computer tutorials free

BaddTeddy
Computer Tutorials

computer tutorials



computer tutorials free

BaddTeddy
Computer Tutorials

Abuse

Knights Of Kindness  

Addictions

Consumer Help Family Matters Medical
Seniors
Adoption
Disabled Travel Government Medications Special Education
Birth Parent Resources
Disability Homeless Missing Children Stalkers
Car Buying
Education Humor Pregnancy and Children Stories Of Heart
Change The World
Emotional Support Law Resources Public Assistance Travel
Computer Tutorials
Entertainment Maps Save Money Viruses - Worms
Visit Our Main Site   Suggestions
ABUSE INDEX
ABUSE LAWS
ABUSE SHELTERS
LETTER TO VICTIMS
MAIN INDEX

domestic abuse laws arkansas

 

Abuse Laws
Arkansas

2001

domestic abuse laws arkansas

Note: This page features auto-scrolling links by statute.

Title 9 Family Law ("The Domestic Abuse Act of 1991")

 Subchapter 1. General Provisions.

Subchapter 2. Judicial Proceedings.

Subchapter 3. Out-of-State Protection Orders.

domestic abuse laws arkansas

 Subchapter 1. General Provisions.

§ 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 of the State of Arkansas 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 chancery courts.

History. Acts 1991, No. 266, § 1.

(back to top)

domestic abuse laws arkansas

§ 9-15-102. Title.

This chapter shall be known and may be cited as "The Domestic Abuse Act of 1991".

History. Acts 1991, No. 266, § 11.

(back to top) domestic abuse laws arizona

§ 9-15-103. Definitions.

As used in this chapter:

(a) "Domestic abuse" means:

          (1) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or

          (2) Any sexual conduct between family or household members, whether minors, or adults which constitutes a crime under the laws of this state.

(b) "Family or household members" means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, any child residing in the household, and persons who presently or in the past have resided or cohabited together.

History. Acts 1991, No. 266, § 2; 1999, No. 1551, § 1.

(back to top)

domestic abuse laws arizona

Subchapter 2. Judicial Proceedings.

§ 9-15-201. Petition - Requirements generally.

(a) All petitions under this chapter shall be verified.

(b) The petition shall be filed in the county where the petitioner resides, where the alleged incident of abuse occurred, or where the respondent may be served.

(c) A petition for relief under this chapter shall be filed in the chancery court.

(d) A petition may be filed by any family or household member or on behalf of another family or household member who is a minor or who has been adjudicated incompetent.

(e) A petition for relief shall allege the existence of domestic abuse and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the domestic abuse and the specific relief sought.

(f) The petition may be filed regardless of whether there is any pending litigation between the parties.

(g) A person's right to file a petition, or obtain relief hereunder shall not be affected by his or her leaving the residence or household to avoid abuse.

History. Acts 1991, No. 266, §§ 3, 8.

(back to top)

domestic abuse laws arizona

§ 9-15-202. Filing fees.

(a) The court, clerks of the court, and law enforcement agencies shall not require any initial filing fees or service costs.

(b) Established filing fees may be assessed at the full hearing.

(c)(1) The abused in any domestic violence petition for relief for a protection order sought pursuant to this subchapter shall not bear the cost associated with its filing, or the costs associated with the issuance or service of a warrant and witness subpoena.

         (2) Nothing in this subsection shall be construed to prohibit a judge from assessing costs if the allegations of abuse are determined to be false.

History. Acts 1991, No. 266, § 9; 1995, No. 401, § 1.

(back to top)

domestic abuse laws arizona and self help information

§ 9-15-203. Petition - Form.

(a) The clerks of the court shall provide simplified forms and clerical assistance to help petitioners with the writing and filing of a petition under this chapter if the petitioner is not represented by counsel.

(b) The petition may be in substantially the following form:

Petition for Order of Protection

Case No. __________

__________________ Petitioner's home address:

Petitioner

______________________________________________________________________

__________________ ___________________________________________________

Social Security Number

Petitioner's work address:

vs.

______________________________________________________________________

__________________ Respondent's home address:

Respondent

______________________________________________________________________

______________________________________________________________________

__________________

Social Security Number,

if known

Respondent's work address:

______________________________________________________________________

________________________________________________________________

_ I am the petitioner and _ at least 18 years of age _ under 18 but emancipated.

_ I am filing on behalf of myself.

