Arkansas & U.S. Codes Related
to Domestic ViolenceGlossary of Terms
A-B-C
Adjudicated: To hear and settle (a case) by judicial procedure. To try and determine, as a court; to settle by judicial decree.
| In Washington, Madison and Carroll Counties, you can call the Peace at Home Family
Shelter, day or night, and an advocate there will help you. 479-442-9811 | 877-422-9811 (toll free). In Carroll County, you may also call the St. John's Domestic Violence Advocate: 870-423-5194 | 870-654-3647 (cell). For contact information for other counties in Arkansas, go to http://www.domesticpeace.com/ or call the National Domestic Violence Hotline at 1-800-799-7233 ( http://www.ndvh.org/ ). There is also a toll-free hotline specifically for male victims of domestic violence: 1-888-7HELPLINE |
Affidavit: A written declaration made under oath before a notary public or other authorized officer.
Affirmative defense ( http://www.wordiq.com/definition/Affirmative_defense)
| An affirmative defense is a defense used in litigation between private parties in common law jurisdictions. Affirmative defenses work to limit or excuse a defendant's liability even if the plaintiff's claim is proven, based on facts outside those claimed by the plaintiff. Examples include contributory negligence (when the plaintiff's actions contributed to his own injury), assumption of risk (when the plaintiff knowingly entered into a dangerous situation), or even a contractual provision that had previously waived the defendant's liability for causing the plaintiff's injuries. An affirmative defense must be timely pleaded by the defendant in order for the court to consider it, or it is waived by the defendant's failure to assert it. Because affirmative defenses require the assertion of facts beyond those claimed by the plaintiff, generally the party pleading an affirmative defense has the burden of proof on that defense. |
Chancery Court: Until the year 2000, Arkansas remained one of the few states with separate courts for law (circuit court) and for equity (chancery court). In November, 2000, the 80th amendment to the Arkansas Constitution was approved by the voters of Arkansas. See the Amendment 80 page for more information. Over the next several months, the Circuit and Chancery Courts will merge into Circuit Courts, and Municipal Courts will have county-wide jurisdiction and be renamed District Courts.
"Child" means a person under sixteen (16) years of age, for the purposes of the enhancements in the domestic violence offenses. (source: Arkansas Code Section V, Section 5-4-701)
"Citation" means a written order, issued by a law enforcement officer who is authorized to make an arrest, requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. (source: Arkansas Rules of Criminal Procedure, 5.1. Definitions)
Civil Law: The Arkansas legal system is divided into two areas: civil law and criminal law. Separate courts administrate these two areas of the law. Civil law covers disputes where neither party is accused of a crime. In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to punish that person for committing a crime. (source: http://www.womenslaw.org/AR/ar_how_to.htm)
Civil Standby: In some areas, you may be able to request a law enforcement officer to accompany you to your home to obtain your personal belongings without a court
order. This is known as a "civil standby". It is best if you check with your local law enforcement
authorities to see if this option is available to you. It is frequently not an
option without a judge's order from the bench.
Cohabited / cohabitated: Be aware that this concept is interpreted very differently across jurisdictions in Arkansas. In some, this can mean that the two people have had “intimate relations” at some point; other judges require that the individuals show that they formally lived together using leases, bills, etc. [See Attorney General's Opinion on this term.]
Concurrent Sentences: Criminal sentences that can be served at the same time rather than one after the other. http://www.lectlaw.com/def/c206.htm
Consanguinity: See chart for Fourth Degree of Consanguinity
Consecutive Sentences: Criminal sentences that must be served one after the other rather than at the same time. http://www.lectlaw.com/def/c206.htm
Continuance: When a court postpones a hearing, trial or other scheduled appointment (such as a settlement conference), it is called a continuance. If one party is not prepared for a hearing or trial, the court may grant a continuance to allow the party to get a lawyer or otherwise prepare so as not to be at a disadvantage. While continuances are often called for on the ground of fairness, they also are commonly sought by attorneys solely for the purpose of delaying the proceeding or harassing the other side. http://www.lectlaw.com/def/c206.htm
Criminal Law: The Arkansas legal system is divided into two areas: civil law and criminal law. Separate courts administrate these two areas of the law. The criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. A criminal complaint involves charging your abuser with a crime. (source: http://www.womenslaw.org/AR/ar_how_to.htm)
Criminal Mischief: see AR Code
Criminal Trespass: see AR Code
Culpability: Deserving of blame or censure as being wrong, evil, improper, or injurious.
Synonym: blameworthy.
As used in this code, unless the context otherwise requires, there are four (4) kinds of culpable mental states, which are defined as follows: (1) "Purposely." (2) "Knowingly." (3) "Recklessly." (4) "Negligently."
