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.
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:
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.
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.
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:
An order of protection can also instruct the respondent to forfeit possession of all firearms and disrupt their job, security clearance, and professional reputation.
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:
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.
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:
Third-degree battery occurs when a person does any of the following:
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.
A person commits the crime of second-degree domestic battery if they do any of the following:
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 occurs when a person does any of the following:
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.
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:
Other potential penalties include:
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.
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:
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.
It’s crucial that you take immediate steps to protect your legal rights, including:
Call Horton Law today to learn more about what to do – and not to do – following a domestic violence accusation.
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.
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.