reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 8 - CENTRALIZED CLEARINGHOUSE (§§ 9-14-801 — 9-14-807) › Section 9-14-804 - Payments - Effect

(a)
(1)
All child support payments made on cases brought pursuant to Title IV-D shall be paid through the clearinghouse to be operated under the auspices of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
(2)
Alimony payments may be paid through the clearinghouse if an order to pay child support is included in the order of alimony.
(3)
Support payments under §
9-14-803(b)
and any other payments required by court order to be made through the registry of the court or through the clerk of the court shall be made to the clearinghouse.
(b)
(1)
All orders directing payments through the clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor, the child support obligation is extinguished, and any arrears are completely satisfied.
(2)
If the court sets an annual fee or a pro rata amount representing the portion of the fee due for the remainder of the calendar year, it shall be collected from the noncustodial parent or obligated spouse at the time of the first payment, and a thirty-six-dollar fee shall be collected in January of each year thereafter until no children remain minor and the support obligation is extinguished.
(3)
The office shall have all rights and responsibilities of the clerk of the court, including, but not limited to, those rights and responsibilities set out in §§
9-10-109
and
9-12-312
.
(c)
In all cases transferred to the clearinghouse by the clerk of the court, the fee paid by the noncustodial parent pursuant to §§
9-10-109
and
9-12-312
paid subsequent to the transfer of the case shall be paid to the clearinghouse.
Amended by Act 2019, No. 904,§ 11, eff. 1/1/2020.
Acts 1995, No. 1344, § 4; 1997, No. 1296, § 36; 1999, No. 1514, § 20
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 8 - CENTRALIZED CLEARINGHOUSE (§§ 9-14-801 — 9-14-807) › Section 9-14-805 - Permanent transfer

(a)
(1)
A Title IV-D child support, paternity, or Medicaid-only case shall remain within the clearinghouse for payment, collection, and distribution purposes even though a custodial parent may elect to close the case with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration in regard to establishment and enforcement services.
(2)
The cases shall be referred to as non-Title IV-D clearinghouse cases.
(b)
In the event a child support case begins paying through the clearinghouse, all payments shall continue to be paid through the clearinghouse for the life of the case.
(c)
(1)
Effective October 1, 1998, by operation of law, all cases that are enforced by the state in which the support order was initially issued on or after January 1, 1994, and in which income of the noncustodial parent is subject to withholding, shall be paid through the clearinghouse.
(2)
All child support cases once paid through the clearinghouse, Title IV-D and non-Title IV-D clearinghouse cases, shall continue to be paid through the clearinghouse in accordance with this section.
(3)
All other child support payments currently being paid through the registry of the circuit court shall continue to be paid through the registry:
(A)
Until October 1, 1999, at which time all child support payments made through income withholding shall, by operation of law, be redirected and paid through the clearinghouse;
(B)
Until an assignment of child support to the office is made in a case; or
(C)
Until such time as the office and the clerk of the court agree that child support payments may be redirected to and paid through the clearinghouse prior to September 30, 1999, but any such agreement shall not be effective until October 1, 1998.
(4)
For all child support cases with income withholding that are redirected to and paid through the clearinghouse in accordance with subdivisions (c)(1) and (2) of this section, the clerk of the court shall enter into the Arkansas Child Support Data Tracking System or shall supply by first class mail on an approved form any and all information required by the office sufficient to process child support payments.
Acts 1995, No. 1344, § 5; 1997, No. 1296, § 37
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 8 - CENTRALIZED CLEARINGHOUSE (§§ 9-14-801 — 9-14-807) › Section 9-14-806 - Electronic funds transfer and electronic data information election

(a)
Employers may remit income withholding for child support by electronic funds transfer and electronic data interchange transaction.
(b)
The Title IV-D agency shall notify the employer when a case is assigned or transferred to the clearinghouse, at which time the employer shall begin or continue income withholding for child support and may remit such payments to the clearinghouse by electronic funds transfer and electronic data interchange transactions.
Amended by Act 2019, No. 904,§ 12, eff. 1/1/2020.
Acts 1995, No. 1344, § 6
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 14 - SPOUSAL AND CHILD SUPPORT (§§ 9-14-101 — 9-14-807) › Subchapter 8 - CENTRALIZED CLEARINGHOUSE (§§ 9-14-801 — 9-14-807) › Section 9-14-807 - Official payment record

