Law Enforcement Officers’ FAQ

 

When may a law enforcement officer make an arrest without a warrant in domestic abuse cases?

16-81-113. Warrantless arrest for domestic abuse.* [see section of Arkansas Code]
(a) 
(1) Except as provided in subdivision (a)(3) of this section, when a law enforcement officer has probable cause to believe a person has committed acts which constitute a crime under the laws of this state and which constitute domestic abuse as defined in subdivision (b)(1) of this section against a family or household member, the officer may arrest the person without a warrant if the law enforcement officer has probable cause to believe the person within the preceding four (4) hours, or within the preceding twelve (12) hours for cases involving physical injury as defined in § 5-1-102(14), has committed such acts even if the incident did not take place in the presence of the law enforcement officer. 

(B) The arrest of the person shall be considered the preferred action by the law enforcement officer when evidence indicates that domestic abuse has occurred in addition to a violation of the Arkansas Criminal Code, § 5-1-101 et seq. 

(2)(A) When a law enforcement officer receives conflicting accounts of an act of domestic abuse involving family or household members, the law enforcement officer shall evaluate each account separately to determine if one (1) party to the act of domestic abuse was the predominant aggressor.
(B)(i) When determining if one (1) party to an act of domestic abuse is the predominant aggressor, a law enforcement officer shall consider the following factors based upon his or her observation:
(a) Statements from parties to the act of domestic abuse and other witnesses;
(b) The extent of personal injuries received by parties to the act of domestic abuse;
(c) Evidence that a party to the act of domestic abuse acted in self-defense; or
(d) Prior complaints of domestic abuse if the history of prior complaints of domestic abuse can be reasonably ascertained by the law enforcement officer.
(ii) A law enforcement officer may consider any other relevant factors when determining if one (1) party to an act of domestic abuse is the predominant aggressor.

(3)(A) When a law enforcement officer has probable cause to believe a person that is a party to an act of domestic abuse is the predominant aggressor and the act of domestic abuse would constitute a felony under the laws of this state, the law enforcement officer shall arrest the person who was the predominant aggressor with or without a warrant if the law enforcement officer has probable cause to believe the person has committed the act of domestic abuse within the preceding four (4) hours, or within the preceding twelve (12) hours for cases involving physical injury as defined in § 5-1-102, even if the incident did not take place in the presence of the law enforcement officer.
2 (B)(i) When a law enforcement officer has probable cause to believe a person who is a party to an act of domestic abuse is the predominant aggressor and the act of domestic abuse would constitute a misdemeanor under the laws of this state, the arrest with or without a warrant of the person who was the predominant aggressor shall be considered the preferred action by the law enforcement officer if there is reason to believe that there is an imminent threat of further injury to any party to the act of domestic abuse and the law enforcement officer has probable cause to believe the person has committed the act of domestic abuse within the preceding four (4) hours, or within the preceding twelve (12) hours for cases involving physical injury as defined in § 5-1-102, even if the incident did not take place in the presence of the law enforcement officer.
(ii) When a law enforcement officer has probable cause to believe a person who is a party to an act of domestic abuse is the predominant aggressor and the act of domestic abuse would constitute a misdemeanor under the laws of this state, the law enforcement officer may arrest the person without a warrant if the law enforcement officer has probable cause to believe the person has committed those acts within the preceding four (4) hours, or within the preceding twelve (12) hours for cases involving physical injury as defined in § 5-1-102, even if the incident did not take place in the presence of the law enforcement officer.

(4) Any law enforcement officer acting in good faith and exercising due care in making an arrest for domestic abuse shall have immunity from civil liability. 
  
[*Note – more info on warrantless arrests here.]   

 

12-12-403. Examinations and treatment - Payment.

(a) All licensed emergency departments shall provide prompt, appropriate emergency medical-legal examinations for sexual assault victims.
(b)
(1)(A) All victims shall be exempted from the payment of expenses incurred as a result of receiving a medical-legal examination provided the victim receive the medical-legal examination within seventy-two (72) hours of the attack.
(B) However, the seventy-two-hour time limitation may be waived if the victim is a minor or if the Crime Victims Reparations Board finds that good cause exists for the failure to provide the exam within the required time.
(2)(A) This subsection does not require a victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided with a forensic medical exam or reimbursement for charges incurred on account of a forensic medical exam, or both.
(B) Subdivision (b)(2)(A) of this section does not preclude a report of suspected abuse or neglect as permitted or required by the Arkansas Child Maltreatment Act, § 12-12-501 et seq.
(c)(1) A medical facility or licensed health care provider that performs a medical-legal examination shall submit a sexual assault reimbursement form, an itemized statement which meets the requirements of 45 C.F.R. 164.512(d), as it existed on January 2, 2001, directly to the board for payment.
(2) The medical facility or licensed health care provider shall not submit any remaining balance after reimbursement by the board to the victim.
(3) Acceptance of payment of the expenses of the medical-legal examination by the board shall be considered payment in full and bars any legal action for collection.

 

Why not arrest both people at the scene of a domestic, if they both have injuries? What is wrong with making a “dual arrest”?  

See this page for more information & reading on dual arrests.

 

How do I determine the primary physical aggressor at a scene, in order to avoid dual arrest?

See this page for more information & reading on dual arrests.

 

What is Arkansas’ stance towards arrest vs. other methods of dealing with domestic abuse?  

The arrest of the person shall be considered the preferred action by the law enforcement officer when evidence indicates that domestic abuse has occurred in addition to a violation of the Arkansas Criminal Code, § 5-1-101 et seq. [see section of Arkansas Code]

What happens if a law enforcement officer is convicted of a domestic abuse misdemeanor?

See this page for more information on Federal Gun Laws and Domestic Abuse.

 

See more info for law enforcement officers at the Peace At Home Shelter Site.

Submit your questions to: pah@nwark.com