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INTRODUCTION
This report
provides statistical information for intimate domestic violence
incidents that occurred in Springdale, Arkansas during the year 2006.
One of the primary purposes of this report is to educate the public
about the problem of domestic violence, and to emphasize that domestic
violence is a crime against the people of the State of Arkansas.
Domestic violence is a problem throughout America, and October has been
proclaimed as National Domestic Violence Awareness Month.
For purposes of this report,
the term “domestic” means a family or household member, as defined by
Arkansas law. In the 2005 Arkansas General Assembly, the definition of
“family” or “household member” was expanded to include dating
relationships. “Dating relationship” is defined under the 2005 law as a
romantic or intimate social relationship between two individuals that is
determined by examining the following factors:
i)
the length of the relationship;
ii)
the type of the relationship; and
iii)
the frequency of interaction between the
two individuals involved in the relationship.
“Dating relationship” does not include a
casual relationship or ordinary fraternization between two individuals
in a business or social context.
In this report, domestic
relationships are broken down into two different type relationships,
“intimate” and “non-intimate.” The term “intimate” means the parties
are spouses, ex-spouses, live together or have lived together in a
sexual relationship, have had a child together, or are in a dating
relationship, as defined in the previous paragraph. The term
“non-intimate” for purposes of this report means the parties are related
family members or live or have lived together in the same household, but
not in an intimate relationship. The non-intimate relationships usually
involve such family members as brothers, sisters, parents or children,
or roommates who are not intimates.
For purposes of this report, the term
“violence” means the crimes of homicide, felony battery, misdemeanor
battery, aggravated assault (felony), misdemeanor assault, or
terroristic threatening, as such crimes are defined under Arkansas law.
The specific crimes mentioned in this report are set out in the
glossary, contained at the end of this report.
At one time, domestic violence, and in particular intimate
domestic violence, was considered to be a private family matter.
However, states throughout America gradually realized this was an
antiquated approach, and started changing their laws. In 1991, the
Arkansas General Assembly passed the Arkansas Domestic Abuse Act. The
law changed how law enforcement and prosecutorial authorities deal with
domestic abuse. Under the Arkansas Domestic Abuse Act, if a law
enforcement officer responds to a report of domestic abuse, and has
probable cause to believe an offender of domestic abuse has violated
Arkansas criminal laws, then an arrest is the preferred action. Prior
to the change in the law, Arkansas law enforcement
officers were not allowed to make a misdemeanor arrest in domestic abuse
situations unless the offense occurred in their presence, and such
situations were rare. The Arkansas Domestic Abuse Act has had a
positive impact on the fight against domestic violence.
Jeff C. Harper
City Attorney
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