The bill amends Arkansas Code 5-53-134(b) regarding the classification of offenses for violations of orders of protection. Under the current law, a violation is classified as a Class A misdemeanor. However, the bill introduces a provision that escalates the offense to a Class D felony if the violation occurs within five years of a prior conviction for violating an order of protection, whether from Arkansas or an equivalent domestic abuse order from another state or foreign jurisdiction.
Additionally, the bill stipulates that for the violation to be classified as a Class D felony, the order of protection must have been issued following a hearing where the individual received actual notice and had the opportunity to participate. This amendment aims to strengthen the legal consequences for repeat offenders of protection orders, thereby enhancing the protection for victims of domestic abuse.
Statutes affected: Old version HB1764 V2 - 4-2-2025 10:24 AM: 5-53-134(b)
Old version HB1764 Original - 3-12-2025 03:00 PM: 5-53-134(b)
HB 1764: 5-53-134(b)
Act 831: 5-53-134(b)