Arkansas | Domestic Violence Primary Aggressor
Statute(s)
- § 16-81-113
Official Law Text
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 party to the act of domestic abuse was the predominant aggressor. When determining if one 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. A law enforcement officer may consider any other relevant factors when determining if one party to an act of domestic abuse is the predominant aggressor. 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 hours, or within the preceding 12 hours for cases involving physical injury, even if the incident did not take place in the presence of the law enforcement officer. 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 hours, or within the preceding 12 hours for cases involving physical injury, even if the incident did not take place in the presence of the law enforcement officer.