Domestic violence laws can involve civil and criminal laws, potentially having far-reaching effects on the accused. You could be incarcerated and have your reputation damaged. Many of these cases involve misunderstandings and overzealous prosecutors who don’t understand the dynamics between the parties involved in the case.
If someone has accused you of domestic violence or you have been arrested, you need immediate legal representation to protect your legal rights and lodge an effective defense. Contact Horton Law today for a confidential consultation to discuss how we can help.
What Is Domestic Violence?
Arkansas has passed domestic violence laws to protect victims of domestic violence and prevent further abuse. Domestic abuse is defined as “physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members” or “any sexual conduct between family or household members, whether minor or adults, that constitutes under the laws of the state.” Family or household members are defined as any of the following:
- Spouses
- Former spouses
- Parents and children
- People related by blood within the fourth degree of consanguinity
- In-laws
- Any children residing in the household
- People who currently or previously lived together
- People who have a child in common
- People who are or were in a dating relationship together
Notably, domestic violence can occur even if the alleged victim did not sustain a physical injury. The threat of harm is enough to justify legal action.
What Is an Order of Protection?
The Arkansas Domestic Abuse Act provides a legal mechanism for domestic violence victims to escape abuse and prevent further abuse by filing a civil action for an order of protection. The legal process has been streamlined so that alleged victims can seek assistance from local law enforcement and courts for this limited purpose. If you violate an order of protection, you can face separate criminal charges, even if the alleged victim initiates contact.
What Do Orders of Protection Say?
The central purpose of an order of protection is to instruct the person being accused of domestic violence (the respondent) to refrain from further abuse of the victim. Orders of protection also tell the respondent to stay away from the alleged victim.
Protective orders can seriously disrupt a respondent’s life by:
- Prohibiting them from being within a certain distance from the victim’s home, place of work, children’s school, or other frequent location
- Forcing them to move out of a shared residence
- Preventing them from seeing their children or only allowing supervised visitation
- Ordering them to pay temporary financial support to the victim and/or their children
- Allowing an alleged victim to take shared personal property
- Keeping them from their pets
An order of protection can also instruct the respondent to forfeit possession of all firearms and disrupt their job, security clearance, and professional reputation.
Why Do People Seek Orders of Protection
While some people have legitimate reasons to seek orders of protection, they are sometimes taken advantage of. Because civil courts issue orders of protection, the burden of proof is much lower to obtain such an order than to secure a criminal conviction. People can allege domestic abuse for nefarious purposes, such as:
- Seeking revenge
- Looking for an upper hand in another family law case
- Wanting to damage someone else’s reputation
- Wishing to cause the other person to suffer financially
- Covering up their own abuse
Many cases arise from miscommunications. The respondent can’t contact the petitioner to clear things up, or they risk violating the protective order. This underscores the importance of working with an experienced domestic violence lawyer who can protect your legal rights.
Domestic Battery Crimes
In addition to being subject to a protective order, the accused can face criminal charges for domestic battery. While domestic assault occurs when there is action that puts a family or household member at imminent risk of harm, a battery occurs when actual physical contact takes place.
The classification of this crime depends on the severity of the conduct alleged and whether a weapon was involved in the attack. The different degrees of domestic battery in Arkansas include the following:
Domestic Battery in the Third Degree
Third-degree battery occurs when a person does any of the following:
- Purposely causes physical injury to a family or household member
- Recklessly causes physical injury to a family or household member
- Negligently causes physical injury to a family or household member with a deadly weapon
- Purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering any drug or other substance without that person’s consent
This crime is typically classified as a Class A misdemeanor. However, it can be elevated to a Class D felony if it was committed against a woman the defendant knew or reasonably should have known was pregnant, or the defendant has been convicted of domestic battery in the first, second, or third degree, aggravated assault on a family or household member, or a similar violation in Arkansas or another state within the past five years.
Domestic Battery in the Second Degree
A person commits the crime of second-degree domestic battery if they do any of the following:
- Cause serious physical injury to a family or household member with the purpose of causing physical injury to them
- Causes physical injury to a family or household member by means of a deadly weapon with the purpose of causing physical injury to them
- Recklessly causes serious physical injury to a family or household member by means of a deadly weapon, to someone who is four years of age or younger than them, who is 12 or younger, or who is 60 years of age or older
This crime is typically classified as a Class C felony. However, it can be charged as a Class B felony if it was committed against a woman whom the defendant knew or reasonably should have known was pregnant or was convicted of any of the crimes allowing elevation of a third-degree domestic battery charge.
