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 adjustments. 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.

Whether you are seeking protection from abuse or facing criminal allegations, understanding Arkansas domestic violence laws is essential. This guide explains how Arkansas law defines domestic violence, what protections are available, how criminal charges work, and what legal consequences may follow. For more insight on this topic, check out the Domestic Violence Laws Encyclopedia of Arkansas entry that our expert Domestic Violence defense team wrote on this topic, in partnership with Warden Law Firm.

State and Federal Domestic Abuse Law

Common Law

While victims of domestic violence in Arkansas have several avenues to protect themselves today, that was not always the case. For many centuries, English common law 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 U.S.

National Reform in the 1970s and 80s

National reform came in the 1970s and 1980s, with events like Del Martin’s Battered Wives, the opening of over 700 shelters nationwide by 1983, Reagan’s Victims of Crime Act (VOCA) of 1984, and Thurman V. City of Torrington (1985), which established a federal requirement for officers to make arrests in domestic violence cases. Despite this forward movement in other states, 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 to be problematic. State reform was imminent.

Act 266 (Arkansas Domestic Abuse Act of 1991)

In 1991, the Arkansas General Assembly passed Act 266, also named the Arkansas Domestic Abuse Act of 1991, which caught the state up with now standard domestic violence protections across the country.This new Act introduced new rules like warrantless arrests when officers have probable cause to believe domestic abuse occurred, orders of protection where victims can quickly restrict contact through civil court, and emergency ex parte orders of protection to address immediate danger of harm, among many others.

In the Purpose section of the Arkansas Domestic Abuse Act of 1991, the General Assembly of the State of Arkansas made it clear that these new laws were needed to fill a void in the Arkansas statutory law, done through “the removal of offenders from the household and other injunctive relief.” The Assembly said this was done to “meet a compelling societal need and is necessary to correct the acute and pervasive problem of violence and abuse within households in this state” (Ark. Code § 9-15-101).

Violence Against Women Act (VAWA)

Federal law soon shaped Arkansas’s policies and initiatives as well. The Violence Against Women Act (VAWA) of 1994, signed into law by President Bill Clinton, created nationwide protections, including introducing federal funding for shelters, expanding law enforcement personelle to investigate domestic violence cases, and increasing resources for prosecuting attorneys. One notable protection from VAWA is the mandatory cross-state enforcement of protective orders, found under the Act's Full Faith and Credit provision (18 U.S.C. § 2265(a)). Another is the widening of victim qualification from only those in a marital relationshipto include those in dating partnerships, intimate relationships, and victims of stalking or sexual assault regardless of relationship status.

Definitions and Scope of Domestic Abuse in Arkansas

The laws that define the signs and consequences of domestic abuse span several titles – or unique subdivisions – of the full Arkansas Code. For example, you can find elements and definitions of abuse-related crimes in Title 5 – the Arkansas Criminal Code. If you’relooking for the definition of domestic abuse, you can find this under Title 9 (Family Law), alongside petition requirements for orders of protection, and stipulations for child custody under the Uniform Child Custody Jurisdiction and Enforcement Act. Or, if you’re looking to educate yourself about how to report domestic violence, Title 12 (Emergency Management) provides helpful guidelines.

Under Title 9 of Arkansas Code (Ark. Code § 9-15-103), domestic abuse means physical harm, bodily injury, assault, fear of injury, sexual abuse, and certain stalking or voyeurism 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 of domestic violence, under the definition of abuse under Ark. Code § 9-15-103, is the Order of Protection, which is available for anyone to request through an Arkansas circuit court – all one needs to do is file a petition for reliefunder Ark. Code § 9-15-201. 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.

Federal Cross-State Enforcement

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.

Difference Between Misdemeanor and Felony Domestic Violence Laws

In Arkansas, misdemeanor domestic violence (such as third-degree domestic battering or a first violation of a protection order) generally involves less severe harm or first-time offenses and is punishable by up to one year in jail and fines. In contrast, felony domestic violence (such as first- or second-degree domestic battering or repeat violations of protection orders) involves more serious injury, use of a weapon, or prior offenses and can result in multiple years in prison and significantly higher fines.

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Additional Protections for the Alleged Victim

Laura's Card and Laura's Law

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 their risk of being killed by abuse. 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 explains their rights and provides information about assistance, protection, and compensation available to them.

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.

Housing

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

As with any legal issue, the rights of the accused also must be considered.

In regards to the civil protection order, the accused – also known as the respondent – must receive notice of a protection order being placed on them through Service of Process. While it is not a crime for a respondent to fail to appear on court date stipulated on the served legal papers, they must appear in court if they want their side of the story to be heard by the judge.

