Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1613 3
4
By: Representative Underwood 5
By: Senator G. Stubblefield 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING THE D OMESTIC ABUSE 9
ACT OF 1991; TO AMEN D THE DEFINITIONS UN DER THE 10
DOMESTIC ABUSE ACT; TO AMEND THE REQUIRE MENTS FOR 11
OBTAINING AN ORDER O F PROTECTION; TO AME ND THE LAW 12
CONCERNING RELIEF TH AT MAY BE GRANTED IN AN ORDER OF 13
PROTECTION; TO ALLOW FOR REMOTE APPEARANC ES AND 14
EXPEDITED HEARINGS I N CERTAIN CIRCUMSTAN CES WITHIN AN 15
ORDER OF PROTECTION CASE; TO AMEND THE D UTIES OF A 16
SHERIFF'S OFFICE WIT H REGARD TO AN ORDER OF 17
PROTECTION CASE; TO ALLOW FOR THE CREATI ON OF A 18
DOMESTIC VIOLENCE INTERVENTION PROGRAM; AND FOR OTH ER 19
PURPOSES. 20
21
22
Subtitle 23
TO AMEND THE DOMESTIC ABUSE ACT OF 1991; 24
TO ALLOW FOR REMOTE APPEARANCES AND 25
EXPEDITED HEARINGS IN CERTAIN 26
CIRCUMSTANCES IN AN ORDER OF PROTECTION 27
CASE; AND TO CREATE A DOMESTIC VIOLENCE 28
INTERVENTION PROGRAM. 29
30
31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 32
33
SECTION 1. Arkansas Code § 9 -15-103(4), concerning the definition of 34
"domestic abuse" under the Domestic Abuse Act of 1991, is amended to read as 35
follows: 36 HB1613
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(4) "Domestic abuse" or "domestic violence" means: 1
(A) Physical harm, bodily injury, assault, or the 2
infliction of fear of imminent physical harm, bodily injury, or assault 3
between family or household members; or 4
(B) Any sexual conduct between fam ily or household 5
members, whether minors or adults, that constitutes a crime under the laws of 6
this state; 7
(C)(i) A pattern of behavior that in purpose or effect 8
unreasonably interferes with the free will and personal liberty of a person, 9
also known as "course of control" as used in this chapter. 10
(ii) "Course of control" includes without 11
limitation, unreasonably: 12
(a) Isolating a person from his or her 13
friends, relatives, or other sources of support; 14
(b) Depriving a person of basic neces sities; 15
(c) Controlling, regulating, or monitoring a 16
person's movements, communications, daily behavior, finances, economic 17
resources, or access to resources; or 18
(d) Compelling a person by intimidation, 19
force, threat of force, or threat based o n actual or suspected immigration 20
status to engage in conduct from which the person has a right to abstain or 21
to abstain from conduct in which the person has a right to engage; or 22
(D)(i) A pattern of behavior that unreasonably destroys 23
the mental or emotional calm of a family or household member based on the 24
totality of the circumstances, also known as "disturbing the peace" as used 25
in this chapter. 26
(ii) "Disturbing the peace" includes without 27
limitation: 28
(a) Molesting the other party; 29
(b) Attacking the other party; 30
(c) Striking the other party; 31
(d) Stalking the other party; 32
(e) Threatening the other party; 33
(f) Sexually assaulting the other party; 34
(g) Battering the other party; 35
(h) Credibly impersonati ng the other party; 36 HB1613
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(i) Falsely impersonating the other party; 1
(j) Harassing the other party; 2
(k) Telephoning the other party with the 3
intent to harass the other party; 4
(l) Destroying the personal property of the 5
other party; 6
(m) Directly or indirectly contacting the 7
other party with the intent to harass the other party; 8
(n) Coming within a specified distance of the 9
other party; 10
(o) Disturbing the peace of the other party; 11
(p) Disturbing the peace of a family member or 12
household member of the other party; or 13
(q) Any other act that the court determines 14
should be enjoined. 15
16
SECTION 2. Arkansas Code § 9 -15-201 is amended to read as follows: 17
9-15-201. Petition — Requirements generally. 18
(a) All petitions under this chapter shall be verified. 19
(b) The petition shall be filed with the circuit clerk in the county 20
where the petitioner resides, where the alleged incident of abuse occurred, 21
or where the respondent may be served. 22
(c)(1) A petition for relief under this chapter may be filed in the 23
circuit court. 24
(2) A petition for relief under this chapter may be filed in a 25
pilot district court if the jurisdiction is established by the Supreme Court 26
under Arkansas Constitution, Amendment 80, § 7, and if the cases are assigned 27
to the pilot district court through the administrative plan under Supreme 28
Court Administrative Order No. 14. 29
(d)(c) A petition may be filed by: 30
(1) Any adult family or household member on behalf of himself or 31
herself; 32
(2) Any adult family or household member on behalf of another 33
family or household member who is a minor, including a married minor; 34
(3) Any adult family or household member on behalf of another 35
family or household member who has been adjudicated an incompetent; or 36 HB1613