Domestic Battery in the First Degree
Domestic battery in the first degree occurs when a person does any of the following:
- Causes serious physical injury to a family or household member by means of a deadly weapon with the purpose of doing so
- Purposely causes physical injury to a family or household member by means of a firearm
- Purposely causes serious and permanent disfigurement or destroys, amputates, or permanently disables a member or organ of the body of a household or family member
- Causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life
- Knowingly causes serious physical injury to a family or household member they know is 60 or older or 12 or younger
- Knowingly causes serious physical injury to a family or household member who is four years of age or younger under circumstances manifesting extreme indifference to the value of human life
- Commits any act of second- or third-degree domestic battery and has two or more previous convictions for any act of battery or aggravated assault against a family or household member within the past ten years
Second-degree battery is generally classified as a Class B felony, but it can be elevated to a Class Y felony if the same elevating factors exist for the other domestic battery crimes.
It is important to note that the victim does not file the charges in domestic battery cases. Therefore, they cannot “drop the charges,” as many people believe. The prosecutor can still decide to file criminal charges even without a cooperating witness, though it may be more difficult to secure a conviction under such circumstances.
What Are the Consequences of Being Convicted of a Domestic Violence Charge or Becoming a Recipient of an Order of Protection?
Whether you are ultimately convicted of a domestic violence crime or you are subject to a civil protective order, you can face significant penalties. Incarceration can be up to the following amounts, depending on how the crime is classified:
- Class Y felony: 10 to 40 years or life imprisonment
- Class A felony: 6 to 30 years’ imprisonment
- Class B felony: 5 to 20 years’ imprisonment
- Class C felony: 3 to 10 years’ imprisonment
- Class D felony: Up to 6 years in prison
- Class A misdemeanor: Up to 1 year in jail
Other potential penalties include:
- Fines: The defendant/petitioner may be required to pay court costs and fines of up to $15,000.
- Mandatory participation in rehabilitation programs: You may be ordered to domestic violence counseling or education.
- Criminal record: You could have a criminal record that follows you around for the rest of your life, limiting your housing and employment opportunities.
- Job consequences: You could be fired from your job, overlooked for a promotion, not hired, or lose your security clearance.
- Loss of gun rights: Federal law prohibits anyone convicted of a domestic violence offense from possessing a firearm.
- Restraining orders: You could be subject to orders of protection, no-contact orders, or other restraining orders that limit where you can go and when.
- Child custody challenges: Your ex could use the situation to try to gain leverage in a child custody case.
- Immigration consequences: Non-citizens can face deportation, denial of reentry, denial of applications for permanent resident status, and other immigration consequences.
You have the best chance of avoiding or minimizing these consequences when you hire an experienced domestic violence lawyer as soon as possible in the process.
Potential Defenses to Domestic Violence Charges
A benefit of having an experienced criminal defense lawyer on your side is that you can build a robust defense based on the particulars of your case. Your lawyer can conduct a thorough investigation, interview witnesses, and obtain evidence to aid in your defense. Depending on the specifics, potential defenses could include:
- The evidence against you is not credible.
- The alleged victim has a motive to fabricate or exaggerate their claims.
- Law enforcement obtained evidence illegally.
- You were acting in self-defense or defense of others.
- The alleged victim is not a cooperating witness.
While we will try to exonerate you of the charges, we will also explore other options for favorably resolving your case, such as through negotiation for reduced charges or participation in treatment programs.
What Should I Do If I Have Been Accused of Domestic Violence?
It’s crucial that you take immediate steps to protect your legal rights, including:
- Refusing to answer any questions from the police.
- Refusing to consent to a warrantless search.
- Hiring an experienced criminal defense lawyer.
- Maintaining records and communications with the alleged victim
- Not having communication with the accuser
- Preparing a list of witnesses who can support your version of events or offer character testimony
- Not posting or talking about your case to anyone but your lawyer
Call Horton Law today to learn more about what to do – and not to do – following a domestic violence accusation.
Is It Possible to Modify a Protective Order?
It is sometimes possible to modify a protective order or even have it lifted in some cases. For example, if you were not properly notified of the case against you, you may have legal grounds to seek a lifting of the initial order until you have proper notice and a hearing to determine the merits of the case.
If you can demonstrate significant changes in circumstances or compliance with the order’s terms, it may be possible to modify the terms of the protective order, including requesting a shorter term. An experienced attorney can gather and present evidence in a compelling way to support your request for modification.
Contact Us Today for a Confidential Consultation
If you have been charged with domestic violence in Arkansas, you need a lawyer who is equipped to handle all aspects of your case. The criminal defense lawyers at Horton Law understand both the criminal side of the case and the civil order of protection aspect. We can fight tirelessly to protect your legal rights throughout the process. Contact us today for a confidential consultation.