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Arkansas Domestic Violence Questions & Answers
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: https://law.justia.com/codes/arkansas/2017/title-5/subtitle-1/chapter-1/section-5-1-109/

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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...
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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... 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... 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 »

1 Answer | Asked in Domestic Violence for Arkansas on
Q: my husband is facing domestic battery 3rd degree and we are trying to find out what he is facing this is his first time

going to jail now he did get a ticket last summer over having a conflict with a boy over his daughter which he paid the ticket we are in Arkansas and it was ageist our son . are son pushed his dad and his dad grab him and pushed him to the kitchen sink which that's where it started at and the... Read more »

Adam Joseph Childers
Adam Joseph Childers answered on Oct 10, 2017

A domestic battery 3rd degree charge is a Misdameanor meaning there is a possibility of up to 1 year in jail and a fine of up $2,500. That does not mean that he will go to jail for a year, but it is a possiblity.

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: my fiancee has a protection order against her ex boyfriend because he used to beat her, and he knowingly comes by her

He purposely comes by her and we have reported when he made a threat several times and law enforcement nor the court will do anything...she is scared daily because she believes she will get hurt or end up dead because law enforcement refuses to take any action...what can we do to put an end to this... Read more »

Adam Joseph Childers
Adam Joseph Childers answered on Sep 10, 2017

if she has an order of protection you will want to file a police report after the next contact by the ex-boyfriend. Have evidence of the contact, i.e. text message or email, and then take the evidence and police report to the Prosecuting Attorney's Office to have them look at filing charges... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: What do I do about my fiancee ex, she keeps messaging from fake profiles and harassing us? I have proof its her too

We have blocked her many times over on our Facebook's, but she just creates more fake one's, this has been going on for almost ten months. I recently started saving the messages and we know its her because she has sent pictures to my fiancee, we just block her but we've told her to... Read more »

James E Hensley Jr
James E Hensley Jr answered on Sep 8, 2017

File a police report then take that report to your local prosecutor. If they do not issue a warrant, then ask them to send the Ex a caution letter.

2 Answers | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Average sentence for battery in 2nd degree

No prior prison but 4 battery charges as misdemeanors in 20 yrs

James E Hensley Jr
James E Hensley Jr answered on Aug 19, 2017

Battery 2 is usually a felony. In Arkansas, depending on the alleged victim input, usually a probation offer from the State. You have to get the correct attorney also. Lots more we need to know to give you a better answer.

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1 Answer | Asked in DUI / DWI and Domestic Violence for Arkansas on
Q: Can I get a concealed carry license in arkansas with misdemeanors on my record? Dwi 1st 03/13 and DB3 1st 01/16
W. Whitfield Hyman
W. Whitfield Hyman answered on Jul 7, 2017

If DB3 stands for domestic battery 3rd them you can't even legally own, possess, or touch a firearm in any state in the union until you get a pardon from the governor, which is not uncommon.

1 Answer | Asked in Domestic Violence for Arkansas on
Q: My boyfriend got charged with demostic violence charge how long can he not be around me
Brandon M Haubert
Brandon M Haubert answered on May 23, 2017

It depends on the Court. The prosecutor typically asks for a restraining order. You should be able to call the prosecutor and ask.

1 Answer | Asked in Domestic Violence for Arkansas on
Q: can petitioner be arrested for violating order of protection
Stefan K. McBride
Stefan K. McBride answered on Mar 20, 2017

Yes.

1 Answer | Asked in Domestic Violence and Divorce for Arkansas on
Q: Less than 2 weeks after I married this man he abused me and was put in jail for 3rd degree battery can I get an annaullm

I also have an order of protection against him as well. He was in jail for 2 nights and 3 days. Because of hitting me in the face. Can it be annulled or do I have to get a divorce??

Stefan K. McBride
Stefan K. McBride answered on Mar 15, 2017

If you voluntarily entered into the marriage and he didn't lie to you about something that would have made you not marry him, you will need to file for a divorce, not annulment.

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