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Arkansas Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for Arkansas on
Q: can i turn myself in if i’ve committed a sexual assault crime without involving the witness?

i could come up with excuses or try to justify my situation but i feel ive sexually assaulted my ex (who lives in Arizona) while we were together, can i turn myself in?

edit: i meant the victim im sorry

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

I know this is a very difficult situation, but I strongly encourage you to do the right thing - take full accountability for your actions, turn yourself in, and comply with the legal process. Consider consulting with a criminal defense attorney who can advise you on the legal implications and your... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Arkansas on
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.

I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of...
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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arkansas on
Q: Never read rights, never offered attorney, told plead guilty or go to jail. Plead guilty.. can I fix this.

It was years back, abusive ex husband I left showed up where I was staying and assaulted me. I had no job and was pregnant. I had no idea the consequences of pleading guilty. I was out on bail. At plea hearing the judge said if I plead not guilty he was going to put me in jail even after my... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Jul 26, 2022

"It was years back" is a real problem with your case. An overbearing judge may have unintentionally misled you. You were probably not in a state of mind to appreciate what was happening to you at that time as well. What you describe is fraught with problems from a legal perspective.... View More

2 Answers | Asked in Immigration Law and Domestic Violence for Arkansas on
Q: Can I petition my dad even if he's the reason my mom got her U-visa approved?

Today, I became a US citizen. My mom is currently a green card holder. 8 years ago my mom filed a police report against my dad for domestic violence. (However, there's no police report filed against my dad according to the olathe police.) Then we filed for a U-visa. Got approved, then after 3... View More

Roland Godfrey Ottley
Roland Godfrey Ottley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2022

I understand that he is your dad and even though he caused you and your mother mental trauma, you still want to sponsor him to get his green card. While your father would be an immediate relative, if you were to sponsor him now that you have here citizenship, I'm not sure what criminal charges... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: How do I get a no contact order lifted ( I'm the victim)& am I subject to punishment if I contact the defendant??

He was arrested on 3rd degree assault on a family member ( me)

Richard Lane Hughes
Richard Lane Hughes
answered on May 21, 2022

You should contact the accused's lawyer. Court action is required to set aside the no contact order. Usually, a judge will recall or set aside the order if the alleged victim requests that action. Many judges require some statement in open court from the alleged victim requesting that the... View More

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Arkansas on
Q: In December of 2021, my child’s father and I were doing a drop off. During which..

I asked him why he was not answering any of my calls/text regarding our child. He decided to flip the switch and play victim. “I don’t have to speak to you.” Okay but we have a child together. There is no reason for us to be bitter and fight. The conversation turned bitter and he finally... View More

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

Yes. At the end of the day, it's up to the prosecutor whether charges against you proceed. A victim's wishes are only part of the equation. You're also admitting to assaulting the victim on a public website. Not recommended. I do suggest you speak with an attorney in your area who... View More

1 Answer | Asked in Domestic Violence for Arkansas on
Q: if there is a no contact order in place, is it legal for the victim and her family to still contact the defendant?

my boyfriend was charged with domestic battery 3rd degree over a yr ago. He is currently on 5 yrs probation with a no contact order in place. The victim and her family members have contacted him several times throughout this year. He has not responded at all to the victim at all but she continues... View More

Terry Jones Zach
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Terry Jones Zach
answered on Oct 19, 2021

That would depend on whether her contact/communication can be construed as harassment. Typically, a no contact order only applies to the defendant, your boyfriend, and the person seeking the no contact order is not prohibited or punished for reaching out to him regarding their child. However, the... View More

1 Answer | Asked in Domestic Violence for Arkansas on
Q: Yes I was assualted in clebourn co arkansas they charged him with domestic battery 3 what will they do to him

He is my cousin was letting him stay with me

Joshua W. Bugeja
Joshua W. Bugeja
answered on Jun 2, 2021

Truthfully, there's no way to say with any level of certainty will happen to your cousin based on the limited information you provided. His criminal history (including whether or not he was on a suspended imposition of sentence for another crime for example, even if it was unrelated both... View More

1 Answer | Asked in Domestic Violence for Arkansas on
Q: Can a domestic battery charge be dropped ?

Me and my boyfriend got into a heated argument one night and i was in the closet getting clothes for my younger son. My boyfriend was talking to me asking me why was i getting my son clothes. He walked up to me and grabbed my arm to pull me out the closet to look at him and i tripped and we both... View More

Joshua W. Bugeja
Joshua W. Bugeja
answered on Jun 2, 2021

It is entirely possible that the case(s) will be dropped (referred to by the legal term "nole prossed"). This often occurs when the alleged victim is uncooperative, there is a "mutual combat" situation, and/or other factors are considered (such as a medical diagnosis which... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Education Law for Arkansas on
Q: Why was I sited for violating a no contact order when I was welcomed back into the supposed victims household?

I stayed with the supposed victim for an extended period of time before openly admitting to law enforcement over phone contact of my welcomed return which was also my home,as I was the son and primary care provider to my mother in said household. Also, my mother is in irreversible dimentia. My... View More

Taylor Douglas Martin
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Taylor Douglas Martin
answered on May 20, 2021

Regardless if the contact is welcomed or not, a no contact order is a court order forbidding one to contact a certain person. Typically, a Judge views contact as contact regardless of the circumstances. However, a capable defense attorney should be able to bring the circumstances to the attention... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Hi, would you please advise me on the protocol for requesting a no contact order in Arkansas be rescinded? Thank you.

