When can the Arkansas police arrest you for domestic battery?

On Behalf of | Jul 9, 2024 | Violent Crimes |

Domestic battery is a serious crime in Arkansas. Laws are designed to help those harmed by this type of behavior.

Understanding when the police can arrest someone for this offense helps individuals know their rights and the law.

Definition of domestic battery

Domestic battery occurs when one person physically harms a family member, household member, or someone they are in a romantic relationship with. Arkansas law classifies domestic battery into three degrees, each with different levels of severity and consequences.

Grounds for arrest

The police can arrest someone for domestic battery if they have probable cause to believe that a crime occurred. Probable cause means there is enough evidence to make a reasonable person believe the suspect committed the offense. This evidence can include physical injuries, witness statements, and the suspect’s behavior.

Immediate arrest without a warrant

In many domestic battery cases, the police can arrest a suspect immediately without a warrant. If the officers arrive at the scene and find clear signs of violence or injury, they can make an arrest on the spot. This immediate action aims to protect the injured party and prevent further harm.

Protective orders and arrests

A protective order is a legal document issued by a court to protect those injured from their abusers. If someone violates a protective order by contacting or approaching the other person, the police can arrest them. Violating a protective order is a separate offense and can result in additional charges and penalties.

Factors influencing police decisions

Several factors influence police decisions to arrest someone for domestic battery. These factors include the severity of the injuries, the suspect’s criminal history, and any threats made by the suspect. The police also consider whether children are present during the incident, as this can escalate the situation’s seriousness.

Legal consequences

Being arrested for domestic battery in Arkansas can lead to severe legal consequences. Penalties may include jail time, fines, probation, and mandatory counseling. A conviction can also affect child custody, employment, and personal relationships. Understanding the law and knowing your rights are very important when facing such serious charges.