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(4) An employee or volunteer of a domestic-violence domestic 1
violence shelter or program on behalf of a minor, including a married minor. 2
(e)(d)(1) A petition for relief shall: 3
(A) Allege the existence of domestic abuse; 4
(B) Disclose the existence of any pending litigation 5
between the parties; and 6
(C) Disclose any prior filings of a petition for an order 7
of protection under this chapter. 8
(2) The petition shall be accompanied by an affidavit made under 9
oath that states the specific facts and circumstances of the domestic abuse 10
and the specific relief sought. 11
(f)(e) The petition may be filed regardless of whether there is any 12
pending litigation between the parties. 13
(g)(f) A person's right to file a petition, or obtain relief hereunder 14
shall not be affected by his or her leaving the residence or household to 15
avoid abuse. 16
17
SECTION 3. Arkansas Code § 9 -15-203 is amended to read as follows: 18
9-15-203. Petition — Form. 19
(a) The circuit clerk shall provide simplified forms and clerical 20
assistance to help petitioners with the writing and filing of a petition 21
under this chapter if the petitioner is not represented by counsel. 22
(b) The circuit clerk shall provide an informational pamphlet 23
developed by the Arkansas Coalition Against Domestic Violence, in 24
consultation with experts on domestic abuse prevention and intervention, that 25
provides information regarding resources available to victims of domestic 26
abuse. 27
(c) The petition form shall not require or suggest that a petitioner 28
include his or her Social Security number or the Social Security number of 29
the respondent in the petition. 30
(c)(d)(1)(A) A petitioner may omit his or her home address or business 31
address from all documents filed with the court. 32
(B) If a petitioner omits his or her home address, the 33
petitioner shall provide the court with a mailing address. 34
(2) If disclosure of a petitioner's home address is necessary to 35
determine jurisdiction or consider venue, the court may order the disclosure 36 HB1613
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of the petitioner's home address: 1
(A) After receiving the petitioner's consent; 2
(B) Orally and in chambers, out of the presence of the 3
respondent, and a sealed record to be made; or 4
(C) After a hearing, if the court takes into consideration 5
the safety of the petitioner and finds the disclosure is in the interest of 6
justice. 7
(d)(e) The petition may be in substantially the following form: 8
"Petition for Order of Protection 9
Case No. _____________ 10
_____________ Petitioner's home address: 11
Petitioner _____________________________ 12
_____________________________ 13
_____________ Petitioner's work address: 14
Date of Birth _____________________________ 15
16
vs. 17
18
_____________ Respondent's home address: 19
Respondent _________________________ ____ 20
_____________________________ 21
_____________ Respondent's work address: 22
Date of Birth, _____________________________ 23
if known _____________________________ 24
25
______ I am the petitioner and ______ at least 18 years of age ______ under 26
18 but emancipated. 27
______ I am filing on behalf of myself. 28
______ I am filing on behalf of a family or household member who is: 29
______ a minor(s): (list) ___________________________________________________ 30
______ an adjudicated incompetent person: (list) ___________________________ _ 31
______ The respondent is ______ at least 18 years of age ______ under 18 but 32
emancipated. 33
______ I am an employee or volunteer of a domestic violence shelter or 34
program, and I am filing on behalf of a minor. 35
The respondent and petitioner (or victim if filing on behalf of a minor or 36 HB1613
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incompetent person): (check all that apply) 1
______ Are spouses; ______ Are related by blood; 2
______ Are parent and child; ______ Currently reside together 3
or cohabit 4
______ Are former spouses; ______ Formerly resided together or 5
cohabitated; 6
______ Have or have had a child in common; 7
or ______ Are presently or in the past 8
have been in a dating relationship. 9
If order of protection of children is request ed: 10
Children Date of Birth Address Relationship to Parties 11
_____________________________________________________________________________12
_____________________________________________________________________________13
___________________________________________ __________________________________14
_____________________________________________________________________________ 15
The respondent has committed domestic abuse to the petitioner or victim by 16
the following acts: (describe) 17
