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9-15-217. Order of protection — Violations — Domestic violence surveillance program — Global positioning devices — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-217. Order of protection — Violations — Domestic violence surveillance program — Global positioning devices — Definition.
(a)(1)(A) A person who is charged with violating an ex parte order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.
(B) A person who is charged with violating a final order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.
(2) The court having jurisdiction over the charge may order the defendant released from electronic surveillance before the adjudication of the charge.
(b) A person who is found guilty of violating an order of protection may be placed under electronic surveillance at his or her expense as part of his or her sentence for a minimum of four (4) months but not to exceed one (1) year.
(c) As used in this section, “electronic surveillance” means active surveillance technology worn by or attached to a person that is a single-piece device that immediately notifies law enforcement or other monitors of a violation of the distance requirements or locations that the defendant is barred from entering and may also include technology that:
(1) Immediately notifies the victim of any violation;
(2) Allows law enforcement or monitors to speak to the offender in some manner through or in conjunction with the device;
(3) Has a loud alarm that can be activated to warn the potential victim of the offender's presence in a place he or she is barred from entering;
(4) Is waterproof; and
(5) Can be tracked by either satellite or cellular phone tower
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-217
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.
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Record provenance
Stable record: arkansas_code:legal_authorities:9-15-217
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6bce2053db55f4bfb292158bc420d32462b96a43f1510e612b2ab9306452ecc2
Source location: content.xml paragraph 10131
Stored source content
9-15-217. Order of protection — Violations — Domestic violence surveillance program — Global positioning devices — Definition.
(a)(1)(A) A person who is charged with violating an ex parte order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.
(B) A person who is charged with violating a final order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.
(2) The court having jurisdiction over the charge may order the defendant released from electronic surveillance before the adjudication of the charge.
(b) A person who is found guilty of violating an order of protection may be placed under electronic surveillance at his or her expense as part of his or her sentence for a minimum of four (4) months but not to exceed one (1) year.
(c) As used in this section, “electronic surveillance” means active surveillance technology worn by or attached to a person that is a single-piece device that immediately notifies law enforcement or other monitors of a violation of the distance requirements or locations that the defendant is barred from entering and may also include technology that:
(1) Immediately notifies the victim of any violation;
(2) Allows law enforcement or monitors to speak to the offender in some manner through or in conjunction with the device;
(3) Has a loud alarm that can be activated to warn the potential victim of the offender's presence in a place he or she is barred from entering;
(4) Is waterproof; and
(5) Can be tracked by either satellite or cellular phone tower triangulation.
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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. The source passage cites 5-53-134. This identifies an authority to review, not proof of applicability.