Domestic Violence Laws

Domestic violence laws in Arkansas have developed over many decades, reflecting changes in state policy, federal legislation, and public awareness of intimate partner violence. In the twenty-first century, Arkansas’s legal system provides civil and criminal remedies for survivors, including protective orders, criminal charges, housing protections, workplace protections, and custody modifications. These laws exist against the backdrop of persistently high rates of domestic abuse in the state; according to the Arkansas Coalition Against Domestic Violence (ACADV), more than forty percent of Arkansas women and thirty-four percent of Arkansas men experience intimate partner violence in their lifetimes; of the forty-two Arkansans killed in 2024, twenty-five were intimate partner homicide victims.

Historical Development
While victims of domestic violence in Arkansas have several avenues to protect themselves in the modern day, that was not always the case. For many centuries, English common law (which influenced laws in the New World) held that the man was master of his household and had a right to “chastise” his wife (what that “chastising” looked like was widely open to interpretation). It wasn’t until 1945 that marital rape was outlawed in the United States.

National reform came in the 1970s and 1980s, with the opening of over 700 shelters nationwide by 1983, President Ronald Reagan’s Victims of Crime Act (VOCA) of 1984, and the establishment in 1985 of a federal requirement for officers to make arrests in domestic violence cases. Despite such reforms, officers in Arkansas in the 1980s still could not arrest an abuser for a misdemeanor domestic assault unless the victim first filed charges through a city attorney. Due to victims’ need for immediate relief, protection, and discretion in intimate partner violence situations, this process proved problematic.

Act 266: Arkansas Domestic Abuse Act of 1991
Change came in the form of the Arkansas Domestic Abuse Act of 1991 (Act 266), which established the legal framework that is still used today. Act 266 introduced several critical reforms, including warrantless arrest authority when officers have probable cause to believe domestic abuse occurred—within twelve hours for cases involving physical injury and within four hours when no injury is visible. It also established orders of protection and emergency ex parte relief, allowing courts to intervene quickly to prevent further harm. The Arkansas General Assembly emphasized that these measures were necessary to address “the acute and pervasive problem of violence and abuse within households” (Ark. Code § 9-15-101).

Federal law soon shaped Arkansas’s policies as well. The Violence Against Women Act (VAWA) of 1994 created nationwide protections, funding for shelters, and mandatory cross-state enforcement of protective orders. These federal reforms influenced Arkansas’s subsequent statutory expansions, including broader definitions of who qualifies for protection and stronger enforcement mechanisms.

Definitions and Scope of Domestic Abuse in Arkansas
Domestic violence laws in Arkansas span multiple titles of the Arkansas Code. Criminal offenses are primarily found in Title 5, while civil protections—such as orders of protection—are governed by Title 9 (Family Law).

Under Arkansas law (Ark. Code § 9-15-103), domestic abuse includes physical harm, bodily injury, assault, fear of injury, sexual abuse, and certain stalking behaviors committed against a “family or household member.” This category includes spouses, former spouses, dating partners, cohabitants, parents, children, relatives by blood or marriage, and individuals who share a child. Arkansas explicitly recognizes dating relationships and same-sex partners under this legislation as well.

Civil Protective Orders
The primary civil remedy for survivors is the Order of Protection, available through Arkansas circuit courts. A petition may be filed in the county where the survivor lives, where the abuse occurred, or where the abuser can be served. Judges may issue temporary orders when immediate danger is shown or final orders after a court hearing at which both parties may present evidence. These orders may include provisions restricting contact, preventing harassment, excluding the abuser from a shared residence, assigning temporary custody or visitation, awarding temporary child support or spousal support, transferring cell phone accounts, and granting care of shared pets (Ark. Code §§ 9-15-205). Violations of protection orders can result in arrest, criminal charges, and penalties ranging from Class A misdemeanors to Class D felonies, depending on prior violations.

Under federal law (18 U.S.C. § 2265), all valid protection orders are enforceable across state lines under the doctrine of full faith and credit, and Arkansas courts must enforce out-of-state orders without requiring registration.

Criminal Laws Related to Domestic Violence
Arkansas criminal statutes include specific offenses such as domestic battering in the first, second, and third degree (Ark. Code §§ 5-26-303–305) and aggravated assault on a family or household member (§ 5-26-306). Many other general criminal offenses—including kidnapping, sexual assault, stalking, and harassment—apply within the context of domestic violence.

Arkansas law also authorizes arrest without a warrant when officers have probable cause to believe domestic abuse has occurred, a critical enforcement tool created by the 1991 Act. Criminal conviction records in Arkansas are also fed into national systems like the National Instant Criminal Background Check System (NICS), which can be used by law enforcement as a means to prohibit firearm purchases.

Firearm Restrictions
Federal law under the VAWA adds broad firearm restrictions that supersede any Arkansas state laws, barring firearms for individuals subject to qualifying protection orders or convicted of misdemeanor domestic violence. Although Arkansas law does not require firearm surrender when a protective order is issued, state law does prohibit firearm possession by individuals convicted of a felony, adjudicated mentally ill, or involuntarily committed (Ark. Code § 5-73-103(a)(1)).