______________________________________ _______________________________________18
_____________________________________________________________________________19
_____________________________________________________________________________20
_______________________________________________________________ ______________ 21
_____________________________________________________________________________22
_____________________________________________________________________________23
_____________________________________________________________________________24
_____________________________________________________________________________ 25
_____________________________________________________________________________ 26
I am afraid of the respondent and: (describe) 27
________________________________________________________________ _____________28
_____________________________________________________________________________29
_____________________________________________________________________________30
_____________________________________________________________________________ 31
_____________________________________________________________________________32
_____________________________________________________________________________ 33
_____________ (1) There is an immediate and present danger of domestic abuse 34
to me; or 35
_____________ (2) The res pondent is scheduled to be released from 36 HB1613
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incarceration within thirty (30) days and upon the respondent's release there 1
will be an immediate and present danger of domestic abuse to me. 2
The reasons are as follows: (describe) 3
_____________________________________________________________________________4
_____________________________________________________________________________5
_____________________________________________________________________________6
_________________________ ____________________________________________________ 7
_____________________________________________________________________________ 8
______ Petitioner requests that the court issue an ex parte order of 9
protection with the following provisions: (check all tha t apply) 10
______ Excluding the respondent from a shared residence or from the residence 11
of the petitioner or victim. Address of residence: 12
_____________________________________________________________________________ 13
______ Excluding the respondent from the place of business, employment, 14
school, or other location of the petitioner or victim. Address of residence: 15
_____________________________________________________________________________ 16
______ Excluding the respondent from the place of business, employme nt, 17
school, or other location of the petitioner or victim. Address of: 18
Place of business: __________________________________________________________ 19
Employment: _________________________________________________________________ 20
School: _____________________ ________________________________________________ 21
Other (identify): ___________________________________________________________ 22
Prohibiting the respondent, directly or through an agent, from contacting the 23
petitioner or victim, except under the following co nditions: 24
_____________________________________________________________________________25
_____________________________________________________________________________26
_____________________________________________________________________________27
______ Awarding temporary custody of minor children as follows: 28
Child's Name and Name of Person to Receive Custody 29
_____________________________________________________________________________30
_____________________________________________________________________________31
_____________________________________________________________________________32
_____________________________________________________________________________ 33
______ Requiring the respondent to pay child support in the amount of 34
$_____________ per child per mon th 35
______ Requiring the respondent to pay spousal support in the amount of 36 HB1613
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$_____________ per month 1
______ Excluding the petitioner's address from notice to the respondent 2
______ It is further requested that upon hearing, the court issue a full 3
order of protection with the following provisions: (check all that apply) 4
_____________ Excluding the respondent from the shared residence or from the 5
residence of the petitioner or victim. Address of the 6
residence:____________________________________________________ _______________ 7
______ Excluding the respondent from the place of business, employment, 8
school, or other location of the petitioner or victim. Address of: 9
Place of business: __________________________________________________________ 10
Employment: ___________ ______________________________________________________ 11
School: _____________________________________________________________________ 12
Other (identify): ___________________________________________________________ 13
