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Arkansas Questions & Answers
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... Read more »

Terry Jones Zach
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... Read more »

1 Answer | Asked in Criminal Law and Employment Discrimination for Arkansas on
Q: I am a lawyer but I have never done a Petition for Involuntary Commitment. I was wondering if anyone had a sample form?
W. Whitfield Hyman
W. Whitfield Hyman answered on Oct 18, 2021

In Sebastian County we just fill this out and give it to the prosecutor. Call the prosecutor they probably have a form. Here is what we do:

https://www.sebastiancountyar.gov/Portals/0/Content/ProsAtty/MI%20PACKET-full%202.pdf

1 Answer | Asked in Bankruptcy and Civil Litigation for Arkansas on
Q: Is bankruptcy the best option? If so, which chapter? And do we have to hire a bankruptcy lawyer?

My fiancé and I got into a car accident- we rear ended the person in front of us. It’s was a simple fender bender and even in the police report they estimated the damages of the other person’s car at $3,000 with no injuries. Well we didn’t have insurance. Now the person we hit and his... Read more »

Timothy Denison
Timothy Denison answered on Oct 8, 2021

Consult a bankruptcy attorney who can see your entire financial situation and determine the proper course of action.

1 Answer | Asked in Employment Discrimination for Arkansas on
Q: I work at Titan tire Union City Tenn I took two days vacation they made me work Saturday but will not pay me overtime

I'm not the only one heaven these issues I've been there two years two months they are hiring people in that makes more than me and making me crane now

Chris W. Burks
Chris W. Burks answered on Oct 7, 2021

Thanks and the Fair Labor Standards Act requires, with some exceptions, overtime payments of time and a half a regular rate of pay for hours worked over 40 in a week. If you are working more than 40 hours in a week and not getting an overtime premium payment of time and a half, and not otherwise... Read more »

2 Answers | Asked in Employment Law for Arkansas on
Q: My job is not allowing me to clock in and work but not paying me, due to a problem I can't resolve. How do I get paid?

My company is based in Colorado and I live in Arkansas (work from home). On August 1st I noticed I was unable to login to one of the sites we use for the job. I immediately notified them and was given the login of someone who is above the team leads. Then I was given the login of my team lead later... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 29, 2021

Employees must be paid for their work, and your employer's system issues do not give them an excuse not to pay you while the system is fixed. If you are still performing work during this time, you should keep track of the hours you work and submit these for payment like you would using the... Read more »

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1 Answer | Asked in Employment Law for Arkansas on
Q: Is it legal for an employer to work you 7 days a week
Chris W. Burks
Chris W. Burks answered on Sep 27, 2021

In Arkansas generally, yes you can be made to work 7 days a week, as long as the employer pays lawful overtime for hours over 40 in that pay period. In Arkansas, there are no mandatory days off or even required meal/rest break periods. Also, there are exceptions to the overtime after 40 hours... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: We purchased a property that has an easement to the land behind ours. Are we able to terminate that easement?

Easement is to the property behind us. The property is primarily woods and pasture area not used. The people who own that land do not use the easement properly and go through out property as an "easier" route. We would like to terminate the easement but are unsure if that's possible.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

Hire a competent AR attorney for specific advice after searching both titles. Easement descriptions do not have to amount to much, not like the property's legal description.

Termination is possible in many ways, but it sounds like they will ignore your efforts and probably will sue you.

1 Answer | Asked in Criminal Law, Landlord - Tenant and Patents (Intellectual Property) for Arkansas on
Q: So if I was homeless and know of a home thats empty and been empty for years can I squat in it and make ot mine ? If so
Kevin E. Flynn
Kevin E. Flynn answered on Sep 24, 2021

This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.

In real estate law there is a little used provision called adverse possession that was left over from a much...
Read more »

1 Answer | Asked in Car Accidents for Arkansas on
Q: If a car is stopped in the Middle Lane on the interstate for no reason at all other than being stalled out and I rear en

I rear-ended because it had no flashlights on it was at night time who's the blame

Tim Akpinar
Tim Akpinar answered on Sep 23, 2021

An Arkansas attorney could advise best, but your question remains open for two weeks. In many jurisdictions, the operators of both vehicles could be found liable to some extent. The way the percentages were determined could depend on the speed of the moving car, road conditions, lighting... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: I have an enhanced CHCL, Employer is a city, threatened to fire me if i have my firearm in a locked safe out if view

City of North Little Rock AR.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Under Arkansas statutes §5-73-306. Prohibited places. (7) you are prohibited from carrying the firearm anywhere a government body meets. Your "enhanced" permit allows carry in places previously prohibited, however, Ark. Code Ann. § 5-73-306(18) allows the property owners/controllers to... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: My job refuses to listen to me and properly accommodate me for my disability. They want to move me to a lower paying.

They want to move me to a lower paying job instead of giveing me the tools to do my job. What are my legal rights?

Chris W. Burks
Chris W. Burks answered on Sep 22, 2021

Thanks and you should speak with an employment law attorney. They can likely tell you if the accommodation you seek is reasonable, and if your situation is covered by the law.

