Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1613
4
5 By: Representative Underwood
6 By: Senator G. Stubblefield
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING THE DOMESTIC ABUSE
10 ACT OF 1991; TO AMEND THE DEFINITIONS UNDER THE
11 DOMESTIC ABUSE ACT; TO AMEND THE REQUIREMENTS FOR
12 OBTAINING AN ORDER OF PROTECTION; TO AMEND THE LAW
13 CONCERNING RELIEF THAT MAY BE GRANTED IN AN ORDER OF
14 PROTECTION; TO ALLOW FOR REMOTE APPEARANCES AND
15 EXPEDITED HEARINGS IN CERTAIN CIRCUMSTANCES WITHIN AN
16 ORDER OF PROTECTION CASE; TO AMEND THE DUTIES OF A
17 SHERIFF'S OFFICE WITH REGARD TO AN ORDER OF
18 PROTECTION CASE; TO ALLOW FOR THE CREATION OF A
19 DOMESTIC VIOLENCE INTERVENTION PROGRAM; AND FOR OTHER
20 PURPOSES.
21
22
23 Subtitle
24 TO AMEND THE DOMESTIC ABUSE ACT OF 1991;
25 TO ALLOW FOR REMOTE APPEARANCES AND
26 EXPEDITED HEARINGS IN CERTAIN
27 CIRCUMSTANCES IN AN ORDER OF PROTECTION
28 CASE; AND TO CREATE A DOMESTIC VIOLENCE
29 INTERVENTION PROGRAM.
30
31
32 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
33
34 SECTION 1. Arkansas Code § 9-15-103(4), concerning the definition of
35 "domestic abuse" under the Domestic Abuse Act of 1991, is amended to read as
36 follows:
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1 (4) "Domestic abuse" or "domestic violence" means:
2 (A) Physical harm, bodily injury, assault, or the
3 infliction of fear of imminent physical harm, bodily injury, or assault
4 between family or household members; or
5 (B) Any sexual conduct between family or household
6 members, whether minors or adults, that constitutes a crime under the laws of
7 this state;
8 (C)(i) A pattern of behavior that in purpose or effect
9 unreasonably interferes with the free will and personal liberty of a person,
10 also known as "course of control" as used in this chapter.
11 (ii) "Course of control" includes without
12 limitation, unreasonably:
13 (a) Isolating a person from his or her
14 friends, relatives, or other sources of support;
15 (b) Depriving a person of basic necessities;
16 (c) Controlling, regulating, or monitoring a
17 person's movements, communications, daily behavior, finances, economic
18 resources, or access to resources; or
19 (d) Compelling a person by intimidation,
20 force, threat of force, or threat based on actual or suspected immigration
21 status to engage in conduct from which the person has a right to abstain or
22 to abstain from conduct in which the person has a right to engage; or
23 (D)(i) A pattern of behavior that unreasonably destroys
24 the mental or emotional calm of a family or household member based on the
25 totality of the circumstances, also known as "disturbing the peace" as used
26 in this chapter.
27 (ii) "Disturbing the peace" includes without
28 limitation:
29 (a) Molesting the other party;
30 (b) Attacking the other party;
31 (c) Striking the other party;
32 (d) Stalking the other party;
33 (e) Threatening the other party;
34 (f) Sexually assaulting the other party;
35 (g) Battering the other party;
36 (h) Credibly impersonating the other party;
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1 (i) Falsely impersonating the other party;
2 (j) Harassing the other party;
3 (k) Telephoning the other party with the
4 intent to harass the other party;
5 (l) Destroying the personal property of the
6 other party;
7 (m) Directly or indirectly contacting the
8 other party with the intent to harass the other party;
9 (n) Coming within a specified distance of the
10 other party;
11 (o) Disturbing the peace of the other party;
12 (p) Disturbing the peace of a family member or
13 household member of the other party; or
14 (q) Any other act that the court determines
15 should be enjoined.
16
17 SECTION 2. Arkansas Code § 9-15-201 is amended to read as follows:
18 9-15-201. Petition — Requirements generally.
19 (a) All petitions under this chapter shall be verified.
20 (b) The petition shall be filed with the circuit clerk in the county
21 where the petitioner resides, where the alleged incident of abuse occurred,
22 or where the respondent may be served.
23 (c)(1) A petition for relief under this chapter may be filed in the
24 circuit court.
25 (2) A petition for relief under this chapter may be filed in a
26 pilot district court if the jurisdiction is established by the Supreme Court
27 under Arkansas Constitution, Amendment 80, § 7, and if the cases are assigned
28 to the pilot district court through the administrative plan under Supreme
29 Court Administrative Order No. 14.
30 (d)(c) A petition may be filed by:
31 (1) Any adult family or household member on behalf of himself or
32 herself;
33 (2) Any adult family or household member on behalf of another
34 family or household member who is a minor, including a married minor;
35 (3) Any adult family or household member on behalf of another
36 family or household member who has been adjudicated an incompetent; or
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1 (4) An employee or volunteer of a domestic-violence domestic
2 violence shelter or program on behalf of a minor, including a married minor.
3 (e)(d)(1) A petition for relief shall:
4 (A) Allege the existence of domestic abuse;
5 (B) Disclose the existence of any pending litigation
6 between the parties; and
7 (C) Disclose any prior filings of a petition for an order
8 of protection under this chapter.
9 (2) The petition shall be accompanied by an affidavit made under
10 oath that states the specific facts and circumstances of the domestic abuse
11 and the specific relief sought.
12 (f)(e) The petition may be filed regardless of whether there is any
13 pending litigation between the parties.
14 (g)(f) A person's right to file a petition, or obtain relief hereunder
15 shall not be affected by his or her leaving the residence or household to
16 avoid abuse.
