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.
Summary
HB1431 amends Arkansas’s Domestic Abuse Act of 1991 by revising the statutory definitions of “domestic abuse,” “disturbing the peace,” and the related concept of “course of control.” The bill adds a new definition of domestic abuse that expressly includes a pattern of behavior defined as course of control or disturbing the peace, and it clarifies that disturbing the peace is a pattern of behavior that unreasonably destroys the mental or emotional calm of a family or household member based on the totality of the circumstances.
The bill also changes the procedure for protective orders by addressing ex parte relief. As drafted, it would allow a court to enter an ex parte order enjoining a party from engaging in course of control or disturbing the peace, including through specified acts. In practical terms, the measure appears aimed at strengthening and clarifying the legal tools available in domestic violence cases involving coercive or controlling behavior, not just physical abuse.
Impact
HB1431 would modify Arkansas Code §§ 9-15-103 and 9-15-219, which govern definitions and remedies under the Domestic Abuse Act of 1991. The bill broadens the statutory framework for domestic abuse to more clearly encompass coercive control and emotional abuse patterns, and it would affect how courts evaluate and issue protective orders in family or household member cases. The primary parties affected would be petitioners seeking protection, respondents subject to orders, and courts applying the Domestic Abuse Act.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text alone, the measure appears to reflect a policy interest in expanding recognition of nonphysical domestic abuse and improving protective-order remedies. The overall tone of the legislation is protective and remedial, focused on clarifying abuse definitions and court authority.
Contention
The main potential point of contention is the expansion of domestic abuse concepts to include course of control and disturbing the peace, which may raise concerns about breadth, evidentiary standards, and judicial discretion in ex parte proceedings. Supporters would likely view the bill as necessary to address coercive control and emotional abuse, while critics may worry that the definitions could be applied too broadly or that ex parte orders could be issued without sufficient due process protections. No specific individuals or groups were identified in the provided materials as taking these positions.