_ I am filing on behalf of a family or household member who is:

_ a minor(s): (list) _______________________________________________________

_ an adjudicated incompetent person: (list) ________________________________

_ The respondent is _ at least 18 years of age _ under 18 but emancipated.

The respondent and petitioner (or victim if filing on behalf of a minor or incompetent person): (check all that apply)

_ are spouses _ are related by blood

_ are parent and child _ currently reside together or

cohabitate

_ are former spouses _ formerly resided together or

cohabitated

If order of protection of children is requested:

Children Date of Birth Address Relationship to Parties

____________________________________________________________________________

___________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

The respondent has committed domestic abuse to the petitioner or victim by the following acts: (describe)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

_____________________________________________________________________________

I am afraid of the respondent and: (describe)

____________________________________________________________________________

___________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

_____________________________________________________________________________

________ (1) There is an immediate and present danger of domestic abuse to me; or

________ (2) The respondent is scheduled to be released from incarceration within thirty (30) days and upon the respondent's release there will be an immediate and present danger of domestic abuse to me.

The reasons are as follows: (describe)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

_____________________________________________________________________________

_ Petitioner requests that the court issue an ex parte order of protection with the following provisions: (check all that apply)

_ excluding the respondent from a shared residence or from the residence of the petitioner or victim. Address of residence:

_____________________________________________________________________________

_ excluding the respondent from the place of business, employment, school or other location of the petitioner or victim. Address of residence:

_____________________________________________________________________________

_ excluding the respondent from the place of business, employment, school or other location of the petitioner or victim. Address of:

place of business: _______________________________________________________

employment: ______________________________________________________________

school: __________________________________________________________________

other (identify): _________________________________________________________

Prohibiting the respondent, directly or through an agent, from contacting the petitioner or victim, except under the following conditions:

____________________________________________________________________________

__________________________________________________________________________

_____________________________________________________________________________

_ awarding temporary custody of minor children as follows:

Child's Name Person to Receive Custody

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

_ requiring the respondent to pay child support in the amount of $________ per child per month

_ requiring the respondent to pay spousal support in the amount of $________ per month

_ excluding the petitioner's address from notice to the respondent

_ It is further requested that upon hearing the court issue a full order of protection with the following provisions: (check all that apply)

_ excluding the respondent from the shared residence or from the residence of the petitioner or victim. Address of the residence:

_____________________________________________________________________________

_ excluding the respondent from the place of business, employment, school or other location of the petitioner or victim. Address of:

place of business: _______________________________________________________

employment: ______________________________________________________________

school: __________________________________________________________________

other (identify): _________________________________________________________

_ awarding temporary custody of minor children as follows:

Child's Name Person to Receive Custody

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

_____________________________________________________________________________

_ requiring the respondent to pay child support in the amount of $________ per child per month

_ requiring the respondent to pay spousal support in the amount of $________ per month

_ requiring the respondent to pay filing fees, service fees, court costs and petitioner's attorney fees.

The petitioner under oath states that the facts stated in the above petition are true according to the petitioner's best knowledge and belief.

__________ __________________________________________________________

Date Petitioner's signature

STATE OF ARKANSAS

COUNTY OF __________________

Subscribed and sworn to before me this ________ day of ____________, 19____.

____________________________________________________________________

Notary Public

My Commission Expires:

____________________________________

History. Acts 1991, No. 266, § 3; 1999, No. 662, § 1.

(back to top)

domestic abuse laws arizona and self help information

§ 9-15-204. Hearing - Service.

(a) When a petition is filed pursuant to this chapter, the court shall order a hearing to be held thereon not later than thirty (30) days from the date on which the petition is filed or at the next court date, whichever is later.

(b) Service shall be made upon the respondent at least five (5) days prior to the date of the hearing. If service cannot be made on the respondent, the court may set a new date for the hearing.

(c) Nothing in this section shall preclude the court from setting an earlier hearing.

History. Acts 1991, No. 266, § 4; 1997, No. 895, § 1.

(back to top)

domestic abuse laws arizona and self help information

§ 9-15-205. Relief generally - Duration.

(a) At the hearing on the petition, the court may provide the following relief:

          (1) Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioneror victim;

          (2) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim;

          (3) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties;

          (4) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards;

          (5) Allow the prevailing party a reasonable attorney's fee as part of the costs;

          (6) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and

          (7)(A) Order such other relief as the court deems necessary or appropriate for the protection of a family or household member.

