Full Statute Name:  West's Arkansas Code Annotated. Title 9. Family Law. Subtitle 2. Domestic Relations (Chapters 8 to 24). Chapter 15. Domestic Abuse. Subchapter 2. Judicial Proceedings and Subchapter 4. Spousal Abuse Safety Plan Act

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Primary Citation:  AR ST §§ 9-15-205 and 9-15-401 to 407 Country of Origin:  United States Last Checked:  August, 2014 Alternate Citation:  ACA §§ 9-15-205 and 9-15-401 to 407 Date Adopted:  1991
Summary:

Upon a finding of domestic abuse, a court may "[d]irect the care, custody, or control of any pet. owned, possessed, leased, kept, or held by either party residing in the household" in an order for protection filed by a petitioner. Arkansas also defines emotional abuse to include harming a spouse's pet in its Spousal Safety Plan Act; emotional abuse, if committed by a spouse against hir or her spouse, also constitutes spousal abuse.

Statute Text: 

 

§ 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.

CREDIT(S)

Acts of 1991, Act 266, § 5; Acts of 1999, Act 662, § 2, eff. July 30, 1999; Acts of 1999, Act 1551, § 2, eff. July 30, 1999; Acts of 2007, Act 139, § 1, eff. July 31, 2007; Acts of 2009, Act 698, § 6, eff. July 31, 2009; Acts of 2011, Act 1049, § 1, eff. July 27, 2011.

Formerly Acts of 1989, Act 636, § 4.


West's Arkansas Code - Title 9. Family Law - Subtitle 2. Domestic Relations (Chapters 8 to 24)- Chapter 15. Domestic Abuse - Subchapter 4. Spousal Abuse Safety Plan Act

 

§ 9-15-401. Title

This subchapter shall be known and may be cited as the “Spousal Abuse Safety Plan Act”.

Credits
Acts of 2007, Act 1414, § 1, eff. July 31, 2007.

§ 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.

Credits
Acts of 2007, Act 1414, § 1, eff. July 31, 2007.

 

§ 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 than one (1) incident 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.

Credits
Acts of 2007, Act 1414, § 1, eff. July 31, 2007.

 

§ 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.

Credits
Acts of 2007, Act 1414, § 1, eff. July 31, 2007.


§ 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.

Credits
Acts of 2007, Act 1414, § 1, eff. July 31, 2007.

§ 9-15-406. Rules

The Arkansas Child Abuse/Rape/Domestic Violence Commission shall promulgate rules to implement and administer this subchapter.

Credits
Acts of 2007, Act 1414, § 1, eff. July 31, 2007.

§ 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.

Credits
Acts of 2007, Act 1414, § 1, eff. July 31, 2007.

 

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