(a)
In all cases mentioned in this subchapter wherein the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is charged with collection and distribution of child support, the payment records of the office shall constitute an official public record subject to the self-authentication provision of the Arkansas Rules of Evidence.
(b)
The child support payment record issued by the office and certified by an affidavit duly subscribed and sworn to before a notary public may be introduced in evidence in child support actions without calling an agent or employee of the office as a witness.
(c)
(1)
(A)
The office shall furnish the child support payment record, duly certified as set out in subsection (b) of this section, to a noncustodial parent or custodial parent in his or her child support case or cases, or to the attorney of record of the noncustodial or custodial parent, or to whomever the noncustodial parent, custodial parent, or his or her attorney of record directs, upon written request.
(B)
The request shall state the name of the noncustodial parent and custodial parent, the court docket number, and the Title IV-D numbers, when available.
(2)
The office may also furnish a certified child support payment record, as set out in subsection (b) of this section, to officers of the court and judges and for the purpose of facilitating the satisfaction of a judgment for child support, to abstractors and attorneys.
Amended by Act 2019, No. 904,§ 13, eff. 1/1/2020.
Acts 1995, No. 1344, § 7; 2003, No. 1020, § 18; 2003, No. 1177, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-15-101 — 9-15-103) › Section 9-15-101 - Purpose

The purpose of this chapter is to provide an adequate mechanism whereby the State of Arkansas can protect the general health, welfare, and safety of its citizens by intervening when abuse of a member of a household by another member of a household occurs or is threatened to occur, thus preventing further violence. The General Assembly has assessed domestic abuse in Arkansas and believes that the relief contemplated under this chapter is injunctive and therefore equitable in nature. The General Assembly hereby finds that this chapter is necessary to secure important governmental interests in the protection of victims of abuse and the prevention of further abuse through the removal of offenders from the household and other injunctive relief for which there is no adequate remedy in current law. The General Assembly hereby finds that this chapter shall meet a compelling societal need and is necessary to correct the acute and pervasive problem of violence and abuse within households in this state. The equitable nature of this remedy requires the legislature to place proceedings contemplated by this chapter under the jurisdiction of the circuit courts.
Acts 1991, No. 266, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-15-101 — 9-15-103) › Section 9-15-102 - Title

This chapter shall be known and may be cited as the "Domestic Abuse Act of 1991".
Acts 1991, No. 266, § 11
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-15-101 — 9-15-103) › Section 9-15-103 - Definitions

As used in this chapter:
(1)
"Commercial mobile radio service" means commercial mobile service as defined in
47 U.S.C. § 332
;
(2)
"County where the petitioner resides" means the county in which the petitioner physically resides at the time the petition is filed and may include a county where the petitioner is located for a short-term stay in a domestic violence shelter;
(3)
(A)
"Dating relationship" means a romantic or intimate social relationship between two (2) individuals that shall be determined by examining the following factors:
(i)
The length of the relationship;
(ii)
The type of the relationship; and
(iii)
The frequency of interaction between the two (2) individuals involved in the relationship.
(B)
"Dating relationship" does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;
(4)
"Domestic abuse" means:
(A)
Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or
(B)
Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state;
(5)
"Family or household members" means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, in-laws, any children residing in the household, persons who presently or in the past have resided or cohabited together, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together;
(6)
"In-laws" means persons related by marriage within the second degree of consanguinity; and
(7)
"Wireless telephone service provider" means a commercial mobile radio service provider or reseller.
Amended by Act 2017, No. 577,§ 1, eff. 8/1/2017
Amended by Act 2015, No. 701,§ 2, eff. 7/22/2015
Amended by Act 2015, No. 701,§ 1, eff. 7/22/2015
Acts 1991, No. 266, § 2; 1999, No. 1551, § 1; 2001, No. 1678, § 1; 2005, No. 1676, § 1; 2005, No. 1875, § 1; 2009, No. 698, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-201 - Petition - Requirements generally