Specifically, the NCO is for both parties & the charge is domestic battery 3rd degree. Hearing set for 4/14/21; incident occurred 2/20/21. Both spent 48hts in Benton Co jail on Saturday evening, & both were released on Monday norming after Judge ruled that there was no bond required. We... View More

James E Hensley Jr
James E Hensley Jr
answered on Feb 27, 2021

Thank you for reaching out. Couple things of concern:

You are going to be in law school. This charge will cause you some grief when you apply to the bar; specifically, even though you win the charge and your record is sealed, make sure you tell the bar about it on your application and...
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1 Answer | Asked in Domestic Violence for Arkansas on
Q: My daughter and son 8 months lives in Colorado springs, her husband is abusive to her and son. She is from Arkansas.

Her family is in Arkansas, can she come here with son against fathers will and file for divorce?

James E Hensley Jr
James E Hensley Jr
answered on Oct 25, 2020

Yes, as long as there is no pending action in CO. Also, she should speak to an Arkansas Family Lawyer to ensure there is nothing else that would cause trouble. Jim

1 Answer | Asked in Domestic Violence for Arkansas on
Q: So my husband and i got into an argument tonight.. neither one was arrested and no one was cited/ticketed.. cops were

He called 911 to have them come out and assess his arm. The cops arrived... and i left with my mother.. she came to pick me up.. my concern is i am a nurse and i have a license to protect... any advise or legal suggestions. He is taking full responsibility for everything..

James E Hensley Jr
James E Hensley Jr
answered on Aug 31, 2020

You should be o.k. Police Officers are great about considering the impact of their decisions on people. If you were not issued a citation or arrested, the police probably issued a police report. It is difficult to locate a copy.

This police report might be considered if there is another...
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1 Answer | Asked in Domestic Violence for Arkansas on
Q: I’m the victim. I need to press changes ASAP! Need help please.
James E Hensley Jr
James E Hensley Jr
answered on Apr 26, 2020

Love to help. Need a bit more information though.

If you are a victim typically the police and prosecutor can help you file charges.

Tell us a little more. What happened to you. Tell us who the other parties are.

What City and County did this happen?

Anyone arrested?...
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1 Answer | Asked in Domestic Violence for Arkansas on
Q: Domestic battery 3 over 20 years ago. Couldn’t fight it then, can I have it removed now.

I am about to become a Nurse Practitioner and don’t want This charge to continue to hinder me. I was married to a girl who was cheating, I knew she was going to see him and we got into an argument, the car keys were on the counter and we both went for them, I bumped/pushed her and inadvertently... View More

Jarred Kibbey
Jarred Kibbey
answered on Apr 21, 2020

In Arkansas if you have met the all the conditions of your sentence and, depending on the charge, enough time has passed, you can petition the court to have your records sealed. Every case is a little different and you should consult an experienced attorney to make sure you follow the correct... View More

1 Answer | Asked in Domestic Violence for Arkansas on
Q: I was charged with Domestic battery 3rd degree of a minor. Even if it was self defense, can I still be charged?
William Jaksa
William Jaksa
answered on Aug 19, 2019

Yes. The police that investigated the charge believed that there was enough evidence to lay the charges. Self-defense is something that the police could have considered in their investigation and in consideration of laying the charges, but ultimately they decided it was not overwhelming enough to... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arkansas on
Q: Found the order to seal forms online yes, what is the difference in a order seal from and petition seal form?
Patrick R. Lee
Patrick R. Lee
answered on Jul 25, 2019

You need both. One is a request for the Court to seal your charge that you file, and the other is the document you submit to the Court, which the judge signs and actually gets the record sealed.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arkansas on
Q: Is a lawyer required for a order of seal record issue

The simple seal of a dismissed charged and a misdemeanor 5 years old?

Patrick R. Lee
Patrick R. Lee
answered on Jul 25, 2019

I'm fairly certain there are forms for this somewhere online. Ark. Code Ann. 16-90-1401 and the statutes in that subsection will tell you everything you need to do to get a misdemeanor sealed.

You don't absolutely have to have a lawyer, but it would make the process easier for you.

1 Answer | Asked in Domestic Violence for Arkansas on
Q: I got a domestic batterycharge but me and wife just got in a argument i never put hands on her and she told cops i didnt

She just called the cops just wanting them to calm me down but i got arrested and charged with domestic battery 3rd plus we had 3 people as witnesses and still spent the weekend in jail we were just arguing my wife and the witnesses told them several time i never put hands on been married 21 years... View More

James E Hensley Jr
James E Hensley Jr
answered on Dec 26, 2018

You need a lawyer for sure right now! This is a Class A Misdemeanor in Arkansas. You could receive a sentence in the county jail for one year and a fine of up to $2,500.00. Depending on the lawyer you hire and the Judge, you could have the case dismissed or spend some time in jail. Your lawyer... View More

1 Answer | Asked in Family Law and Domestic Violence for Arkansas on
Q: Me and my girl friend were arguing she does not pay any bills here and has a place of her own I call my step mom and as

She comes and they are loading stuff well I ask to look in her bag because I know there's my stuff in there she don't want me to and she hits me over the head with laundry basket with shampoo in it my step my stops her and they get in to push to shove then are on the floor I go out side... View More

James E Hensley Jr
James E Hensley Jr
answered on Nov 29, 2018

Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.

The reason is to end the argument for the night and give folks time...
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