Arkansas Criminal Defense Blog ©

Arkansas law allows for persons that are subject to domestic abuse to apply for an Order of Protection. (Arkansas Code Annotated 9-15-101-et seq.)

Unfortunately, this process is sometimes abused by those applying for them. Some situations may include:

1. An upset spouse or significant exacting revenge after a break up.
2. A spouse trying to gain advantage in a pending, or soon to be pending, divorce proceeding.
3. A spouse applying for an Order of Protection in anticipation of the other spouse applying for one. (“The Race to the Courthouse”)

It is important to have legal representation whenever one is served with an Ex-Parte Order of Protection. Arkansas law allows for the applicant to get an “Ex-Parte” (this means temporary) without a hearing. However, the court must have a hearing within thirty (30) days within filing of the temporary order.

WARNING: If you fail to attend the final hearing a final order of protection may be entered against you. Also, if the other party proves they are worthy of being granted a final order of protection the following will happen:

1. You will not be able to possess a firearm.
2. The order may be entered against you for up to ten (10) years.
3. If you violate this order in any way you may be arrested for a Violation of a Protection Order. This is a Class A Misdemeanor and punishable by up to one (1) year in jail, and a $1,000.00 fine.

Call the Eisele Law Firm to set up a free consultation if you have been served with an order of protection in Arkansas. We are developing a website dedicated to Arkansas order of protection defense at www.orderofprotectiondefense.com. See our main website at http://www.eiselelaw.com.

Tags: Arkansas Order of Protection, Domestic Violence

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People are arrested every day for altercations that arise out of a domestic dispute. Many persons arrested believe that the charges will be dropped if their spouse or girlfriend/boyfriend asks the prosecutor.

THIS IS NOT THE CASE.

Things you need to know about domestic violence cases:

• Even if you only plead to a misdemeanor domestic violence charge in Arkansas you cannot possession a firearm under federal law. See 18 U.S.C. § 922(g)
• If you are convicted of a misdemeanor domestic battery charge a second offense within 5 years is a felony. A.C.A. 5-26-305.
• If you are not a U.S. citizen you can be deported for a domestic violence offense.

In conclusion, any domestic violence charge, even if not a felony, is extremely serious and a criminal defense attorney should be consulted.

Tags: Domestic Violence

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