               (B) Such relief may include, but not be limited to, enjoining and restraining the abusing party from doing, attempting to do, or threatening to do any act injuring, mistreating, molesting, or harassing the petitioner.

(b) Any relief granted by the court for protection under the provisions of this chapter shall be for a fixed period of time not less than ninety (90) days nor more than two (2) years in duration, and may be renewed at a subsequent hearing upon proof and a finding by the court that the threat of domestic abuse still exists.

History. Acts 1991, No. 266, § 5; 1999, No. 662, § 2; 1999, No. 1551, § 2.

(back to top)

domestic abuse laws arizona and self help information

§ 9-15-206. Temporary order.

(a) When any petition under this chapter alleges an immediate and presentdanger of domestic abuse or that the respondent is scheduled to be released from incarceration within thirty (30) days, and upon the respondent's release there will be an immediate and present danger of domestic abuse, and the court finds sufficient evidence to support the petition, the court shall grant a temporary order of protection pending a full hearing.

(b) An ex parte temporary order of protection may include any or all of the orders provided for in §§ 9-15-201 and 9-15-203.

(c) A temporary order of protection shall be effective for a fixed period not to exceed thirty (30) days.

(d) When a temporary order is issued as authorized in this section, a hearing shall be set for no later than thirty (30) days from the issuance of the temporary order.

(e) Upon the issuance of an ex parte temporary order, a copy of the order together with a copy of the petition, excluding, pursuant to court order, the address of the petitioner and notice of the date and place set for the full hearing shall be served in accordance with applicable rules of service under the Arkansas Rules of Civil Procedure.

(f) Incarceration or imprisonment of the abusing party shall not bar the court from issuing an order of protection.

(g)(1)(A) A petitioner may omit his or her home or business address from all documents filed with the court.

          (B) If a petitioner omits his or her address, the petitioner must provide the court with a mailing address.

     (2) If disclosure of a petitioner's address is necessary to determine jurisdiction or consider venue, the court may order the disclosure be made:

         (A) After receiving the petitioner's consent;

         (B) Orally and in chambers, out of the presence of the respondent, and a sealed record to be made; or

         (C) After a hearing, if the court takes into consideration the safety of the petitioner and finds such disclosure in the interest of justice.

History. Acts 1991, No. 266, § 6; 1997, No. 895, § 2; 1999, No. 662, § 3; 1999, No. 1551, § 3.

(back to top)

domestic abuse laws arizona and self help information

§ 9-15-207. Protection order - Enforcement - Penalties - Criminal jurisdiction.

(a) Any order of protection granted pursuant to this chapter shall be enforceable by any law enforcement agency with proper jurisdiction.

(b) Any order of protection shall include a notice to the respondent or party restrained that a violation of the order is a Class A misdemeanor carrying a maximum penalty of one (1) year imprisonment in the county jail or a fine of up to one thousand dollars ($1,000), or both.

(c) Jurisdiction for the criminal offense of violating the terms of an order of protection shall be with the circuit court or other courts having jurisdiction over criminal matters.

(d)(1) In the final order of protection, the petitioner's home or business address may specifically be excluded from notice to the respondent.

     (2) A court shall also order that the petitioner's copy of the order of protection be excluded from any address where the respondent happens to reside.

(e) When a law enforcement officer has probable cause to believe that a respondent has violated an order of protection and has been presented verification of the existence of the order, the officer may, without a warrant, arrest the apparent violator whether the violation was in or outside the presence of the officer if the order was obtained according to this chapter and with the Rules of Criminal Procedure.

History. Acts 1991, No. 266, § 10; 1999, No. 1551, § 4.

(back to top)

domestic abuse laws arizona and self help information

§ 9-15-208. Law enforcement assistance.

(a) When an order is issued under this chapter, upon request of the petitioner the court may order a law enforcement officer with jurisdiction to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence or to otherwise assist in execution or service of the order of protection.

(b) The court may also order a law enforcement officer to assist the petitioner in returning to the residence and getting personal effects.

History. Acts 1991, No. 266, § 7; 1999, No. 1551, § 5.

(back to top)

domestic abuse laws arizona and self help information

§ 9-15-209. Modification of orders.

Any order of protection issued by the court pursuant to a petition filed as authorized herein may be modified upon application of either party, notice to all parties, and a hearing thereon.