If criminal charges are brought against an individual, the accused – also known as the defendant – has a right to constitutional due process, including a right to counsel, right to confront witnesses, and a right to a fair trial. If the defendant has allegedly violated the order of protection, Ark. Code § 5-53-134(d) stipulates that he or she has certain defenses against that allegation, including if both parties reconciled before the violation, the petitioner invited the defendant to their residence or workplace despite knowing about the order of protection, the petitioner arranged to meet with the defendant with the promise that they would not report the defendant to the police, or if the petitioner visited the residence or place of employment of the defendant on his or her own accord.

In line with AR Code § 9-13-101(c)(2), the court’s consideration of the accused’s proven history of domestic violence when deciding custody is a rebuttable presumption, meaning that the accused has the right to present evidence in custody proceeding to attempt to reject that presumption.

Role of Law Enforcement and Prosecution

In Arkansas domestic violence cases, law enforcement and prosecutors play a central role in initiating and pursuing cases, often independent of the victim’s wishes.

Law enforcement officers can make warrantless arrests if they have probable cause to believe domestic abuse occurred within a specified time frame (Ark. Code § 16-81-113). They are also authorized to arrest someone for violating a protection order even if the violation did not occur in their presence (Ark. Code § 5-53-134(c)). Officers document the incident, collect evidence, and may refer the case for criminal charges.

Prosecutors (typically city or prosecuting attorneys) decide whether to file charges and move the case forward in court based on the evidence they are given by law enforcement. Domestic violence cases are prosecuted under victimless prosecution (AR Code § 12-12-109(a)), meaning the case can proceed even if the victim does not want to testify, using police reports, witness statements, and other evidence. Prosecutors also pursue penalties for violations of protection orders and may seek enhanced charges for repeat offenders.

National Context

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 legislation and resources both locally and nationally, gaps in assistance remain. According to the National Network to End Domestic Violence’s 19th Annual Domestic Violence Counts Report, domestic violence programs turned away just over 14,000 survivors and children in 2024 due to lack of resources, underscoring the ongoing need for funding and coordinated responses.

Ongoing Efforts and Positive Progress in Arkansas and Beyond

While Arkansas Law provides strong protections for victims of domestic violence, sometimes it can be difficult for partners in both dating and marriage relationships to tell when a behavior goes from healthy to unhealthy. Luckily, there are several excellent resources for those looking to get answers to those kinds of questions, ending relationship abuse before it begins. Some of these include national resources like the Break The Cycle, loveisrespect.org, and the National Domestic Violence Hotline, as well as local Arkansas resources like the Arkansas Coalition Against Domestic Violence and UAMS’s Domestic Violence Prevention and Victim Services Resources. These resources have been described as “safe havens” by survivors in Arkansas, and are incredible resources for those in need.

For those survivors who need immediate help, the National Domestic Violence Hotline (created in August of 1995) is the best place to go first – you can call it using the number 800-799-7233, or text BEGIN to 88788. Additionally, you can reach out to a domestic violence shelter near you, like Women and Children First in Little Rock or Northwest Arkansas Women’s Shelter in Rogers. For more information about the nearest shelter to you, the Arkansas Coalition Against Domestic Violence has a complete list of all shelters in the state of Arkansas on their website.

In 2025, The National Network To End Domestic Violence, which represents 56 state and territorial coalitions in the United States, reported nearly 80,000 adults and children served with critical services and support, underscoring the incredible work that advocates do on behalf of survivors and their children.

Regarding legal reform, 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.

Positive Change In The Midst of Widespread Domestic Violence

While the law can certainly change over time, knowledge of what Arkansas law says today, access to incredible free resources that inspire positive change in relationships, and an eagerness to support your loved ones in their time of need can make a radical difference for those impacted by domestic violence in Arkansas.

Impacted By Domestic Violence? Ludwig Law Firm Can Help

Domestic violence allegations can carry lifelong consequences. Criminal convictions, protective orders, custody disputes, and firearm restrictions can all arise from a single accusation.

If you are under investigation or have been charged with a domestic violence offense, obtaining experienced legal representation immediately is critical.

At Ludwig Law Firm, we prepare every case as if it is going to trial. We team up with Warden Law Firm to aggressively investigate allegations, challenge weak evidence, and fight to protect our clients' rights and futures.

Visit Our Article on The Encyclopedia of Arkansas To Learn More

If you want to continue your research on domestic violence law in Arkansas, visit the Encyclopedia of Arkansas's entry on the subject for an in-depth overview, written by the Warden/Ludwig domestic violence defense team.

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Legal Disclaimer

The information provided in this guide is for general informational purposes only and is not intended as legal advice. Reading this guide or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal matter is different, and you should consult a qualified attorney regarding your specific situation. Ludwig Law Firm serves clients throughout Arkansas.