(a)
All petitions under this chapter shall be verified.
(b)
The petition shall be filed in the county where the petitioner resides, where the alleged incident of abuse occurred, or where the respondent may be served.
(c)
(1)
A petition for relief under this chapter may be filed in the circuit court.
(2)
A petition for relief under this chapter may be filed in a pilot district court if the jurisdiction is established by the Supreme Court under Arkansas Constitution, Amendment 80, § 7, and if the cases are assigned to the pilot district court through the administrative plan under Supreme Court Administrative Order No. 14.
(d)
A petition may be filed by:
(1)
Any adult family or household member on behalf of himself or herself;
(2)
Any adult family or household member on behalf of another family or household member who is a minor, including a married minor;
(3)
Any adult family or household member on behalf of another family or household member who has been adjudicated an incompetent; or
(4)
An employee or volunteer of a domestic-violence shelter or program on behalf of a minor, including a married minor.
(e)
(1)
A petition for relief shall:
(A)
Allege the existence of domestic abuse;
(B)
Disclose the existence of any pending litigation between the parties; and
(C)
Disclose any prior filings of a petition for an order of protection under this chapter.
(2)
The petition shall be accompanied by an affidavit made under oath that states the specific facts and circumstances of the domestic abuse and the specific relief sought.
(f)
The petition may be filed regardless of whether there is any pending litigation between the parties.
(g)
A person's right to file a petition, or obtain relief hereunder shall not be affected by his or her leaving the residence or household to avoid abuse.
Acts 1991, No. 266, §§ 3, 8; 2003, No. 1221, § 1; 2007, No. 314, § 1; 2009, No. 698, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-202 - Filing fees

(a)
(1)
The court, clerks of the court, and law enforcement agencies shall not require any initial filing fees or service costs.
(2)
A claim or counterclaim for other relief, including without limitation divorce, annulment, separate maintenance, or paternity shall not be asserted in an action brought under this subchapter except to the extent permitted in this subchapter.
(b)
(1)
Established filing fees may be assessed against the respondent at the full hearing.
(2)
Filing fees under this section shall be collected by the county official, agency, or department designated under §
16-13-709
as primarily responsible for the collection of fines assessed in circuit court and shall be remitted on or before the tenth day of each month to the office of county treasurer for deposit to the county administration of justice fund.
(3)
The county shall remit on or before the fifteenth day of each month all sums received in excess of the amounts necessary to fund the expenses enumerated in §
16-10-307(b) and (c)
during the previous month from the uniform filing fees provided for in §
21-6-403
, the uniform court costs provided for in §
16-10-305
, and the fees provided for in this section to the Administration of Justice Funds Section of the Department of Finance and Administration for deposit into the State Administration of Justice Fund.
(c)
(1)
The abused in a domestic violence petition for relief for a protection order sought under this subchapter shall not bear the cost associated with its filing or the costs associated with the issuance or service of a warrant and witness subpoena.
(2)
This subsection does not prohibit a judge from assessing costs against a petitioner if the allegations of abuse are determined after a hearing to be false.
(d)
(1)
An additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk for deposit as special revenues into the Domestic Violence Shelter Fund if a person is a convicted perpetrator of domestic abuse or is the respondent on a permanent order of protection entered by a court under this chapter.
(2)
The court clerk shall disburse all court costs collected each month under subdivision (d)(1) of this section to the Administration of Justice Funds Section by the fifteenth working day of the following month.
Amended by Act 2017, No. 583,§ 2, eff. 8/1/2017
Amended by Act 2013, No. 282,§ 2, eff. 3/6/2013
Acts 1991, No. 266, § 9; 1995, No. 401, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-204 - Hearing - Service