D-E-F
"Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury. (source: Arkansas Code Section V, 5-2-601)
"Deadly weapon": (A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or (B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury. (source: Arkansas Code Section V, 5-1-102)
Domestic Abuse: See this page
Dominant Aggressor: See this page
Dual Arrest: See this page
Evidence-based Prosecution: coming soon
| Latin for 'By or for one party' or 'by one side.' Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden. Although a judge is normally required to meet with all parties in a case and not with just one, there are circumstances where this rule does not apply and the judge is allowed to meet with just one side (ex parte) such as where a plaintiff requests an order (say to extend time for service of a summons) or dismissal before the answer or appearance of the defendant(s). In addition, sometimes judges will issue temporary orders ex parte (that is, based on one party's request without hearing from the other side) when time is limited or it would do no apparent good to hear the other side of the dispute. For example, if a wife claims domestic violence, a court may immediately issue an ex parte order telling her husband to stay away. Once he's out of the house, the court holds a hearing, where he can tell his side and the court can decide whether the ex parte order should be made permanent. http://www.lectlaw.com/def/e051.htm |
Extreme Indifference: The phrase "under circumstances manifesting extreme indifference to human life" does not focus on defendant's state of mind, but rather on the circumstances under which you find the defendant acted. The State must prove that defendant acted in a way that showed that the defendant was indifferent to whether or not the victim or another lived or died, that is, the defendant acted in a way which showed that defendant did not care that someone might be killed. http://www.judiciary.state.nj.us/criminal/charges/assault4.htm
Family or household member: See this page
"First appearance" means the first proceeding at which a defendant appears before a judicial officer. (source: Arkansas Rules of Criminal Procedure, 5.1. Definitions)
G-H-I-J-K-L
"In the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act of assault, battery, domestic battery, or assault on a family member or household member, for the purposes of the enhancements in the domestic violence offenses. (source: Arkansas Code Section V, Section 5-4-701)
knowing or having reason to know: see knowingly (below)
"Knowingly." A person acts knowingly with respect to his conduct or the attendant circumstances when he is aware that his conduct is of that nature or that such circumstances exist. A person acts knowingly with respect to a result of his conduct when he is aware that it is practically certain that his conduct will cause such a result. (source: Arkansas Code Section V, 5-2-202)
M-N-O
"Minor" means any person under eighteen (18) years of age. (source: Arkansas Code Section V, 5-2-601)
In domestic violence situations it is common for both parties to assert that the other party was actively engaged in the violence. This pattern of claims is sometimes grouped under the concept of “mutual combat”. While convenient and widely used, the term “mutual combat” is not helpful in the difficult task of identifying the primary aggressor. Mutual combat is a misused and misunderstood term. Police officers tend to classify a domestic violence case as “mutual combat” when they can’t or don’t have the time to sort out a messy case at the scene, thinking it is the prosecutor’s job to sort it out in court. Prosecutors tend to use it when both parties have injuries or both parties allege self defense at the scene. Prosecutors think if the police officers can’t figure it out, nor will the judge or the jury. Judges and juries use the term “mutual combat” to justify their not guilty verdicts. It’s instructive to think of mutual combat in the context of the western shoot out. Recall the movie Tombstone where Doc Holiday shoots it out with Johnny Ringo. The two men are of the same physical stature. They both have a gun. They are equally matched in skill and both agree to “shoot it out”. During the big fight scene, they attempt to stare each other down, each with their hand resting squarely on their gun. The tension builds before Doc Holiday finally says “when” and shoots Johnny Ringo between the eyes. Clearly, this is mutual combat. But this is not the situation in most homes where domestic violence is present. The parties are rarely evenly matched. Usually, one person is more powerful than the other, not just in size and strength, but also in the aspects of their personal relationship. Often, there is no opportunity to “opt out” and the options are limited: run, stay or defend yourself. “She hit me, too” [pdf] |
"Negligently." A person acts negligently with respect to attendant circumstances or a result of his conduct when he should be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. (source: Arkansas Code Section V, 5-2-202)
An Order of Protection is handled by the Prosecutor’s Office and usually issued only for cases including family or household members. A No Contact Order is a pre-trial order issued by a court when a charge of Harassment, Harassing Communications, or Terroristic Threatening is filed in court by a prosecutor. These No Contact Orders remain in effect until the trial date of the Defendant. Depending on the outcome of the trial, the No Contact Order may either be extended as part of a guilty judgment against the Defendant or set aside by the Court. In a domestic violence case, a No Contact Order is only available when the offender has been arrested, and these orders are much more limited than Orders of Protection in the relief they can offer. When criminal charges are involved, a No Contact provision can be made a condition of bond or pretrial release when the victim requests it (or by an attorney on the victim's behalf).
