|
Domestic abuse is defined under Arkansas law
as physical harm, bodily injury, assault, or the infliction of fear of
imminent physical harm, bodily injury, or assault between family or
household members; or any sexual conduct between family or household
members, whether minors or adults which constitutes a crime under the
laws of the State of Arkansas. Prior to 1991, persons who were victims
of a misdemeanor domestic abuse incident were required to have charges
filed through the City Attorney’s Office before a prosecution could be
initiated. However, in 1991, the Arkansas General Assembly passed the
Arkansas Domestic Abuse Act. Under the Act, if a police officer has
probable cause to believe that a misdemeanor crime of domestic abuse has
been committed, an arrest can be made within twelve hours for
misdemeanor domestic abuse involving physical injury and within four
hours if there is no injury.
Most of the domestic abuse incidents in
Russellville involve misdemeanor violence among intimates. The most
common crimes charged in domestic abuse incidents in Russellville are
domestic battering in the third (3rd) degree and assault of a family or
household member in the third (3rd) degree. In such cases, the City
Attorney’s Office, recognizing the nature of the cycle of violence, will
not allow victims to simply drop charges. In most cases, prosecution is
continued even against the wishes of the victim because the City
Attorney’s Office recognizes domestic abuse is a crime against the
State, and there are often times other victims in the family or
household.
Upon a plea of guilty to a misdemeanor
domestic abuse incident, the Russellville City Attorney’s Office will
usually recommend as part of the sentence, completion of a family
counseling or anger management program. If the defendant fails to
complete the program, a jail sentence will usually be imposed. The goal
of the Russellville City Attorney’s Office regarding domestic abuse
prosecution strategy is to deter any future violence by the offender
against the victim, or any other past, present, or future family or
household members.
If you are currently a victim in a domestic
case, and desire further information, contact Trey Smith, City Attorney,
at (479) 967-3186, or contact the Victim Coordinator at the Pope County
Prosecutor’s Office, whose phone number is (479) 968-8600.
For further general information about
domestic abuse cases, contact the City Attorney’s Office, at (479)
967-3186. |