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Protection Order Definition Matrix - Battered Women's Justice Project

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State<br />

<strong>Definition</strong> of Domestic Violence/ Abuse for Domestic Violence Civil <strong>Protection</strong> <strong>Order</strong><br />

proceedings), section 13-2904 (Disorderly conduct), subsection A, paragraph 1, 2, 3 or 6, section 13-<br />

2910 (Cruelty to animals), subsection A, paragraph 8 or 9, section 13-2915 (Preventing use of telephone<br />

in emergency), subsection A, paragraph 3 or section 13-2916 (Use of telephone to terrify, intimidate,<br />

threaten, harass, annoy or offend), 13-2921 (Harassment), 13-2921.01 (Aggravated harassment), 13-<br />

2923 (Stalking), 13-3019 (Aggravated domestic violence), 13-3601.02 (Aggravated domestic violence)<br />

or 13-3623 (Child or vulnerable adult abuse; emotional abuse) if any of the following applies:<br />

1. The relationship between the victim and the defendant is one of marriage or former marriage or of<br />

persons residing or having resided in the same household.<br />

2. The victim and the defendant have a child in common.<br />

3. The victim or the defendant is pregnant by the other party.<br />

4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent,<br />

grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law,<br />

stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.<br />

5. The victim is a child who resides or has resided in the same household as the defendant and is<br />

related by blood to a former spouse of the defendant or to a person who resides or who has resided in the<br />

same household as the defendant.<br />

6. The relationship between the victim and the defendant is currently or was previously a romantic or<br />

sexual relationship. The following factors may be considered in determining whether the relationship<br />

between the victim and the defendant is currently or was previously a romantic or sexual relationship:<br />

(a) The type of relationship.<br />

(b) The length of the relationship.<br />

(c) The frequency of the interaction between the victim and the defendant.<br />

(d) If the relationship has terminated, the length of time since the termination.<br />

Arkansas ARK. CODE ANN. § 9-15-103 ((2)-(4) (2012).<br />

(3) “Domestic abuse” means:<br />

(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily<br />

injury, or assault between family or household members; or<br />

(B) Any sexual conduct between family or household members, whether minors or adults, that<br />

constitutes a crime under the laws of this state; and<br />

(4) "Family or household members" means spouses, former spouses, parents and children, persons<br />

related by blood within the fourth degree of consanguinity, any children residing in the household,<br />

persons who presently or in the past have resided or cohabited together, persons who have or have had a<br />

child in common, and persons who are presently or in the past have been in a dating relationship<br />

together.<br />

(2) (A) "Dating relationship" means a romantic or intimate social relationship between two (2)<br />

individuals that shall be determined by examining the following factors:<br />

(i) The length of the relationship;<br />

(ii) The type of the relationship; and<br />

5

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