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Arkansas Domestic Violence Questions & Answers
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... Read 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... Read 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... Read 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 and me and... Read 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...
Read more »

1 Answer | Asked in Domestic Violence for Arkansas on
Q: I am charged with domestic 3rd degree and I didn't touch her just her and my step mom got in a fight why am I arrested
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...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: If my ex contacts me first after she set a protection order what will happen. Will the case get dropped
Stewart Whaley
Stewart Whaley answered on Aug 14, 2018

No, the case will not get dropped because she contacted you.

Do not interact with her unless/until the order of protection is resolved (if there hasn't been a hearing) or until it expires, if it is already in place. Hard to tell exactly what the situation is by just reading the statement...
Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Arkansas on
Q: does an order of protection remain if child custody is changed

My mom got an order of protection against my step-dad for her and my little brothers. My grandma recently took them as their legal guardian. My step-dad brought over a tv for them with my grandmas convent but we are worried my mom will press charges. Is my grandma at any legal fault?

James E Hensley Jr
James E Hensley Jr answered on Aug 6, 2018

Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must obtain... Read more »

1 Answer | Asked in Domestic Violence for Arkansas on
Q: Reconciliation between petition and hearing, order of protection

Husband and wife. Temporary petition served. No hearing yet. Can he come home since we have reconciled?

Stewart Whaley
Stewart Whaley answered on Jul 9, 2018

Consult an attorney.

If there is an order of protection (OOP), the order can only be lifted by the judge.

The order of protection prohibits ANY contact between the parties and their agents.

It is very common for people to violate OOP's because they think it is okay to...
Read more »

1 Answer | Asked in Domestic Violence for Arkansas on
Q: In Ark.Do you need more evidence than eye witness testimonies to get charged with Domestic Assualt. It's he said he said

The person who is pressing charges pulled a knife on me,chased through the house. While two people watched it happen. Had me on my knees begging him to stop. He then told me to leave and I did. Two days later he said he claimed to have swore a warrant for my arrest. Saying he has witnesses and that... Read more »

Stewart Whaley
Stewart Whaley answered on Jun 13, 2018

Eyewitnesses one could b sufficient. More information about the exact circumstances are needed to determine the likelihood of how your case could end. Contact a defense attorney to review your case.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for Arkansas on
Q: When declaring someone in Arkansas's address. What should law enforcement go by?

Does a person, who is a guest at a residence, have the right to concent a legal search?

Stewart Whaley
Stewart Whaley answered on Jun 12, 2018

It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in them... Read more »

2 Answers | Asked in Domestic Violence for Arkansas on
Q: When det. interview me I said I didn't remember, so my ex wldnt get trble.Can I go bk 2 yrs later and re file charges ?

He was arrested at time but I didn't want him in trouble cause I was scared of him. Now I'm free and in therapy. Can I refile now that I'm strong enough to admit what he did?

Stewart Whaley
Stewart Whaley answered on May 13, 2018

It depends on the alleged crime (see link at bottom).

The statute of limitations for misdemeanors is 1 year, so those are out.

If a felony, the time limit could be 3 years or unlimited.

See:...
Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: I filed an order of protection on my husband I July of 2017. The judge ordered it for 2 years.

I assaulted him and got 1st degree charges on me after he got 3rd degree charges for assault on me

I'm charged with stabbing him. This is my first offense. Will I go to jail

James E Hensley Jr
James E Hensley Jr answered on Feb 13, 2018

Jail is certainly a possibility. Be sure and get a good lawyer.

1 Answer | Asked in Domestic Violence and Family Law for Arkansas on
Q: I filed a domestic report on my bf and my parents said if I stayed with him, they would take my son from me, can they?

I am living wit my parents and they also said they would kick me out and take my son. I plan on moving in with my boyfriend sometime soon though.

James E Hensley Jr
James E Hensley Jr answered on Jan 10, 2018

It is possible that your parents will file a guardianship petition. With the facts you mention they have a pretty good chance at taking your child.

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Can someone who files a no contact order still continue to contact the person the order is filed against?

Is there a duality to the law? Meaning, do the laws of a no contract apply equally to both parties?

James E Hensley Jr
James E Hensley Jr answered on Jan 10, 2018

There's is no duality in Arkansas. The person who files the OP may contact the person who was filed on. I would not talk to them though.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arkansas on
Q: My ex lIves in Texas and I live here in Arkansas, I have a two month old baby who was born here in this state. Now he

Wants to take my son away from me and take him to Texas with him, I want to stop answering his messages but he says I could get in trouble if I do, is that true,? What can I do to keep him away from us,? My son has my last name, I left him because he treat me bad during my pregnancy until I left... Read more »

James E Hensley Jr
James E Hensley Jr answered on Dec 26, 2017

It's always complicated when you are being mistreated by the man who should love you and the baby with no conditions. I can only answer some of your questions because the answer depends on a lot of things. Let's see if we can help a bit.

If the child has lived in Arkansas for the last six...
Read more »

1 Answer | Asked in Domestic Violence for Arkansas on
Q: If I am getting text messages from an estranged son that he will kill his father or brothers how do I get help

He needs mental evaluation and refuses he is 29 years old

James E Hensley Jr
James E Hensley Jr answered on Dec 13, 2017

Call the prosecuting attorney or the police

1 Answer | Asked in Domestic Violence for Arkansas on
Q: Order of protection on someone

Me getting a text from a girl saying my ex wants to know if he can see our kid. Is that considered contacting me through someone else?

James E Hensley Jr
James E Hensley Jr answered on Dec 11, 2017

YES! A very big yes. It is a violation of the protection order. You can contact the prosecuting attorney and let them know he is violating the order. He will probably be arrested for violating the order. Most of these cases wind up in divorce or paternity court. Depending on your child's age,... Read more »

1 Answer | Asked in Domestic Violence for Arkansas on
Q: I just got bailed out after my partner and i both got domestice violence charges we dont want to press charges

We dont want to press charges against eachother and our court date is on the 19th will we both be going to jail?

James E Hensley Jr
James E Hensley Jr answered on Nov 26, 2017

You need a lawyer to keep out of jail. Lots to know here. I can help

1 Answer | Asked in Child Support, Domestic Violence and Family Law for Arkansas on
Q: If I apply for services to receive child support, will the father be made aware of our home address?

He became abusive and threatened me after I found out I was pregnant. When I left, he told me that he wanted nothing to do with the baby but if I ever filed for child support, he would come after me and take our son. Son is now 3 years old, and I could really use the help as I'm going to college... Read more »

James E Hensley Jr
James E Hensley Jr answered on Nov 4, 2017

Call the Office of Child Support Enforcement in the County where you live. Tell them your concerns. They will help you. Realize though that if you start collecting support he is entitled to visit the child. You might cause yourself a lot of trouble. In some states, you can terminate his rights... Read more »

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