(a)
(1)
When a petition for an order of protection is filed pursuant to this chapter, the court shall order a hearing to be held on the petition for the order of protection not later than thirty (30) days from the date on which the petition for an order of protection is filed or at the next court date, whichever is later.
(2)
A denial of an ex parte temporary order of relief does not deny the petitioner the right to a full hearing on the merits.
(b)
(1)
Service of a copy of the petition, the ex parte temporary order of protection, if issued, and notice of the date and place set for the hearing described in subdivision (a)(1) of this section shall be made upon the respondent:
(A)
At least five (5) days before the date of the hearing; and
(B)
In accordance with the applicable rules of service under the Arkansas Rules of Civil Procedure.
(2)
If service cannot be made on the respondent, the court may set a new date for the hearing.
(c)
This section does not preclude the court from setting an earlier hearing.
Amended by Act 2023, No. 111,§ 1, eff. 8/1/2023.
Acts 1991, No. 266, § 4; 1997, No. 895, § 1; 2009, No. 698, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-205 - Relief generally - Duration

(a)
At the hearing on the petition filed under this chapter, upon a finding of domestic abuse as defined in §
9-15-103
, the court may provide the following relief:
(1)
Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim;
(2)
Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim;
(3)
(A)
Award temporary custody or establish temporary visitation rights with regard to minor children of the parties.
(B)
(i)
If a previous child custody or visitation determination has been made by another court with continuing jurisdiction with regard to the minor children of the parties, a temporary child custody or visitation determination may be made under subdivision (a)(3)(A) of this section.
(ii)
The order shall remain in effect until the court with original jurisdiction enters a subsequent order regarding the children;
(4)
Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards;
(5)
Allow the prevailing party a reasonable attorney's fee as part of the costs;
(6)
Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order;
(7)
Direct the care, custody, or control of any pet owned, possessed, leased, kept, or held by either party residing in the household; and
(8)
(A)
Order other relief as the court deems necessary or appropriate for the protection of a family or household member.
(B)
The relief may include, but not be limited to, enjoining and restraining the abusing party from doing, attempting to do, or threatening to do any act injuring, mistreating, molesting, or harassing the petitioner.
(b)
Any relief granted by the court for protection under the provisions of this chapter shall be for a fixed period of time not less than ninety (90) days nor more than ten (10) years in duration, in the discretion of the court, and may be renewed at a subsequent hearing upon proof and a finding by the court that the threat of domestic abuse still exists.
Acts 1991, No. 266, § 5; 1999, No. 662, § 2; 1999, No. 1551, § 2; 2007, No. 139, § 1; 2009, No. 698, § 6; 2011, No. 1049, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-206 - Temporary order

(a)
When a petition for an order of protection under this chapter alleges an immediate and present danger of domestic abuse or that the respondent is scheduled to be released from incarceration within thirty (30) days and upon the respondent's release there will be an immediate and present danger of domestic abuse, the court shall grant a temporary order of protection pending a full hearing if the court finds sufficient evidence to support the petition.
(b)
An ex parte temporary order of protection may:
(1)
Include any of the orders provided in §§
9-15-203
and
9-15-205
; and
(2)
Provide the following relief:
(A)
Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim;
(B)
Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim;
(C)
Award temporary custody or establish temporary visitation rights with regard to minor children of the parties;
(D)
Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards;
(E)
Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and
(F)
(i)
Order such other relief as the court considers necessary or appropriate for the protection of a family or household member.
(ii)
The relief may include without limitation enjoining and restraining the abusing party from doing, attempting to do, or threatening to do an act injuring, mistreating, molesting, or harassing the petitioner.
(c)
An ex parte temporary order of protection is effective until the date of the hearing described in §
9-15-204
.
(d)
Incarceration or imprisonment of the abusing party shall not bar the court from issuing an ex parte temporary order of protection.
Amended by Act 2023, No. 111,§ 2, eff. 8/1/2023.
Acts 1991, No. 266, § 6; 1997, No. 895, § 2; 1999, No. 662, § 3; 1999, No. 1551, § 3; 2009, No. 698, § 7
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-208 - Law enforcement assistance

(a)
When an order of protection is issued under this chapter, upon request of the petitioner the circuit court may order a law enforcement officer with jurisdiction to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence or to otherwise assist in execution or service of the order of protection.
(b)
The court may also order a law enforcement officer to assist the petitioner in returning to the residence and getting personal effects.
Amended by Act 2017, No. 251,§ 1, eff. 8/1/2017
Acts 1991, No. 266, § 7; 1999, No. 1551, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-209 - Modification of orders

