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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.
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.
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§ 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.
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§ 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.
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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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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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
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§ 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.
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§ 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.
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