17
18 SECTION 3. Arkansas Code § 9-15-203 is amended to read as follows:
19 9-15-203. Petition — Form.
20 (a) The circuit clerk shall provide simplified forms and clerical
21 assistance to help petitioners with the writing and filing of a petition
22 under this chapter if the petitioner is not represented by counsel.
23 (b) The circuit clerk shall provide an informational pamphlet
24 developed by the Arkansas Coalition Against Domestic Violence, in
25 consultation with experts on domestic abuse prevention and intervention, that
26 provides information regarding resources available to victims of domestic
27 abuse.
28 (c) The petition form shall not require or suggest that a petitioner
29 include his or her Social Security number or the Social Security number of
30 the respondent in the petition.
31 (c)(d)(1)(A) A petitioner may omit his or her home address or business
32 address from all documents filed with the court.
33 (B) If a petitioner omits his or her home address, the
34 petitioner shall provide the court with a mailing address.
35 (2) If disclosure of a petitioner's home address is necessary to
36 determine jurisdiction or consider venue, the court may order the disclosure
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1 of the petitioner's home address:
2 (A) After receiving the petitioner's consent;
3 (B) Orally and in chambers, out of the presence of the
4 respondent, and a sealed record to be made; or
5 (C) After a hearing, if the court takes into consideration
6 the safety of the petitioner and finds the disclosure is in the interest of
7 justice.
8 (d)(e) The petition may be in substantially the following form:
9 "Petition for Order of Protection
10 Case No. _____________
11 _____________ Petitioner's home address:
12 Petitioner _____________________________
13 _____________________________
14 _____________ Petitioner's work address:
15 Date of Birth _____________________________
16
17 vs.
18
19 _____________ Respondent's home address:
20 Respondent _____________________________
21 _____________________________
22 _____________ Respondent's work address:
23 Date of Birth, _____________________________
24 if known _____________________________
25
26 ______ I am the petitioner and ______ at least 18 years of age ______ under
27 18 but emancipated.
28 ______ I am filing on behalf of myself.
29 ______ I am filing on behalf of a family or household member who is:
30 ______ a minor(s): (list) ___________________________________________________
31 ______ an adjudicated incompetent person: (list) ____________________________
32 ______ The respondent is ______ at least 18 years of age ______ under 18 but
33 emancipated.
34 ______ I am an employee or volunteer of a domestic violence shelter or
35 program, and I am filing on behalf of a minor.
36 The respondent and petitioner (or victim if filing on behalf of a minor or
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1 incompetent person): (check all that apply)
2 ______ Are spouses; ______ Are related by blood;
3 ______ Are parent and child; ______ Currently reside together
4 or cohabit
5 ______ Are former spouses; ______ Formerly resided together or
6 cohabitated;
7 ______ Have or have had a child in common;
8 or ______ Are presently or in the past
9 have been in a dating relationship.
10 If order of protection of children is requested:
11 Children Date of Birth Address Relationship to Parties
12 _____________________________________________________________________________
13 _____________________________________________________________________________
14 _____________________________________________________________________________
15 _____________________________________________________________________________
16 The respondent has committed domestic abuse to the petitioner or victim by
17 the following acts: (describe)
18 _____________________________________________________________________________
19 _____________________________________________________________________________
20 _____________________________________________________________________________
21 _____________________________________________________________________________
22 _____________________________________________________________________________
23 _____________________________________________________________________________
24 _____________________________________________________________________________
25 _____________________________________________________________________________
26 _____________________________________________________________________________
27 I am afraid of the respondent and: (describe)
28 _____________________________________________________________________________
29 _____________________________________________________________________________
30 _____________________________________________________________________________
31 _____________________________________________________________________________
32 _____________________________________________________________________________
33 _____________________________________________________________________________
34 _____________ (1) There is an immediate and present danger of domestic abuse
35 to me; or
36 _____________ (2) The respondent is scheduled to be released from
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1 incarceration within thirty (30) days and upon the respondent's release there
2 will be an immediate and present danger of domestic abuse to me.
3 The reasons are as follows: (describe)
4 _____________________________________________________________________________
5 _____________________________________________________________________________
6 _____________________________________________________________________________
7 _____________________________________________________________________________
8 _____________________________________________________________________________
9 ______ Petitioner requests that the court issue an ex parte order of
10 protection with the following provisions: (check all that apply)
11 ______ Excluding the respondent from a shared residence or from the residence
12 of the petitioner or victim. Address of residence:
13 _____________________________________________________________________________
14 ______ Excluding the respondent from the place of business, employment,
15 school, or other location of the petitioner or victim. Address of residence:
16 _____________________________________________________________________________
17 ______ Excluding the respondent from the place of business, employment,
18 school, or other location of the petitioner or victim. Address of:
19 Place of business: __________________________________________________________
20 Employment: _________________________________________________________________
21 School: _____________________________________________________________________
22 Other (identify): ___________________________________________________________
23 Prohibiting the respondent, directly or through an agent, from contacting the
24 petitioner or victim, except under the following conditions:
25 _____________________________________________________________________________
26 _____________________________________________________________________________
27 _____________________________________________________________________________
28 ______ Awarding temporary custody of minor children as follows:
29 Child's Name and Name of Person to Receive Custody
30 _____________________________________________________________________________
31 _____________________________________________________________________________
32 _____________________________________________________________________________
33 _____________________________________________________________________________
34 ______ Requiring the respondent to pay child support in the amount of
35 $_____________ per child per month
36 ______ Requiring the respondent to pay spousal support in the amount of
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1 $_____________ per month
2 ______ Excluding the petitioner's address from notice to the respondent
3 ______ It is further requested that upon hearing, the court issue a full
4 ord