§ 5-53-134 - Violation of an order of protection.
5-53-134. Violation of an order of protection.
(a) (1) A person commits the offense of violation of an order of protection if:
(A) A circuit court or other court with competent jurisdiction has issued a temporary order of protection or an order of protection against the person pursuant to the The Domestic Abuse Act of 1991, 9-15-101 et seq.;
(B) The person has received actual notice or notice pursuant to the Arkansas Rules of Civil Procedure of a temporary order of protection or an order of protection pursuant to the The Domestic Abuse Act of 1991, 9-15-101 et seq.; and
(C) The person knowingly violates a condition of an order of protection issued pursuant to the The Domestic Abuse Act of 1991, 9-15-101 et seq.
(2) A person commits the offense of violation of an out-of-state order of protection if:
(A) The court of another state, a federally recognized Indian tribe, or a territory with jurisdiction over the parties and matters has issued a temporary order of protection or an order of protection against the person pursuant to the laws or rules of the other state, federally recognized Indian tribe, or territory;
(B) The person has received actual notice or other lawful notice of a temporary order of protection or an order of protection pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory;
(C) The person knowingly violates a condition of an order of protection issued pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; and
(D) The requirements of 9-15-302 concerning the full faith and credit for an out-of-state order of protection have been met.
(b) (1) Except as provided in subdivision (b)(2) of this section, violation of an order of protection under this section is a Class A misdemeanor.
(2) Violation of an order of protection under this section is a Class D felony if:
(A) The offense is committed within five (5) years of a previous conviction for violation of an order of protection under this section;
(B) The order of protection was issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate; and
(C) The facts constituting the violation on their own merit satisfy the elements of any felony offense or misdemeanor offense, not including an offense provided for in this section.
(c) (1) A law enforcement officer may arrest and take into custody without a warrant any person who the law enforcement officer has probable cause to believe:
(A) Is subject to an order of protection issued pursuant to the laws of this state; and
(B) Has violated the terms of the order of protection, even if the violation did not take place in the presence of the law enforcement officer.
(2) Under 9-15-302, a law enforcement officer or law enforcement agency may arrest and take into custody without a warrant any person who the law enforcement officer or law enforcement agency has probable cause to believe:
(A) Is subject to an order of protection issued pursuant to the laws or rules of another state, a federally recognized Indian tribe, or a territory; and
(B) Has violated the terms of the out-of-state order of protection, even if the violation did not take place in the presence of the law enforcement officer.
(d) It is an affirmative defense to a prosecution under this section that the parties have reconciled prior to the violation of the order of protection.
(e) Any law enforcement officer acting in good faith and exercising due care in making an arrest for domestic abuse in an effort to comply with this subchapter shall have immunity from civil or criminal liability.