Additional Protections for Alleged Victims
Laura’s Law and Laura’s Card
In 2015, the General Assembly passed Act 873, also known as Laura’s Law. This law, which was named for three women affected by domestic violence in Arkansas, requires officers to ask victims a set of questions once they arrive at the scene, with the goal of determining the victims’ risk of being killed. Examples include: “Has the offender ever used a weapon against you?” Or, “Does the offender control your daily activities?”

Additionally, under AR Code § 16-90-1107, officers are required to provide a Laura’s Card to the victim or victim’s family, which is a document that explains their rights and provides information about assistance, protection, and compensation available to them. Under this same statute, officers are also required to keep victims informed about the whereabouts of their abuser and the status of the case.

Custody
Domestic violence significantly affects family law outcomes. When determining custody, Arkansas judges must consider any act of domestic violence and may restrict or supervise visitation. A proven pattern of domestic abuse creates a rebuttable presumption against awarding custody to the abusive parent (Ark. Code § 9-13-101(c)).

Housing Protections
Housing protections under Ark. Code § 18-16-112(b) prohibit landlords from evicting or refusing to rent to survivors; these protections also allow survivors to change locks on rental properties with proper documentation. Workplace protections allow employers to seek injunctions against workplace violence on behalf of endangered employees (Ark. Code § 11-5-115).

Rights of the Accused
Arkansas law balances victim protections with due process rights for the accused. Respondents in protection order cases must receive notice and an opportunity to be heard. In criminal cases, defendants retain constitutional protections, including the right to counsel, to confront witnesses, and to a fair trial.

Under Ark. Code § 5-53-134(d), defendants accused of violating protection orders may assert defenses, such as reconciliation or invited contact. In custody disputes, the presumption against abusive parents is rebuttable, allowing the accused to present evidence (Ark. Code § 9-13-101(c)(2)).

Role of Law Enforcement and Prosecution
Law enforcement and prosecutors play a central role in domestic violence cases, often proceeding independently of the victim’s wishes. Officers may make warrantless arrests based on probable cause (Ark. Code § 16-81-113) and may make arrests for protection order violations even if the violation did not occur in their presence (Ark. Code § 5-53-134(c)).

Prosecutors determine whether to file charges and often rely on evidence-based prosecution, meaning cases may proceed without victim testimony. Arkansas law allows prosecution based on police reports, witness statements, and other evidence (Ark. Code § 12-12-109(a)).

National Context and Ongoing Challenges
Domestic violence remains widespread nationally. The National Network to End Domestic Violence (NNEDV) reports that, in the United States, forty-seven percent of women and forty-four percent of men experience contact sexual violence, physical violence, or stalking by an intimate partner in their lifetime. Children are deeply affected, with twenty-six percent exposed to family violence before adulthood.

However, the effects of federal funding to address this national issue can certainly be felt. In 2025, the National Network to End Domestic Violence, which represents fifty-six state and territorial coalitions in the United States, reported nearly 80,000 adults and children served with critical services and support. Gaps in assistance remain, however. Nationwide, domestic violence programs turn away thousands each day due to lack of resources, underscoring the ongoing need for funding and coordinated responses.

Some say there is still work to be done to improve Arkansas domestic violence law. Researcher and Arkansas attorney Alia B. Reddell points out that many of Arkansas’s domestic violence statutes are discretionary or preferential in nature (e.g., AR Code § 16-81-113(a)(1)(B)) rather than mandatory in nature and submits that mandatory arrest and prosecution policies are most effective in ensuring the protection of victims.

For additional information:
Arkansas Coalition Against Domestic Violence. https://domesticpeace.com/ (accessed May 28, 2026).

“Criminal Lawyer’s Guide to Arkansas Domestic Violence Law.” Ludwig Law Firm. https://ludwiglawfirm.com/guide-to-arkansas-domestic-violence-law (accessed May 28, 2026).

“Domestic Violence.” Victims’ Rights Arkansas. https://victimsrightsar.com/domestic-violence (accessed May 28, 2026).

Domestic Violence: A Practical Guide for Navigating the Legal System in Arkansas. Updated March 22, 2022. https://www.arcourts.gov/sites/default/files/Domestic%20Violence%20Handbook%20for%20Victims%20Final%20Revised%204.19.22.pdf (accessed May 28, 2026).

“Domestic Violence Law in Arkansas: A Defense Lawyer’s Guide.” Warden Law Firm. https://wardenfirm.com/for-the-win/f/domestic-violence-law-in-arkansas-a-defense-lawyers-guide (accessed May 28, 2026).

Office of Family Violence Prevention and Services, Administration for Children and Families. https://acf.gov/ofvps (accessed May 28, 2026).

Reddell, Alia B. “Toxic Love: Mandating Standards in Arkansas’s Domestic Violence Laws.” Arkansas Law Review 77, no. 1 (2024): 127–162. Online at https://scholarworks.uark.edu/alr/vol77/iss1/5/ (accessed May 28, 2026).

Zachary Bishop
Warden and Ludwig Law Firm