HB1431
To Amend The Definitions Under The Domestic Abuse Act Of 1991; And To Prohibit The Issuance Of An Order Of Protection Enjoining A Party From Engaging In Course Of Control Or Disturbing The Peace Ex Parte.
AI-Generated Summary
This bill proposes amendments to Arkansas's Domestic Abuse Act of 1991. Specifically, it aims to modify the definition of "domestic abuse" to include a "pattern of behavior" as defined by "course of control" or "disturbing the peace." The bill also amends the definition of "disturbing the peace" to encompass a pattern of behavior that unreasonably destroys the mental or emotional calm of a family or household member. Furthermore, it seeks to prohibit the issuance of ex parte orders enjoining a party from engaging in "course of control" or "disturbing the peace." This means that courts would no longer be able to issue immediate, temporary protection orders against these specific behaviors without a hearing where both parties are present. The intent is to alter the procedural aspects of obtaining certain types of protection orders.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill, if enacted, would be individuals accused of or facing allegations of "course of control" or "disturbing the peace" under the Domestic Abuse Act. By prohibiting ex parte orders for these specific behaviors, the bill would shield these individuals from immediate, temporary injunctions that could restrict their actions before a full hearing. This could include individuals who believe they are wrongly accused of such behaviors or those who wish to contest the initial allegations without immediate court-imposed restrictions.
Who Might Suffer?
The groups most directly and negatively impacted by this bill would be potential victims of domestic abuse who rely on ex parte orders for immediate protection from "course of control" or "disturbing the peace." These orders are designed to offer swift relief and safety in situations where a person's mental or emotional calm is unreasonably threatened by a pattern of controlling behavior. By removing the ability to obtain such orders ex parte, victims in potentially escalating situations might be exposed to continued harm or emotional distress for a longer period before a court can fully adjudicate the matter.