Arkansas State Laws

Concerning Domestic Abuse

 

     There are many different laws that the crime of domestic abuse incorporates. The crime has many elements and levels of severity which determine the type of response / charges the police make and the manner in which the charge is prosecuted. It is not always just the abuser and abused who is involved, often there are children involved that, while having not been abused, their safety is still a concern to the police and courts. I have posted links to many laws that constitute the Domestic Abuse law of Arkansas with the hope that it will serve as an informative aid.

Laws on this site are current as of September 2, 2000

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Title 9 Family Law

("The Domestic Abuse Act of 1991")

 Subchapter 1. General Provisions.
  § 9-15-101. Purpose.
  § 9-15-102. Title
  § 9-15-103. Definitions.

Subchapter 2. Judicial Proceedings.
  § 9-15-201. Petition - Requirements generally.
  § 9-15-202. Filing fees.
  § 9-15-203. Petition - Form.
  § 9-15-204. Hearing - Service.
  § 9-15-205. Relief generally - Duration.
  § 9-15-206. Temporary order.
  § 9-15-207. Protection order - Enforcement - Penalties - Criminal jurisdiction.
  § 9-15-208. Law enforcement assistance.
   § 9-15-209. Modification of orders.
  § 9-15-210. Contempt proceedings.
  § 9-15-211. Jurisdiction generally.
  § 9-15-212. Effect of no contact order.
  § 9-15-213. Police conduct and procedure.
  § 9-15-214. Denial of relief prohibited.
  § 9-15-215. Factors in determining custody and visitation.

Subchapter 3. Out-of-State Protection Orders.
  § 9-15-301. Filing in this state.
  § 9-15-302. Full faith and credit.
  § 9-15-303. Immunity from liability.

Crimes Against Persons

(Domestic Battery and Assault, Terroristic Threatening, Stalking)

Crimes Against Family or Household Members
  § 5-26-302. Definitions.
  § 5-26-303. Domestic battering in the first degree.
  § 5-26-304. Domestic battering in the second degree.
  § 5-26-305. Domestic battering in the third degree.
  § 5-26-306. Aggravated assault on a family or household member.
  § 5-26-307. First degree assault on family or household member.
  § 5-26-308. Second degree assault on family or household member.
  § 5-26-309. Third degree assault on a family or household member.

General
  § 5-13-201. Battery in the first degree.
  § 5-13-202. Battery in the second degree.
  § 5-13-203. Battery in the third degree.
  § 5-13-204. Aggravated assault.
  § 5-13-205. Assault in the first degree.
  § 5-13-206. Assault in the second degree.
  § 5-13-207. Assault in the third degree.
  § 5-13-208. Coercion.
  § 5-13-210. Introduction of controlled substance into body of another person.

  § 5-13-301. Terroristic threatening.
   § 5-71-208. Harassment.
   § 5-71-209. Harassing communications.
  § 5-41-108. Unlawful computerized communications.
  § 5-71-229. Stalking.

Nonsupport

  § 5-26-401. Nonsupport.
 § 5-26-410. Jurisdiction.
  § 5-26-411. Evidence of marriage and parentage - Spouse as witness.
 § 5-26-412. Payment of fine to spouse or guardian.
  § 5-26-413. Temporary support order.
 § 5-26-414. Order for periodic payments - Release of defendant on own recognizance.
 § 5-26-415. Times when periodic payments may be authorized.
  § 5-26-416. Violation of order - Forfeiture of recognizance.

Custody and Visitation

  § 9-15-215. Factors in determining custody
  § 5-26-501. Interference with visitation.
  § 5-26-502. Interference with custody.

Child Abuse

Child Abuse Reporting.
   § 5-27-221. Permitting abuse of a child.
  § 12-12-501. Purpose.
  § 12-12-502. Regulations - Cooperative agreements.
  § 12-12-503. Definitions.
  § 12-12-504. Penalties.
   § 12-12-505. Central registry.
  § 12-12-506. Disclosure of central registry data.
  § 12-12-507. Reports of suspected abuse or neglect.
  § 12-12-508. Radiology procedures, photographs, and medical records.
  § 12-12-509. Investigation - Examinations of children.
  § 12-12-510. Investigative powers.
  § 12-12-511. Investigation to be closed.
  § 12-12-512. Child maltreatment investigative determination (title shortened)
  § 12-12-513. Requests for subpoenas - Form.
  § 12-12-514. Child maltreatment investigative report.
  § 12-12-515. Provision of information to person or agency (title shortened)
  § 12-12-516. Protective custody of children.
  § 12-12-517. Liability.
  § 12-12-518. Privileged communications as evidence - Exception.

Elderly Abuse

Subchapter 1. General Provisions.
  § 5-28-101. Definitions.
  § 5-28-102. Legislative intent.
  § 5-28-103. Criminal penalties for adult abuse.
  § 5-28-104. Privilege not grounds for exclusion of evidence.
  § 5-28-105. Spiritual treatment alone not abusive.
  § 5-28-106. Civil penalties.
  § 5-28-107. Investigation by Attorney General (title shortened)
  § 5-28-108. Special deputy prosecutor.

Subchapter 2. Reporting.
  § 5-28-201. Central registry.
  § 5-28-202. Penalties for failure to report abuse.
  § 5-28-203. Persons required to report abuse.
  § 5-28-204. Report of death caused by abuse.
  § 5-28-205. Photographs and X rays.
  § 5-28-206. Reporting procedures generally.
  § 5-28-207. Contents of central registry.
  § 5-28-208. Telephone reporting - Determination of prior records.
  § 5-28-209. Contents of report.
  § 5-28-210. Investigation
  § 5-28-211. Rights of subject of report (title shortened)
  § 5-28-212. Expungement of information.
  § 5-28-213. Availability of reports of adult abuse.
  § 5-28-214. Reports as evidence.
  § 5-28-215. Immunity for investigation participants.
  § 5-28-216. Penalties.

Subchapter 3. Protective Placement and Custody.
  § 5-28-301. Emergency custody.
  § 5-28-302. Voluntary placement.
  § 5-28-303. Temporary custody.
  § 5-28-304. Long-term custody - Notice.
  § 5-28-305. Contents of petition.
  § 5-28-306. Long-term custody - Hearing - Placement - Appeal.
  § 5-28-307. Protection of assets of a person in the custody of the Department of Human Services.
  § 5-28-308. Jurisdiction - Custody proceedings.