Browse Arkansas Code titles and sections
5-53-134. Violation of an order of protection.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-53-134. Violation of an order of protection.
(a)(1) A person commits the offense of violation of an order of protection if:
(A) A circuit court or other court with competent jurisdiction has issued a temporary order of protection or an order of protection against the person pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.;
(B) The person has received actual notice or notice pursuant to the Arkansas Rules of Civil Procedure of a temporary order of protection or an order of protection pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.; and
(C) The person knowingly violates a condition of an order of protection issued pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.
(2) A person commits the offense of violation of an out-of-state order of protection if:
(A) The court of another state, a federally recognized Indian tribe, or a territory with jurisdiction over the parties and matters has issued a temporary order of protection or an order of protection against the person pursuant to the laws or rules of the other state, federally recognized Indian tribe, or territory;
(B) The person has received actual notice or other lawful notice of a temporary order of protection or an order of protection pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory;
(C) The person knowingly violates a condition of an order of protection issued pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; and
(D) The requirements of § 9-15-302 concerning the full faith and credit for an out-of-state order of protection have been met.
(3)(A) A service member commits the offense of violation of a military order of protection if:
(i) The comm
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-53-134
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:5-53-134
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ba4249a95160e63624d69327cc1b3d33adcc3e7613250bc0d19f95e38d54ae91
Source location: content.xml paragraph 19535
Stored source content
5-53-134. Violation of an order of protection.
(a)(1) A person commits the offense of violation of an order of protection if:
(A) A circuit court or other court with competent jurisdiction has issued a temporary order of protection or an order of protection against the person pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.;
(B) The person has received actual notice or notice pursuant to the Arkansas Rules of Civil Procedure of a temporary order of protection or an order of protection pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.; and
(C) The person knowingly violates a condition of an order of protection issued pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.
(2) A person commits the offense of violation of an out-of-state order of protection if:
(A) The court of another state, a federally recognized Indian tribe, or a territory with jurisdiction over the parties and matters has issued a temporary order of protection or an order of protection against the person pursuant to the laws or rules of the other state, federally recognized Indian tribe, or territory;
(B) The person has received actual notice or other lawful notice of a temporary order of protection or an order of protection pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory;
(C) The person knowingly violates a condition of an order of protection issued pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; and
(D) The requirements of § 9-15-302 concerning the full faith and credit for an out-of-state order of protection have been met.
(3)(A) A service member commits the offense of violation of a military order of protection if:
(i) The commanding general, a military judge, or a special courts-martial convening authority as authorized by § 12-64-406(b) issues a military order of protection against the service member;
(ii) The service member receives actual notice or other lawful notice of the military order of protection as authorized under United States Department of Defense Instruction 6400.06, as it existed on January 1, 2017; and
(iii) The service member knowingly violates a condition of the military order of protection.
(B) A prosecution against a service member for the offense of violation of a military order of protection does not prohibit the commanding general or military commander who issued the military order of protection from pursuing appropriate disciplinary action against the service member under the Military Code of Arkansas.
(b)(1) Except as provided in subdivision (b)(2) of this section, violation of an order of protection under this section is a Class A misdemeanor.
(2) Violation of an order of protection under this section is a Class D felony if:
(A) The offense is committed within five (5) years of a previous conviction for violation of an order of protection under this section; and
(B) The order of protection was issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate.
(c)(1) A law enforcement officer may arrest and take into custody without a warrant a person whom the law enforcement officer has probable cause to believe:
(A) Is subject to an order of protection issued under the laws of this state; and
(B) Has violated the terms of the order of protection, even if the violation did not take place in the presence of the law enforcement officer.
(2) Under § 9-15-302, a law enforcement officer or law enforcement agency may arrest and take into custody without a warrant a person whom the law enforcement officer or law enforcement agency has probable cause to believe:
(A) Is subject to:
(i) An order of protection issued under the laws or rules of another state, a federally recognized Indian tribe, or a territory; or
(ii) A military order of protection; and
(B) Has violated the terms of the order of protection issued under the laws or rules of the other state, federally recognized Indian tribe, or territory, or the military order of protection, even if the violation did not take place in the presence of the law enforcement officer.
(3)(A) If a service member is in the custody of a law enforcement agency as authorized in subdivision (c)(2) of this section, the law enforcement agency shall notify the office of the Adjutant General of the Arkansas National Guard within twenty-four (24) hours from the time the service member was placed in the custody of the law enforcement agency.
(B)(i) The Arkansas National Guard shall take custody of the service member within forty-eight (48) hours from the time the service member was placed in the custody of the law enforcement agency.
(ii) However, if the Arkansas National Guard does not take custody of the service member as required by subdivision (c)(3)(B)(i) of this section, the law enforcement agency shall release the service member.
