Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with domestic violence. 

Domestic Violence Order of Protection

Arkansas law defines domestic violence as physical harm, bodily injury, assault, threat of bodily injury or physical harm, and sexual conduct of a criminal nature between family or household members.  The court will look at the relationship between you and the alleged abuser and make a determination as to whether or not it is to be considered domestic violence.

Arkansas law provides for a domestic violence order of protection for victims of domestic abuse.  There are two types of orders: a temporary order of protection and a permanent order of protection.  A temporary order may be given to you on the day you file your petition for an order of protection (forms must be picked up at the courthouse) if the judge believes you are in imminent danger.  A permanent order of protection cannot be issued until the alleged abuser is given a chance to give his or her side of the story.  The temporary order of protection will be issued for the length of time that you have to wait until your hearing.

After you file your Petition for an Order of Protection, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are given a chance to give your respective sides of the story, the judge will decide whether or not to issue a permanent order of protection.  If your petition is granted, it will run anywhere from 90 days to ten years, though you may renew it after it expires if the court finds that the threat for domestic abuse still exists.

If, after your hearing, you are granted a domestic violence order of protection, it is likely to order the following things of the abuser: to not engage in any activity laid out in the aforementioned definition of “domestic violence” by Arkansas law; to have no contact with you of any sort; to move out if you live together; to turn in any firearms and ammunition to law enforcement; and to have no contact with your children or any other necessary party.  The specifics of these provisions, as well as any other that the court deems necessary to protect you and your children will depend on the facts surrounding the case.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  This hotline can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Arkansas who have been victims of domestic violence can be found here.