, knowing that the protectiveorder prohibited the defendant from being present at these locations.
Contact A Lawyer
Aconviction for a domestic violence offense in Arkansas carries thepossibility of incarceration, including the possibility of a lengthyprison sentence if the offense is a felony. If you are charged with adomestic violence crime in Arkansas, you should consult with a lawyerexperienced in handling domestic violence cases. A lawyer may seek tohave damaging evidence excluded from trial or may ask the court todismiss the charge. A skillful lawyer will protect your rights andprovide guidance to you throughout the process, including representingyou in front of a judge or jury if your case goes to trial.
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Domestic Violence Laws in Arkansas
Domestic violence laws in Arkansas prohibit people from physically injuring family members and household members. These laws also make it illegal to engage in conduct that creates a substantial danger of death or serious injury to a family or household member. The punishment for domestic violence crimes in Arkansas can range from misdemeanor penalties to lengthy felony prison sentences.
Protected Persons
Arkansas domestic violence laws apply to both aggressors and victims who are family or household members. Arkansas defines "family or household members" as:
- Current or former spouses
- Parents and children
- Persons related by blood
- A child living in the household
- Persons who currently or previously lived together
- People who have a child together
- Persons who currently or formerly were in a dating relationship
In determining whether the defendant and victim are or were in a dating relationship, a court considers factors such as the length and type of the relationship, as well as the frequency of interactions between those involved. Casual relationships or fraternization in a business or social context are not considered to be dating relationships .
Domestic Battering: Differing Degrees & Penalties
Arkansas categorizes domestic violence crimes according to the level of injury suffered by the victim. The degrees of domestic battering and their corresponding penalties are as follows:
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First-degree domestic battering: This offense involves causing serious physical injury by use of a deadly weapon, causing serious permanent disability or disfigurement, causing serious physical injury under circ*mstances that demonstrate an extreme indifference to the value of human life, or causing serious physical injury to a household or family member who is either under the age of thirteen or over the age of sixty. First-degree domestic battering is a Class B felony, carrying up to 20 years in prison. It becomes a Class A felony if the defendant knew or should have known that the victim was pregnant, or if the defendant has a prior domestic battering conviction within the previous five years. Class A felonies can be punished by up to 30 years in prison.
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Second-degree domestic battering: This offense involves causing serious physical injury, inflicting physical injury by use of a deadly weapon, recklessly causing serious physical injury by use of a deadly weapon, or knowingly causing physical injury to a household or family member who is sixty years of age or older or twelve years of age or younger. Second-degree domestic battering is a Class C felony, carrying a maximum prison sentence of ten years. It becomes a Class B felony if the defendant knew or should have known that the victim was pregnant, or if the defendant has a prior domestic battering conviction within the previous five years.
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Third-degree domestic battering: This offense involves causing physical injury, recklessly causing physical injury, negligently causing physical injury by use of a deadly weapon, or intentionally causing physical or mental impairment by administering a drug or any other substance to a family or household member without their consent. Third-degree domestic battering is a Class A misdemeanor, punishable by up to a year in jail. It becomes a Class D felony if the defendant knew or should have known that the victim was pregnant, or if the defendant has a previous domestic battering or aggravated assault conviction within the previous five years. A Class D felony can be punished by up to six years in prison. If the defendant is convicted of third-degree domestic battering and has two previous convictions within the previous ten years for acts of battery against a family or household member, the new conviction is also a Class D felony .
Aggravated Assault on a Family or Household Member
Aggravated assault on a family or household member in Arkansas involves engaging in conduct that creates a substantial danger of death or serious physical injury to a family or household member. To be convicted of this offense, the conduct must demonstrate the defendant's extreme indifference to the value of human life. The penalties for aggravated assault on a family or household member depend on the specific circ*mstances of the case .
Protective Orders
Someone who claims to be the victim of domestic violence in Arkansas may petition a court for a protective order. If the court finds that domestic violence was committed, it may order any relief deemed necessary to protect the victim. This relief can include restraining the abuser from injuring, harassing, or having any type of contact with the victim. The court may also require the abuser to move out of the home and provide temporary financial support for any minor children or a spouse. Protective orders can be issued for periods as short as 90 days and a maximum duration of ten years. Violating a protective order is a criminal offense and can result in penalties, including jail time .
Defenses to Charges of Violating a Protective Order
Arkansas law provides several defenses to charges of violating a protective order. These defenses include showing that the defendant and victim have reconciled or proving that the victim invited the defendant to their residence or place of employment, knowing that the protective order prohibited the defendant from being present at those locations .
If you are facing charges related to domestic violence in Arkansas, it is important to consult with a lawyer experienced in handling domestic violence cases. A skilled lawyer can protect your rights, provide guidance throughout the legal process, and represent you in court if necessary.
Please note that the information provided above is based on the search results provided by You.com and may not cover all aspects of the topic. It is always advisable to consult official legal sources or seek professional legal advice for specific legal matters.
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