______ Awarding temporary custody of minor ch ildren as follows: 14
Child's Name and Name of Person to Receive Custody 15
_____________________________________________________________________________16
_____________________________________________________________________________17
_____________________________________________________________________________18
_________________________ ____________________________________________________ 19
_____________________________________________________________________________ 20
______ Requiring the respondent to pay child support in the amount of 21
$_____________ per child per month 22
______ Requiring the respondent to pay spousal support in the amount of 23
$_____________ per month 24
______ Requiring the respondent to pay filing fees, service fees, court costs 25
and petitioner's attorney fees. 26
______ I am involved in pending litigation with the respondent in the case 27
of: 28
Case No.: ___________________________________________________________________ 29
Circuit or District Judge: __________________________________________________ 30
County or City: _____________________________________________________________ 31
______ I have previously filed a petition for an order of protection against 32
the respondent in the following case or cases: 33
Case No.: ___________________________________________________________________ 34
Circuit Judge: ______________________________________________________________ 35
County: _____________________________________________________________________ 36 HB1613
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The petitioner under oath states that the facts stated in the above petition 1
are true according to the petitioner's best knowledge and belief. 2
________________________ 3
Date 4
5
________________________ 6
Petitioner's signature 7
8
STATE OF ARKANSAS 9
COUNTY OF _____________________ 10
Subscribed and sworn to before me this _____________ day of 11
_____________, 20______. 12
13
________________________ 14
Notary Public 15
My Commission Expires: 16
________________________". 17
18
SECTION 4. Arkansas Code § 9 -15-205 is amended to read as follows: 19
9-15-205. Relief generally — Duration. 20
(a) At the hearing on the petition filed under this chapter, upon a 21
finding of domestic abuse as defined in § 9-15-103, the court may provide the 22
following relief: 23
(1) Exclude the abusing party from the dwelling that the parties 24
share or from the residence of the petitioner or victim; 25
(2) Exclude the abusing party from the place of business or 26
employment, school, or other location of the petitioner or victim; 27
(3)(A) Award temporary custody or establish temporary visitation 28
rights with regard to minor children of the parties. 29
(B)(i) If a previous child custody or visitation 30
determination has been made by another court with continuing jurisdiction 31
with regard to the minor children of the parties, a temporary child custody 32
or visitation determination may be made under subdivision (a)(3)(A) of this 33
section. 34
(ii) The order shall remain in effect until the 35
court with original jurisdiction enters a subsequent order regarding the 36 HB1613
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children; 1
(4) Order temporary support for minor children or a spouse, with 2
such support to be enforced in the manner prescribed by law for other child 3
support and alimony awards; 4
(5) Allow the prevailing party a reasonable attorney's fee as 5
part of the costs; 6
(6) Prohibit the abusing party directly or through an agent from 7
contacting the petitioner or victim except under specific conditions named in 8
the order; 9
(7)(A) Direct the exclusive care, possession, custody, or 10
control of any pet owned, possessed, leased, kept, or held by: either party 11
residing in the household; and 12
(i) The petitioner; 13
(ii) The respondent; or 14
(iii) A minor residing in the residence or household 15
of either the petitioner or the respondent; and 16
(B) Order the respondent to refrain from: 17
(i) Coming into contact with a pet under subdivision 18
(7)(A) of this section; and 19
(ii) Taking, transferring, encumbering, concealing, 20
molesting, attacking, striking, threatening, harming, or otherwise disposing 21
of a pet under subdivision (7)(A) of this section; 22
(8) Order the respondent to refrain from: 23
(A) Taking any action that could result in the termination 24
of any necessary utility services or other necessary services related to the 25
family dwelling or the dwelling of the applicant; 26
(B) Taking any action that could result in the 27
cancellation, change of coverage, or change of beneficiary of any health, 28
automobile, or homeowners insurance policy to the detriment of the petitioner 29
or the dependent child or children in common of the petitioner and 30
respondent; and 31
(C) Transferring, encumbering, concealing, or disposing of 32
