What Is Considered Domestic Violence in Arkansas?

In Arkansas, domestic violence can include more than acts of physical abuse. What is considered domestic violence in Arkansas depends on the actions involved and the relationship between the people. The crime includes emotional threats, controlling behavior, and other harmful acts committed against family members, intimate partners, or members of the same household.

How Arkansas Law Defines Domestic Violence

While many crimes target strangers, domestic violence is unique in that the suspect in the crime is often related to or has a romantic relationship with the victim. The list of protected individuals under the state’s domestic violence laws includes current or former spouses, dating partners, members of the same household, and family members. Common charges tied to domestic violence include battering, assault, or terroristic threats.

The crimes are defined under Arkansas Code §§ 5-26-303 through 5-26-309. Domestic battering charges vary in severity based on the level of injury, the use of weapons, and the defendant’s criminal history. First-degree domestic battering involves causing serious physical injury or using a deadly weapon and is classified as a felony. Aggravated assault cases, like the 2,929 aggravated assault cases reported in Little Rock in 2023, can be charged as domestic violence.

Lesser degrees may involve physical harm without weapons or threats of harm, which could be charged as misdemeanors. Even verbal threats or acts that create fear of harm can result in criminal charges under related statutes like assault or harassment.

Who Can Be a Victim of Domestic Violence in Arkansas

Whether you live in the Walnut Valley neighborhood in Arkansas or an upscale gated community like Chenal Valley, domestic violence doesn’t discriminate based on neighborhood. In Arkansas, 40.8% of women experience intimate partner violence or stalking during their lifetime, and domestic violence rates were down 11% in 2024 compared to the year prior.

Domestic violence laws are designed to protect a wide range of individuals who may be in danger of being emotionally or physically harmed by someone close to them. Many people associate this crime with abusive marriages or romantic relationships, but domestic violence can also involve children, parents, or even roommates. Controlling or abusive behaviors can lead to criminal charges if the victim is harmed or fears they will be harmed. These laws fall under the broader scope of criminal defense and often intersect with cases involving drug crimes, violent crimes, and sex crimes.

How Are Domestic Violence Cases Investigated?

Domestic violence cases typically start when local law enforcement receives a report of abuse. Arriving at the scene of a domestic dispute can often require quick action on the part of the police officers who separate the parties, take statements, document any injuries, and collect physical evidence.

They often interview both parties and any witnesses who are present. Police officers are trained to identify signs of abuse, even when the apparent victim does not want to press charges. If there is enough evidence present to prove probable cause, an arrest can be made on the spot. Otherwise, a police report may be made, and prosecutors can review the evidence to see if criminal charges are warranted.

Penalties and Legal Consequences

Local law enforcement takes accusations of domestic abuse seriously. Protective orders are often issued to protect the victim. Protective orders prevent the suspect from contacting or coming near the victim for a set period of time. In some cases, the perpetrator could face a lifetime protective order. Violations of these orders can lead to immediate arrest and criminal charges.

Since several laws pertain to domestic violence, the criminal penalties for these types of crimes vary considerably. Misdemeanor offenses could result in fines, shorter jail sentences, probation, and mandatory counseling. A felony charge can lead to years of confinement in prison. Repeat offenders are often given harsher punishments.

Few crimes carry the stigma of domestic violence. Even when someone serves out their sentence, the consequences of a domestic violence conviction can follow them for a lifetime. A criminal conviction for domestic battery can lead to the loss of social connections and difficulty finding future employment or housing.

FAQs

Q: What Is the Definition of Domestic Violence in Arkansas?

A: Domestic violence in Arkansas involves physical harm, threats, or intimidation against a family or household member, including spouses, former spouses, dating partners, co-parents, and relatives. It can include physical assault, emotional abuse, harassment, stalking, or sexual violence. Domestic violence charges vary in severity based on the extent of harm, prior offenses, and whether a weapon was involved.

Q: What Is Considered Abuse in Arkansas?

A: Abuse in Arkansas includes physical harm, sexual assault, emotional manipulation, neglect, and financial exploitation. Domestic abuse laws cover acts of violence or threats against intimate partners, family members, and cohabitants. Child abuse and elder abuse laws provide additional protections for vulnerable individuals. Penalties depend on the severity of the abuse and whether aggravating factors, such as prior convictions or use of a weapon, are present.

Q: What Is 3^rd-Degree Domestic Violence in Arkansas?

A: Third-degree domestic battery in Arkansas is a misdemeanor charge that applies when someone causes minor injuries to a household or family member. It includes acts such as slapping, pushing, or other physical harm that do not result in serious injury. Convictions can lead to jail time, fines, and protective orders. Repeated offenses or cases involving children may result in more severe penalties.

Q: Is Simple Assault the Same as Domestic Violence?

A: No, simple assault and domestic violence are different charges. Simple assault involves causing fear of harm but may not require physical contact. Domestic violence refers to abusive behavior within a household or intimate relationship and can include physical, emotional, or psychological harm. While some domestic violence cases involve simple assault, the relationship between the parties often determines how the offense is charged.

Schedule Your Domestic Violence Consultation Today

A domestic violence charge in Arkansas can have serious consequences, including jail time, restraining orders, and damage to your reputation. Even if the allegations are false or exaggerated, prosecutors take these cases seriously and will aggressively pursue convictions. A strong defense is essential to protect your rights and future.

Lemley Law Partners represents individuals facing domestic violence charges across Arkansas. We understand the legal complexities and the impact these cases can have on families, careers, and personal freedoms. Contact our office today to schedule a confidential consultation and take the first step toward protecting your future.