(d) It is an affirmative defense to a prosecution under this section if:
(1) The parties have reconciled prior to the violation of the order of protection;
(2) The petitioner for the order of protection:
(A) Invited the defendant to come to the petitioner's residence or place of employment listed in the order of protection; and
(B) Knew that the defendant's presence at the petitioner's residence or place of employment would be in violation of the order of protection;
(3) The petitioner for the order of protection arranged or invited the defendant into meeting at a location or took affirmative steps to communicate with the defendant with the promise that the petitioner would not report the defendant to law enforcement for violating the order of protection; or
(4) The petitioner for the order of protection visited the residence or place of employment of the defendant on his or her own accord and without any threat, duress, or coercion on the part of the defendant.
(e) Any law enforcement officer acting in good faith and exercising due care in making an arrest for domestic abuse in an effort to comply with this subchapter shall have immunity from civil or criminal liability.
(f) As used in this section:
(1) “Military order of protection” means an official command directed at a service member for the purpose of preventing violent and threatening acts against a person who:
(A) Is the current or former spouse of the service member;
(B) Is or was a child, step-child, parent, step-parent, sibling, guardian, or ward of the service member;
(C) Is residing or cohabitating or in the past has resided or cohabitated with the service member;
(D) Has or had a child in common with the service member;
(E) Is or has been in a dating relationship with the service member as defined by § 9-15-103;
(F) Has had an intimate sexual relationship with the service member; or
(G) Has made allegations against the service member of violations of the punitive article of sexual misconduct as defined by § 12-64-845; and
(2) “Service member” means a person serving in:
(A) Any branch or reserve component of the United States Armed Forces; or
(B) The National Guard of any state.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-64-406. Convening courts-martial.
(a) General, special, and summary courts-martial may be convened by the Governor or the commanding general of the organized militia.
(b) Special courts-martial may be convened by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command.
(c)(1) Summary courts-martial consisting of one (1) commissioned officer may be convened by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where the troops are on duty, or of a brigade, regiment, wing, group, detached battalion, squadron, company, or other detachment.
(2) The proceedings shall be informal.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-64-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-64-406. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-101. Purpose.
The purpose of this chapter is to provide an adequate mechanism whereby the State of Arkansas can protect the general health, welfare, and safety of its citizens by intervening when abuse of a member of a household by another member of a household occurs or is threatened to occur, thus preventing further violence. The General Assembly has assessed domestic abuse in Arkansas and believes that the relief contemplated under this chapter is injunctive and therefore equitable in nature. The General Assembly hereby finds that this chapter is necessary to secure important governmental interests in the protection of victims of abuse and the prevention of further abuse through the removal of offenders from the household and other injunctive relief for which there is no adequate remedy in current law. The General Assembly hereby finds that this chapter shall meet a compelling societal need and is necessary to correct the acute and pervasive problem of violence and abuse within households in this state. The equitable nature of this remedy requires the legislature to place proceedings contemplated by this chapter under the jurisdiction of the circuit courts.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-15-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-103. Definitions.
As used in this chapter:
(1) “Commercial mobile radio service” means commercial mobile service as defined in 47 U.S.C. § 332;
(2) “County where the petitioner resides” means the county in which the petitioner physically resides at the time the petition is filed and may include a county where the petitioner is located for a short-term stay in a domestic violence shelter;
(3)(A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that shall be determined by examining the following factors:
(i) The length of the relationship;
(ii) The type of the relationship; and
(iii) The frequency of interaction between the two (2) individuals involved in the relationship.
(B) “Dating relationship” does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;
(4) “Domestic abuse” means:
(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or
(B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state;
(5) “Family or household members” means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, in-laws, any children residing in the household, persons who presently or in the past have resided or cohabited together, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together;
(6) “In-laws” means persons related by marriage within the second degree of consanguinity; and
(7) “Wireless telephone service provider” m
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-15-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-302. Full faith and credit.
(a) An order of protection shall be afforded full faith and credit by the courts of this state and shall be enforced by law enforcement as if it were issued in this state if the order of protection:
(1) Meets the requirements of subsection (b) or subsection (c) of this section and is issued by a court of another state, a federally recognized Indian tribe, or a territory; or
(2) Is a military order of protection as defined under § 5-53-134(f)(1).
(b) An order of protection issued by a court of another state, a federally recognized Indian tribe, or a territory meets the requirements of this section if:
(1) The court had jurisdiction over the parties and matters under the laws of the other state, the federally recognized Indian tribe, or the territory; and
(2)(A) Reasonable notice and opportunity to be heard was given to the person against whom the order was sought sufficient to protect that person's right to due process.
(B) In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by the laws or rules of the other state, the federally recognized Indian tribe, or the territory and, in any event, within a reasonable time after the order is issued sufficient to protect the due process rights of the party against whom the order is enforced.
(c) An order of protection issued against both the petitioner and the respondent by a court of another state, a federally recognized Indian tribe, or a territory shall not be enforceable against the petitioner unless:
(1) The respondent filed a cross or counter petition, complaint, or other written pleading seeking an order of protection;
(2) The issuing court made specific findings against both the petitioner and the respondent; and
(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-302
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-15-302. This identifies an authority to review, not proof of applicability.