specified property owned or leased by the petitioner; 33
(9) Provide the petitioner with temporary possession of one (1) 34
or more of the following that belongs in whole or in part to the petitioner 35
or temporary, rightful possession of which should be with the petitioner: 36 HB1613
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(A) An automobile; 1
(B) A debit card; 2
(C) A credit card; 3
(D) A checkbook; 4
(E) Documentation: 5
(i) Related to financial accounts; 6
(ii) Of health, automobile, or homeowners insurance; 7
and 8
(iii) For purposes of proving identity; 9
(F) A key; and 10
(G) Other necessary specified personal effects; 11
(10) Order the respondent to complete a domestic violence 12
intervention program under § 9-15-223; and 13
(8)(11)(A) Order other relief as the court deems necessary or 14
appropriate for the protection of a family or household member. 15
(B) The relief may include, but not be limited to, 16
enjoining and restraining the abusing party from doing, attempting to do, or 17
threatening to do any act injuring, mistreating, molesting, or harassing the 18
petitioner. 19
(b) Any relief granted by the court for protection under the 20
provisions of this chapter shall be for a fixed period of time not less than 21
ninety (90) days nor more than ten (10) years in duration, in the discretion 22
of the court, and may be renewed at a subsequent hearing upon proof and a 23
finding by the court that the threat of domestic abuse still exists. 24
(c) A request for relief or relief that is granted under this section 25
shall not preclude the imposition of criminal sanctions or a party from 26
seeking any other civil relief. 27
28
SECTION 5. Arkansas Code § 9 -15-219 is repealed. 29
9-15-219. Order of protection — Course of control — Definitions. 30
(a) As used in this section: 31
(1)(A) “Course of control” means a pattern of behavior that in 32
purpose or effect unreasonably interferes with the free will and personal 33
liberty of a person. 34
(B) “Course of control” includes without limitation the 35
following: 36 HB1613
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(i) Unreasonably isolating a person from his or her 1
friends, relatives, or other sources of support; 2
(ii) Unreasonably depriving a person of basic 3
necessities; 4
(iii) Unreasonably controlling, regulating, or 5
monitoring a person's movements, communications, daily behavior, finances, 6
economic resources, or access to resources; and 7
(iv) Unreasonably compelling a person by 8
intimidation, force, threat of force, or threat based on actual or suspected 9
immigration status to engage in conduct from which the person has a right to 10
abstain or to abstain from conduct in which the person has a right to engage; 11
and 12
(2)(A) “Disturbing the peace” means a pattern of behavior that 13
unreasonably destroys the mental or emotional calm of a family or household 14
member based on the totality of the circumstances. 15
(B) “Disturbing the peace” includes without limitation 16
course of control. 17
(b) A court may enter an ex parte order enjoining a party from 18
engaging in course of control or disturbing the peace, including without 19
limitation through one (1) or more of the following acts: 20
(1) Molesting the other party; 21
(2) Attacking the other party; 22
(3) Striking the other party; 23
(4) Stalking the other party; 24
(5) Threatening the other party; 25
(6) Sexually assaulting the other party; 26
(7) Battering the other party; 27
(8) Credibly impersonating the other party; 28
(9) Falsely impersonating the other party; 29
(10) Harassing the other party; 30
(11) Telephoning the other party with the intent to harass the 31
other party; 32
(12) Destroying the personal property of the other party; 33
(13) Directly or indirectly contacting the other party with the 34
intent to harass the other party; 35
(14) Coming within a specified distance of the other party; 36 HB1613
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(15) Disturbing the peace of the other party; 1
(16) Disturbing the peace of a family member or household member 2
of the other party; or 3
(17) Any other act that the court determines should be enjoined. 4
(c)(1) Upon a showing of good cause, an order of protection may 5
include an order granting the petitioner the exclusive care, possession, or 6
control of an animal owned, possessed, leased, kept, or held by: 7
(A) The petitioner; 8
(B) The respondent; or 9
(C) A minor residing in the residence or household of 10
either the petitioner or respondent. 11
(2) The court may order the respondent to refrain from: 12
(A) Coming into contact with the animal; or 13
(B) Taking, transferring, encumbering, concealing, 14
molesting, attacking, striking, threatening, harming, or otherwise disposing 15
of the animal. 16
(d) This section does not limit any other remedy available to a 17
petitioner by another provision of law. 18
19
SECTION 6. Arkansas Code Title 9, Chapter 15, Subchapter 2, is amended 20