The law that likely applies is the Americans with Disabilities Act, called the ADA, protects against disability...
Read more »

3 Answers | Asked in Employment Law for Arkansas on
Q: My job makes us clock in and go to the floor to work 15 minutes early but no pay is issued for the time. Is that legal

I work in a factory with 12 hr shifts from 5:30 to 5:30. Employees are allowed to clock in up to 30 minutes early. My department is required to go to the floor and relieve the other shift and start working at 5:15 . In pursuant of being compensated accordingly, I refused to show up early and not... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 22, 2021

Employees must be compensated for all time they work, but employers are permitted to mandate early arrivals, late departures, or otherwise change your schedule as long as you are paid for it. In this situation, your employer is permitted to ask you to begin work at 5:15 instead of 5:30 assuming the... Read more »

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1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Communications Law for Arkansas on
Q: what do you need to become a lawyer?

what is all the steps to becoming a lawyer

W. Whitfield Hyman
W. Whitfield Hyman answered on Sep 21, 2021

1. Graduate High School or earn a GED.

2. Earn a bachelor’s degree in anything from a college. Takes about 4 years.

3. Take the LSAT while in college (maybe they allow other tests now I’m not sure).

4. Complete law school (3 years).

5. Pass the bar exam in the...
Read more »

1 Answer | Asked in Contracts, Education Law and Employment Law for Arkansas on
Q: Can a school district prevent you from teaching for the next school year if you request release from your contract?

I had signed my contract in May after the district said they would take it as a resignation for anyone that did not turn in a signed contract by the end of May 2021. I have kids to support so out of fear of unemployment I signed the contract. There were teachers resigning left and right. The... Read more »

Chris W. Burks
Chris W. Burks answered on Sep 20, 2021

Thanks and you should speak to an Arkansas employment and education law attorney. The Arkansas Teacher Fair Dismissal Act does provide some protections to teachers, and many districts will release teachers from their contracts under circumstances similar to the ones you identified. By working... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Our rent money went into the Landlords bank but to another persons account, now they want to kick us out?

We paid our rent and it went into another persons account and we don't understand why they served us papers saying we have to pay more then what are rent is or we are going to be getting evicted in 5 days but we paid our rent and we have the proof! Is that legal for them to do that?

Dustin A. Duke
Dustin A. Duke answered on Sep 15, 2021

More information is needed to fully answer your question. However, if you have been served with legal papers (a complaint, summons, and notice of intent to issue writ of possession) it is important that you file a timely objection before the five day period runs. Your objection must be filed with... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: I want to sell my ten acre portion of co owned 30 acres
Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2021

I doubt you have a portion of 30 acres owned with other tenants in common. Hire a competent AR attorney to search the title to determine what exactly you own. Then file an action for Partition if the others will not agree to sell or buy you out.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My landlord came in lastnite kicked me out due to having a male visitor present. Is this legal?

My landlord and I had a sexual relationship soon after me moving in.. He told me I wasn't allowed to have male visitors altho I was paying my rent and my own bills..I had ended it with him bc I could tell him no but he didn't care he still did what he wanted with me..he came in and... Read more »

Dustin A. Duke
Dustin A. Duke answered on Sep 11, 2021

No, your landlord's actions are not legal. He cannot forcibly remove you from your leased premises under any circumstance (even if he had a right to legally evict you). He would have to use the court's to have you legally evicted. Further, his actions regarding your relationship and... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Arkansas on
Q: I was in a car accident. I wasn't in the wrong but I still got a citation

And we didn't exchange insurance information. They pulled her car and mines

Tim Akpinar
Tim Akpinar answered on Sep 10, 2021

An Arkansas attorney should advise here, but your post remains open for two weeks. At the very least, if you haven't already, you could consider a consult with a traffic ticket defense attorney.

There's a lot to sort out here - What was the citation for? Are there plausible...
Read more »

1 Answer | Asked in Civil Rights, Collections and Landlord - Tenant for Arkansas on
Q: If you signed a 12 month lease, and at the end of the 12 months you moved completely out and notified your landlord the

Last day of your contract that you are not going to sign another lease, can they still penalize you? What’s the point of signing a contract for X amount of months if you have to tell them that you were going to terminate the lease on the day that you already signed and agreed to terminate the lease?

Dustin A. Duke
Dustin A. Duke answered on Sep 2, 2021

It depends on what your lease says. If the lease is silent as to any notice requirements before moving out, you are perfectly within your rights to move out the last day of the lease and are under no further obligation to your landlord. However, if the lease requires a notice prior to moving out,... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: My son was arrested and booked under wrong name at no fault of his... In Arkansas can we get charges dropped because of

He's charged with 3 misdemeanor if that matters any

Degen Clow
Degen Clow answered on Sep 2, 2021

It is specific to the facts of his case. If the officers intended to arrest him and subsequently input the wrong information into the booking system, that will not be enough to get the charges dismissed by itself. However, if he was the wrong person and should never have been arrested, then... Read more »

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