Definitions of Domestic Violence - Arkansas

Date:

Defined in Domestic Violence Civil Laws

Citation: Ann. Code § 9-15-103

'Domestic abuse' means the following:

  • Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members
  • Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Code §§ 5-26-303; 5-26-304; 5-26-305

'First-degree domestic battering' means the following:

  • Causing serious physical injury to a family member with a deadly weapon
  • Seriously and permanently disfiguring a family member or destroying, amputating, or permanently disabling a part of his or her body
  • Causing serious physical injury under circumstances manifesting extreme indifference to the value of human life
  • Causing serious physical injury to a family member who is age 60 or older or age 12 or younger
  • Committing two or more acts of domestic battering within the past 10 years
  • Causing physical injury to a family or household member by means of a firearm
  • Knowingly causing serious physical injury to a family or household member who is age 4 or younger under circumstances manifesting extreme indifference to the value of human life

'Second-degree domestic battering' means the following:

  • Causing serious physical injury to a family member
  • Causing or recklessly causing physical injury with a deadly weapon
  • Causing physical injury to a family member who is age 60 or older or age 12 or younger

'Third-degree domestic battering' means the following:

  • Causing or recklessly causing physical injury to a family member
  • Negligently causing physical injury to a family member with a deadly weapon
  • Causing stupor, unconsciousness, or physical or mental impairment to a family member by administering any drug or other substance

Persons Included in the Definition

Citation: Ann. Code §§ 9-15-103; 5-26-302

In civil law: 'Family or household members' means spouses, former spouses, parents, 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 together or cohabited, 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.

In criminal law: 'Family or household member' means the following:

  • A spouse or former spouse
  • A parent
  • A child, including any minor residing in the household
  • Persons related by blood within the fourth degree of consanguinity
  • Persons who presently or in the past have resided or cohabited together
  • Persons who have or have had a child in common
  • Persons who are presently or in the past have been in a dating relationship together

The degree of consanguinity is computed pursuant to § 28-9-212.

The term 'dating relationship' means a romantic or intimate social relationship between two individuals that is determined by examining the following factors:

  • The length of the relationship
  • The type of the relationship
  • The frequency of interaction between the two individuals involved in the relationship

'Dating relationship' does not include a casual relationship or ordinary fraternization between two individuals in a business or social context.