Any order of protection issued by the circuit court pursuant to a petition filed as authorized in this chapter may be modified upon application of either party, notice to all parties, and a hearing thereon.
Acts 1991, No. 266, § 10
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-210 - Contempt proceedings

When a petitioner or any law enforcement officer files an affidavit with a circuit court that has issued an order of protection under the provisions of this chapter alleging that the respondent or person restrained has violated the order, the court may issue an order to the respondent or person restrained requiring that person to appear and show cause why he or she should not be found in contempt.
Acts 1991, No. 266, § 10
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-212 - Effect of no contact order

A no contact order shall prohibit the person from making contact, directly or through an agent, except under such conditions as may be provided in the order.
Acts 1999, No. 662, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-213 - Police conduct and procedure

All law enforcement officers shall follow the same procedures as outlined in §
16-90-1107
.
Acts 1999, No. 1551, § 6
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-214 - Denial of relief prohibited

The circuit court shall not deny a petitioner relief solely because the act of domestic or family violence and the filing of the petition did not occur within one hundred twenty (120) days.
Acts 1999, No. 1551, § 7
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-215 - Factors in determining custody and visitation

(a)
In addition to other factors that a circuit court shall consider in a proceeding in which the temporary custody of a child or temporary visitation by a parent is at issue and in which the court has made a finding of domestic or family violence, the court shall consider:
(1)
As primary the safety and well-being of the child and of the parent who is the plaintiff of domestic or family violence; and
(2)
The defendant's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person.
(b)
If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation.
(c)
There shall be a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that a pattern of abuse has occurred.
Acts 1999, No. 1551, § 8; 2001, No. 1235, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-216 - Mutual orders of protection - Separate orders of protection

(a)
Except as provided in subsection (b) of this section, a circuit court shall not grant a mutual order of protection to opposing parties.
(b)
Separate orders of protection restraining each opposing party may only be granted in cases in which each party:
(1)
Has properly filed and served a petition for an order of protection;
(2)
Has committed domestic abuse as defined in §
9-15-103
;
(3)
Poses a risk of violence to the other; and
(4)
Has otherwise satisfied all prerequisites for the type of order and remedies sought.
Acts 2001, No. 1437, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 2 - JUDICIAL PROCEEDINGS (§§ 9-15-201 — 9-15-219) › Section 9-15-217 - Order of protection - Violations - Domestic violence surveillance program - Global positioning devices - Definition

(a)
(1)
(A)
A person who is charged with violating an ex parte order of protection under §
5-53-134
may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.
(B)
A person who is charged with violating a final order of protection under §
5-53-134
may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.
(2)
The court having jurisdiction over the charge may order the defendant released from electronic surveillance before the adjudication of the charge.
(b)
A person who is found guilty of violating an order of protection may be placed under electronic surveillance at his or her expense as part of his or her sentence for a minimum of four (4) months but not to exceed one (1) year.
(c)
As used in this section, "electronic surveillance" means active surveillance technology worn by or attached to a person that is a single-piece device that immediately notifies law enforcement or other monitors of a violation of the distance requirements or locations that the defendant is barred from entering and may also include technology that:
(1)
Immediately notifies the victim of any violation;
(2)
Allows law enforcement or monitors to speak to the offender in some manner through or in conjunction with the device;
(3)
Has a loud alarm that can be activated to warn the potential victim of the offender's presence in a place he or she is barred from entering;
(4)
Is waterproof; and
(5)
Can be tracked by either satellite or cellular phone tower triangulation.
Acts 2009, No. 1447, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 3 - ORDERS OF PROTECTION FROM OTHER JURISDICTIONS (§§ 9-15-301 — 9-15-303) › Section 9-15-301 - [Repealed]

Chapter heading amended by Act 2017, No. 515,§ 4, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 3 - ORDERS OF PROTECTION FROM OTHER JURISDICTIONS (§§ 9-15-301 — 9-15-303) › Section 9-15-303 - Immunity from liability

