Lawyers, Answer Questions  & Get Points Log In
Arkansas Domestic Violence Questions & Answers
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 Esq.
Joshua W. Bugeja Esq. 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... Read 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... Read more »

Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. 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... Read 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... Read more »

Taylor Douglas Martin
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... Read 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... Read 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...
Read more »

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...
Read more »

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?...
Read more »

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... Read 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... Read 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... 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... 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...
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... 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... 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: https://law.justia.com/codes/arkansas/2017/title-5/subtitle-1/chapter-1/section-5-1-109/

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.