History. Acts 1991, No. 266, § 10

(back to top)

domestic abuse laws arizona and self help information

§ 9-15-210. Contempt proceedings.

When a petitioner or any law enforcement officer files an affidavit with a court which has issued an order of protection under the provisions of this chapter alleging that the respondent or person restrained has violated the order, the court may issue an order to the respondent or person restrained requiring that person to appear and show cause why he should not be found in contempt.

History. Acts 1991, No. 266, § 10.

(back to top)

domestic abuse laws arizona and self help information

§ 9-15-211. Jurisdiction generally.

If any provision of this chapter granting jurisdiction in the chancery court is held invalid or if, for some reason the chancery court cannot exercise jurisdiction under this chapter, then pursuant to Arkansas Constitution, Article 7, § 11, the circuit court shall have jurisdiction over such matters.

History. Acts 1991, No. 266, § 14.

(back to top) domestic abuse laws arizona and self help information

§ 9-15-212. Effect of no contact order.

A no contact order shall prohibit the person from making contact, directly or through an agent, except under such conditions as may be provided in the order.

History. Acts 1999, No. 662, § 4.

(back to top)

domestic abuse laws arkansas and self help information

§ 9-15-213. Police conduct and procedure.

All law enforcement officers shall follow the same procedures as outlined in § 16-90-1107.

History. Acts 1999, No. 1551, § 6.

(back to top)

domestic abuse laws arizona and self help information

§ 9-15-214. Denial of relief prohibited.

The court shall not deny a petitioner relief solely because the act of domestic or family violence and the filing of the petition did not occur within one hundred twenty (120) days.

History. Acts 1999, No. 1551, § 7.

(back to top)

domestic abuse laws arkansas and self help information

§ 9-15-215. Factors in determining custody and visitation.

(a) In addition to other factors that a court shall consider in a proceeding in which the temporary custody of a child or temporary visitation by a parent is at issue and in which the court has made a finding of domestic or family violence, the court shall consider:

          (1) As primary the safety and well-being of the child and of the parent who is the plaintiff of domestic or family violence; and

          (2) The defendant's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person.

(b) If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation.

History. Acts 1999, No. 1551, § 8.

(back to top)

domestic abuse laws arkansas and self help information

Subchapter 3. Out-of-State Protection Orders.

§ 9-15-301. Filing in this state.

A certified copy of an order of protection issued in another state may be filed in the office of the clerk of any chancery court of this state.

History. Acts 1995, No. 995, § 2

(back to top)

domestic abuse laws arkansas and self help information

§ 9-15-302. Full faith and credit.

(a) Any protection order issued that is consistent with subsection (b) of this section by the issuing court of one state or Indian tribe shall be afforded full faith and credit by the courts of this state, and upon registration as provided in § 9-15-301, shall be enforced by law enforcement as if it were issued in this state.

(b) A protection order issued by a state or tribal court is consistent with this section if:

          (1) Such court had jurisdiction over the parties and matters under the laws of such state or Indian tribe; and

          (2)(A) Reasonable notice and opportunity to be heard was given to the person against whom the order is 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 state or tribal law and, in any event, within a reasonable time after the order is issued sufficient to protect the respondent's due process rights.

 (c) A protection order issued by a state or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit i

         (1) No cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or

         (2)(A) A cross or counter petition has been filed; and

              (B) The court did not make specific findings that each party was entitled to such an order.

(d)(1) After submission of an order of protection to the chancery clerk, the chancellor shall review the order to determine whether it complies with subsection (b) of this section.

    (2) If it does, then the clerk shall register it and forward it to law enforcement as provided in § 12-12-215(b)(1).

    (3) Furthermore, protection orders issued by a court of this state shall only be forwarded to law enforcement as provided in § 12-12-215(b)(1) if the protection orders are consistent with subsection (b) of this section.

History. Acts 1995, No. 995, § 3.

()

domestic abuse laws arkansas and self help information

§ 9-15-303. Immunity from liability.

Law enforcement officers shall be entitled to the same immunity as when enforcing in-state orders if acting in good faith on out-of-state orders.

History. Acts 1995, No. 995, § 4.

(back to top)

ABUSE INDEX
ABUSE LAWS
ABUSE SHELTERS
LETTER TO VICTIMS
MAIN INDEX

This site was created by hundreds of good and caring people

Contact                                                                                                                                                  Privacy
 

I want to place or give up my baby for adoption