(a)
Law enforcement officers and law enforcement agencies shall be immune from civil or criminal liability if acting in good faith in an effort to comply with this subchapter.
(b)
A military order of protection as defined under §
5-53-134(f)(1)
shall be enforced by law enforcement of this state according to the provisions of this chapter.
Amended by Act 2017, No. 515,§ 6, eff. 8/1/2017
Acts 1995, No. 995, § 4; 2003, No. 651, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 4 - SPOUSAL ABUSE SAFETY PLAN ACT (§§ 9-15-401 — 9-15-407) › Section 9-15-401 - Title

This subchapter shall be known and may be cited as the "Spousal Abuse Safety Plan Act".
Acts 2007, No. 1414, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 4 - SPOUSAL ABUSE SAFETY PLAN ACT (§§ 9-15-401 — 9-15-407) › Section 9-15-402 - Findings - Purpose

(a)
The General Assembly finds that:
(1)
There are many resources to support victims of domestic abuse after the abuse has occurred. However, the issues of how to prevent spousal abuse and the possible solution of creating a safety plan for the spouse and the children in the household have received very little attention;
(2)
Exposure to domestic abuse and spousal abuse has a devastating impact on both the children and adults in households and communities, regardless of whether they are direct victims of abuse or witnesses to it; and
(3)
Children exposed to such violence at an early age are likely to become either perpetrators of abuse or victims of violence in adulthood, which is a cycle that can only be stopped through intervention and education.
(b)
The purpose of this subchapter is to reduce the occurrence of spousal abuse and to reduce the exposure of children to spousal abuse by creating a safety plan for the spouse that is a victim of the spousal abuse and for the children in the household.
Acts 2007, No. 1414, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 4 - SPOUSAL ABUSE SAFETY PLAN ACT (§§ 9-15-401 — 9-15-407) › Section 9-15-403 - Definitions

As used in this subchapter:
(1)
"Emotional abuse" means any of the following acts:
(A)
Verbally attacking or threatening a spouse by yelling, screaming, or name-calling;
(B)
Using criticism, social isolation, intimidation, or exploitation to dominate a spouse;
(C)
Criminally harassing a spouse;
(D)
Stalking a spouse;
(E)
Threatening a spouse or his or her loved ones;
(F)
Damaging a spouse's possessions; or
(G)
Harming the pet of a spouse;
(2)
(A)
"Physical abuse" means any of the following acts:
(i)
Using physical force in a way that injures a spouse or puts him or her at risk of being injured; or
(ii)
Beating, hitting, shaking, pushing, choking, biting, burning, kicking, or assaulting a spouse with a weapon.
(B)
"Physical abuse" may consist of one (1) or more incidents described under subdivision (2)(A) of this section;
(3)
(A)
"Sexual abuse" means any of the following acts:
(i)
Forcing a spouse to participate in unwanted, unsafe, or degrading sexual activity; or
(ii)
Using ridicule or other tactics to try to denigrate, control, or limit a spouse's sexuality or reproductive choices.
(B)
"Sexual abuse" includes rape, sexual assault, or sexual harassment; and
(4)
(A)
"Spousal abuse" means an act of violence or mistreatment that a woman or a man may experience at the hands of his or her marital partner, regardless of the timing of the act in terms of the stage of the relationship.
(B)
"Spousal abuse" includes any of the following committed by a spouse against his or her spouse:
(i)
Emotional abuse;
(ii)
Physical abuse; or
(iii)
Sexual abuse.
Acts 2007, No. 1414, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 4 - SPOUSAL ABUSE SAFETY PLAN ACT (§§ 9-15-401 — 9-15-407) › Section 9-15-404 - Safety plans and education