Upon pretrial release of the defendant, a judicial officer will enter a No Contact Order in writing and will give notice to the defendant of possible penalties. |
nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. http://www.lectlaw.com/def2/n026.htm
"Order to appear" means an order issued by a judicial officer at or after the defendant's first appearance releasing him from custody or continuing him at large pending disposition of his case but requiring him to appear in court or in some other place at all appropriate times. (source: Arkansas Rules of Criminal Procedure, 5.1. Definitions)
P-Q-R
Peace at Home Family Shelter, Fayetteville: Go to http://www.peaceathomeshelter.org/
Pendency: The quality or state of being undecided, or in continuance; suspense; as, the pendency of a suit. http://www.webster-dictionary.org/definition/Pendency
Petitioner: One who presents a petition. In relation to the Order of Protection, this is the person filing for an OOP against another – presumed to be the victim.
"Physical force" means any bodily impact, restraint, or confinement, or the threat thereof. (source: Arkansas Code Section V, 5-2-601)
"Physical injury" means the: (A) Impairment of physical condition; (B) Infliction of substantial pain; or (C) Infliction of bruising, swelling, or visible marks associated with physical trauma. (source: Arkansas Code Section V, 5-1-102) {see more here}
Primary Aggressor / Predominant Aggressor: See this page
"Purposely." A person acts purposely with respect to his conduct or a result thereof when it is his conscious object to engage in conduct of that nature or to cause such a result. (source: Arkansas Code Section V, 5-2-202)
"Reasonably believes" or "reasonable belief" means the belief that an ordinary, prudent person would form under the circumstances in question and one not recklessly or negligently formed. (source: Arkansas Code Section V, 5-1-102)
"Reasonable suspicion" means a suspicion based on facts or circumstances which of themselves do not give rise to the probable cause requisite to justify a lawful arrest, but which give rise to more than a bare suspicion; that is, a suspicion that is reasonable as opposed to an imaginary or purely conjectural suspicion. (source: Arkansas Rules of Criminal Procedure, Rule 2.1. Definitions)
Rebuttable
Presumption: a presumption that may be rebutted by evidence to the contrary.
Rebutted means to refute, especially by offering opposing evidence or arguments, as in a legal case.
"Recklessly." A person acts recklessly with respect to attendant circumstances or a result of his conduct when he consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. (source: Arkansas Code Section V, 5-2-202)
"Release on bail" means the release of a defendant upon the execution of a bond, with or without sureties, which may be secured by the pledge of money or property. (source: Arkansas Rules of Criminal Procedure, 5.1. Definitions)
"Release on own recognizance" means the release of a defendant without bail upon his promise to appear at all appropriate times, sometimes referred to as "personal recognizance." (source: Arkansas Rules of Criminal Procedure, 5.1. Definitions)
Reside / Resided: The Arkansas Supreme Court has interpreted the meaning of the word "reside" to include a situation where a houseguest was temporarily staying in the host's home. (source: http://www.womenslaw.org/AR/ar_how_to.htm) ---> See AG's Opinion on this term.
Respondent: In relation to the Order of Protection, this is the person against whom the OOP is being filed – presumed to be the abuser. OOP: Order of Protection
S-T-U
Safety Plan: See this site for safety planning information. Also, work with an advocate to develop a safety plan designed just for you and your unique situation. [Personal Safety Tips]
self-defense: A defense to certain criminal charges involving force. Use of force is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force. However, a person must use no more force than appears reasonably necessary in the circumstances. Force likely to cause death or great bodily harm is justified in self-defense only if a person reasonably believes that such force is necessary to prevent death or great bodily harm. http://www.lectlaw.com/def/d030.htm
Serious bodily injury: bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. [source: Arkansas Code 12-12-503. Definitions Section] {see more here}
"Serious physical injury" means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ. (source: Arkansas Code Section V, 5-1-102) {see more here}
"Summons" means an order issued by a judicial officer or, pursuant to the authorization of a judicial officer, by the clerk of a court, requiring a person against whom a criminal charge has been filed to appear in a designated court at a specified date and time. (source: Arkansas Rules of Criminal Procedure, 5.1. Definitions) --> see Attorney General's Opinion regarding summons & DV cases.
"Suspension" or "suspend imposition of sentence" [frequently referred to as “SIS”, and often in the context of a no contact order] means a procedure whereby a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision. (source: Arkansas Code Section V, Section 5-4-101)
"Unlawful physical force" means physical force that is employed without the consent of the person against whom it is directed and the employment of which constitutes a criminal offense or tort or would constitute such an offense or tort except for a defense other than the defense of justification or privilege. (source: Arkansas Code Section V, 5-2-601)
V-W-X-Y-Z