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Can someone answer this question??

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  • Can someone answer this question??

    Is being guilty of domestic violence the same as having an injunction(restraining order) for protection against domestic violence?. with the limited digging ive been doing it seems the ramifications are the same; anyone have a more legal answer especially as pertains to custody/visitation of children?? thanx Ed from florida.

  • #2
    Different types of orders

    No they are not the same.In arkansas the crime of Domestic Battery depending on the degree carries stiff penalties of jail time and fines. There are several different types of orders that protect victims of crime. Oders of Protection are civil orders not criminal charges. An order of protection , restraining order, no-conact order are all examples of CIVIL orders not criminal orders. Domestic Battery is a crime and is criminally prosecuted. Breifly I will tell you that each order has different functions. In arkansas and in most states an order of protection is obtained by a victim gong to the courts and requesting in writing protection for themselves and often times their children. An ofer of protection also addressed custody of the children giving most of the time the custody to the victim. A person that violates the order in any way can be prosecuted for violation of an Order of Protection and at that point become charged with a criminal offense.Irder of protection is obrtained at the court house from the clerk or in some areas that are fortunant at a victim service center or your local abuse shelter sometimes helps with writing and filing them. Violation of the order in arkansas carries a 1 year jail term and /or 1000.00 fine, and an attorney is never needed for the victim. These orders are also honored in other states under the full faith and credit laws. A restraining order is an order that is obtained through an attorney and normally follows some type of other civil action such as divorce, property dispute etc. You have the expense of an attorney on this order and if violated in arkansas the person only looks at a 50.00 fine and/or 10 days in jail so the order is basically useless, None of these orders carry criminal charges bythemselves since they are civil proceedings. No-contact orders can only be issued if a crime has been alledgedly committedand serve basically the same function as an order of protection with only a contempt charge if violated as in the case of the restraining order. Just because an order of protection is issued in arkansas does not mean that that person will be charged with a crime as well. A victim can take out an order of protection without charges being filed. Hope this helps. Florida is one of the more progressive states in the field of domestic violence and there are many programs available that arkansas does not have yet. Florida coalition against domestic violence can provide alot of good information. They have a website I am sure.


    • #3
      Being guilty means being guilty. There may be ramifications in terms of owning firearms, using firearms and other things like that depending on state and applicable federal laws.
      Something like a restraining order or injunction issued due to domestic violence is a legal means to keep the parties involved out of contact from each other.


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