The purpose of this subchapter is to:
(1)
Develop increased and improved security measures that provide greater protection for victims of spousal abuse, especially those who have orders of protection;
(2)
Help victims create a safety plan to keep them and their children as safe as possible by developing publications as described under §
9-15-405
on what to do and where to go if danger occurs;
(3)
Make safety plan publications as described under §
9-15-405
available in public health centers and for distribution to victims by police officers when responding to spousal abuse calls;
(4)
Create special training initiatives regarding the dynamics of spousal abuse for police intake officers, health officials, and social workers in order to help ensure a continuously improving response to spousal abuse;
(5)
Encourage the development of community-based, civic-based, and faith-based healthy relationship courses to teach to both adolescent boys and adolescent girls as they begin to date:
(A)
The elements of healthy relationships;
(B)
Acceptable and unacceptable behavior in relationships;
(C)
The concept of respect;
(D)
Conflict resolution techniques;
(E)
Antiviolence; and
(F)
The prevention of sexual assault and sexual harassment;
(6)
Help raise awareness about the devastating impact that spousal abuse has on children and families; and
(7)
Assist with the development of increased protection of victims of spousal abuse by establishing standards for protection and response by convening a committee of relevant experts in the field of health care and law enforcement to recommend standards to the General Assembly.
Acts 2007, No. 1414, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 4 - SPOUSAL ABUSE SAFETY PLAN ACT (§§ 9-15-401 — 9-15-407) › Section 9-15-405 - Educational and training materials

(a)
The Arkansas Child Abuse/Rape/Domestic Violence Commission, in consultation with experts on spousal abuse prevention and intervention, shall develop educational material and training material to address the issues under this subchapter.
(b)
The educational material and training material shall be published and distributed around the state.
Acts 2007, No. 1414, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 4 - SPOUSAL ABUSE SAFETY PLAN ACT (§§ 9-15-401 — 9-15-407) › Section 9-15-406 - Rules

The Arkansas Child Abuse/Rape/Domestic Violence Commission shall promulgate rules to implement and administer this subchapter.
Acts 2007, No. 1414, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 15 - DOMESTIC ABUSE ACT (§§ 9-15-101 — 9-15-407) › Subchapter 4 - SPOUSAL ABUSE SAFETY PLAN ACT (§§ 9-15-401 — 9-15-407) › Section 9-15-407 - Reporting

The Arkansas Child Abuse/Rape/Domestic Violence Commission shall report annually to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth regarding:
(1)
The status of the implementation and administration of this subchapter and its purposes; and
(2)
Any recommended changes in the law to improve the prevention of or intervention into spousal abuse situations.
Acts 2007, No. 1414, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 16 - FAMILY PRESERVATION SERVICES PROGRAM ACT (§§ 9-16-101 — 9-16-109) › Section 9-16-101 - Title

This chapter shall be known as the "Family Preservation Services Program Act".
Acts 1991, No. 1025, § 1; 2001, No. 906, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 16 - FAMILY PRESERVATION SERVICES PROGRAM ACT (§§ 9-16-101 — 9-16-109) › Section 9-16-102 - Definition

As used in this chapter, "family preservation services" means services for children and families that are designed to help families at risk or in crisis, including adoptive and extended families, and include:
(1)
Service programs designed to help a child:
(A)
When safe and appropriate, be returned to the family from which he or she has been removed;
(B)
Be placed for adoption;
(C)
Be placed with a legal guardian; and
(D)
If adoption or legal guardianship is determined not to be safe and appropriate for the child, be placed in some other planned, permanent living arrangement;
(2)
Preplacement preventive services programs, such as intensive family preservation programs, designed to help a child at risk of foster care placement remain safely with his or her family;
(3)
Service programs designed to provide follow-up care to a family to which a child has been returned after a foster care placement;
(4)
Respite care of children to provide temporary relief for parents and other caregivers, including foster parents; and
(5)
Services designed to improve parenting skills by reinforcing a parent's confidence in his or her strengths and by helping a parent identify where improvement is needed and to obtain assistance in improving those skills with respect to matters such as child development, family budgeting, coping with stress, and health and nutrition.
Acts 1991, No. 1025, § 2; 2001, No. 906, § 2; 2011, No. 793, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 16 - FAMILY PRESERVATION SERVICES PROGRAM ACT (§§ 9-16-101 — 9-16-109) › Section 9-16-103 - Director of the Division of Children and Family Services - Duties

