Domestic Violence Laws

Domestic violence laws in Arkansas have developed over several decades, reflecting changes in state policy, federal legislation, and public awareness of intimate partner violence. Today, 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
Before the 1990s, Arkansas had limited statutory tools to address domestic abuse, and criminal enforcement was inconsistent. Prior to the Arkansas Domestic Abuse Act of 1991, police could not arrest an abuser for a misdemeanor domestic assault unless the victim first filed charges through a city attorney. The 1991 Act dramatically changed this. It authorized warrantless arrests when officers have probable cause to believe domestic abuse occurred—within twelve hours in incidents involving physical injury and four hours when no visible injury is present. This shift marked Arkansas’s first modern framework for emergency intervention and recognition of domestic abuse as a public safety issue rather than a private matter.

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
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 (ex parte) orders when immediate danger is shown or final orders after a court hearing at which both parties may present evidence. Orders of protection 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 cellphone accounts, and granting care of shared pets. 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 in domestic violence contexts.

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

Custody, Housing, and Workplace Protections
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.

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).

National Context and Ongoing Challenges
Domestic violence is 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.

Despite progress through the federal and state legislation and reforms, gaps in assistance remain. Nationwide, domestic violence programs turn away thousands each day due to lack of resources, underscoring the ongoing need for funding and coordinated responses.

For additional information:
Arkansas Coalition Against Domestic Violence. https://domesticpeace.com/ (accessed May 1, 2026).

“Domestic Violence.” Victims’ Rights Arkansas. https://victimsrightsar.com/domestic-violence (accessed May 1, 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 1, 2026).

Office of Family Violence Prevention and Services, Administration for Children and Families. https://acf.gov/ofvps (accessed May 1, 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 1, 2026).

Zachary Bishop
Warden Law Firm