to add an additional section to read as follows: 21
9-15-220. Hearing — Remote appearance. 22
(a) The court may allow the testi mony of a party or a child who is a 23
subject of a proceeding under the Domestic Abuse Act of 1991 to be taken 24
outside of the physical presence of any other party. 25
(b) Nothing in this section shall be construed to limit any party's 26
right to cross-examine a witness whose testimony is taken in a room other 27
than the courtroom at the direction of an order issued under this section. 28
29
SECTION 7. Arkansas Code Title 9, Chapter 15, Subchapter 2, is amended 30
to add an additional section to read as follows: 31
9-15-221. Duties of sheriff's office. 32
(a) The sheriff's office in every county in the state shall designate 33
at least one (1) officer to serve petitions, notices of hearing, ex parte 34
orders of protection, and final orders of protection upon respondents. 35
(b) If the respondent is located in a county other than the county 36 HB1613
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where the petition was filed, the designated officer in the county where the 1
respondent is located shall perform the duties included in subsection (d) of 2
this section. 3
(c) The circuit clerk shall immediately provide the petition, ex parte 4
temporary order of protection, if granted, and notice of hearing to the 5
designated officer. 6
(d) The designated officer shall attempt to serve the respondent 7
within two (2) hours of receiving the docume nts under this section. 8
(e) The county sheriff shall immediately enter or cause to be entered 9
orders and any subsequent modifications or cancellations into the order of 10
protection registry under § 12 -12-215. 11
(f) If the county sheriff does not have an A rkansas Crime Information 12
Center terminal and entries are made by another agency that does have an 13
Arkansas Crime Information Center terminal, that agency shall make entries 14
immediately upon receipt of information from the county sheriff. 15
16
SECTION 8. Arkansas Code Title 9, Chapter 15, Subchapter 2, is amended 17
to add an additional section to read as follows: 18
9-15-222. Order of protection — Violation — Expedited hearing. 19
(a) An expedited hearing shall be scheduled when a motion for contempt 20
is filed alleging that an order of protection has been violated. 21
(b) Requesting relief under this section shall not preclude a party 22
from seeking any other civil or criminal relief. 23
24
SECTION 9. Arkansas Code Title 9, Chapter 15, Subchapter 2, is amended 25
to add an additional section to read as follows: 26
9-15-223. Legislative intent — Domestic violence intervention program 27
— Definition. 28
(a) The General Assembly finds that: 29
(1) The purpose of a domestic violence intervention program or a 30
batterer intervention program is to: 31
(A) Hold batterers accountable; 32
(B) Promote safety for victims of domestic abuse; and 33
(C) Interrupt, avoid, and end domestic abuse; and 34
(2) Participants in a domestic violence intervention program may 35
need additional services for mental health, drug and alcohol treatment, 36 HB1613
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parenting education, or other relevant issues. 1
(b) As used in this section, "domestic violence intervention program" 2
or "batterer intervention program" means a certified intervention program 3
that serves to provide classes to individuals who commit acts of domestic 4
abuse and that offers nonviolent strategies and reinforces values that 5
promote respect and equality in an intimate partner relationship. 6
(c) The Arkansas Coalition Against Domestic Violence shall be 7
responsible for the certification of a domestic violence intervention program 8
or batterer intervention program. 9
(d) A certified intervention program shall operate within a framework 10
of the following fundamental tenets: 11
(1) Battering is a pattern o f behavior and not a singular event; 12
(2) Battering is not: 13
(A) An addiction or disease; or 14
(B)(i) Caused by alcohol or substance abuse. 15
(ii) However, because alcohol and substance abuse 16
can be aggravating factors of domestic abuse, alcohol and substance abuse 17
within the context of an intimate partner relationship should be addressed; 18
(3) A batterer is solely responsible for his or her own actions 19
and must be held accountable for his or her perpetration of domestic abuse; 20
(4)(A) An intervention program service provider may provide 21
factual information. 22
(B) However, an intervention program service provider 23
shall not participate as an advocate for a batterer in a court setting; and 24
(5) Family reunification services to address bat tering behavior: 25
(A) Are not appropriate as the primary means of 26
intervention; and 27
(B) Should not be used in the beginning stages of the 28
intervention program or while domestic abuse is still occurring. 29
30
31
32
33
34
35
36