The Director of the Division of Children and Family Services of the Department of Human Services shall:
(1)
(A)
Make family preservation services accessible to all cases in which a child is about to be placed outside his or her home, or in which a child has been placed outside his or her home, and in which the goal is reunification.
(B)
The director shall make family preservation services accessible to all cases in which a child is about to be removed or reunification is the goal and the provision of such services is appropriate;
(2)
Ensure that statewide availability of family preservation services is accomplished in an orderly fashion, with modification based on analysis of an annual evaluation report; and
(3)
Continue the implementation of family preservation services by consultation with professionals who are nationally recognized in the field.
Acts 1991, No. 1025, § 3; 2001, No. 906, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 16 - FAMILY PRESERVATION SERVICES PROGRAM ACT (§§ 9-16-101 — 9-16-109) › Section 9-16-104 - Division of Children and Family Services - Duties

(a)
The Division of Children and Family Services of the Department of Human Services shall be the lead administrative agency for family preservation services and may receive funding for the implementation of such services.
(b)
The division shall:
(1)
Provide the coordination of and planning for the implementation of family preservation services;
(2)
Provide standards for the family preservation services programs;
(3)
Monitor the services to ensure they meet measurable standards of performance as set forth in state law and as developed by the division; and
(4)
Provide the initial training curriculum and approve any on-going curriculum required by providers of family preservation services.
Acts 1991, No. 1025, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 16 - FAMILY PRESERVATION SERVICES PROGRAM ACT (§§ 9-16-101 — 9-16-109) › Section 9-16-105 - Provision of services by contract

(a)
The Division of Children and Family Services of the Department of Human Services may provide family preservation services directly or may contract with a private, nonprofit social service agency or qualified individual to provide such services.
(b)
In the event a nonprofit social service agency or qualified individual is contracted by the Department of Human Services, to provide family preservation services, the contract shall include requirements for:
(1)
Provider acceptance of any client referred by the department for family preservation services;
(2)
Limitation of caseload;
(3)
Availability of twenty-four-hour crises intervention services to families served by the program;
(4)
Completion of the required training curriculum for family preservation services; and
(5)
Provision of and conduct of an internal program evaluation and cooperation with an external evaluation as directed by the division.
Acts 1991, No. 1025, § 5; 2001, No. 906, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 16 - FAMILY PRESERVATION SERVICES PROGRAM ACT (§§ 9-16-101 — 9-16-109) › Section 9-16-106 - Children qualified to receive services

(a)
(1)
Family preservation services shall be provided to those children who are placed out-of-home for whom the goal is reunification and for those children who are at actual, imminent risk of out-of-home placement in situations in which family preservation services afford effective protection of children, youth, families, and the community.
(2)
This shall include children:
(A)
Who are at risk of removal as dependent, abused, or neglected; and
(B)
Whose families are in conflict such that they are unable to exercise reasonable control of the child.
(b)
The implementation of family preservation services shall be extended to those families for whom ongoing assessment indicates protection can be maintained.
(c)
Families shall not be eligible for family preservation services in which children are at risk of recurring sexual abuse perpetrated by a member of their immediate household and whose continued safety from recurring abuse cannot be reasonably assured.
Acts 1991, No. 1025, § 6; 2001, No. 906, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 16 - FAMILY PRESERVATION SERVICES PROGRAM ACT (§§ 9-16-101 — 9-16-109) › Section 9-16-107 - Provision of services - Reasonable effort - Acceptance not an admission - Activity of family members

(a)
The provision of family preservation services to a family shall constitute a reasonable effort by the Department of Human Services to prevent the removal of a child from the child's home, provided that the family has received timely access to other services from the department for which the family is eligible.
(b)
Acceptance of family preservation services shall not be considered an admission of any allegation that initiated the investigation of the family, nor shall refusal of family preservation services be considered as evidence in any proceeding except when the issue is whether the department has made reasonable efforts to prevent removal of a child.
(c)
No family preservation services program shall compel any family member to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or that could reasonably give rise to any finding of child abuse, neglect, or dependency.
Acts 1991, No. 1025, § 7