Question:  I am a victim of domestic abuse.  How do I get a protection order, and what is the difference between a protection order and a restraining order?

Answer:  An Order of Protection may be sought in the Washington County Circuit Court or the Benton County Circuit Court, depending on which county in which the incident occurred.  A citizen may use their private attorney to obtain an Order of Protection or may contact the Victim Advocate of the Washington County Prosecutor's office (if the incident occurred in Washington County)  at 444-1570.  If you need further information or assistance about obtaining an Order of Protection, you can also contact the City Attorney's Office at 750-8173

A restraining order is different than an Order of Protection.  Restraining orders are usually issued only in divorce cases.  Violations of  restraining orders are enforced by the issuing court rather than through criminal prosecution in District Court.  However, a violation of an Order of Protection is a Class A misdemeanor in the State of Arkansas, and therefore, if an Order of Protection has been issued and served on a person who subsequently violates terms of the order, the police are allowed under Arkansas law to arrest that person if they have probable cause.

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Question:  I got a traffic ticket.  Can I keep it off my driving record?

Answer:  Under certain circumstances, the City Attorney's Office will allow persons who receive traffic tickets (i.e., speeding, disobeying stop sign, careless driving, disobeyed traffic signal) to keep the ticket off their record.  If a person desires to keep a traffic offense off their record, the person can call the City Attorney's Office at (479) 750-8173 before their arraignment date, and see if the ticket has been booked into the City's computer system.  If the ticket has been booked, the person can come in before arraignment and try to settle the ticket with an attorney within the office, or the person can plead not guilty at their arraignment date and try to settle the ticket with an attorney within the office before their trial date.  Persons are not allowed under Arkansas law to keep such offenses as DWI off their record, and under no circumstances will the City Attorney's Office take any action which is not allowed by Arkansas law.

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Question:  I have a neighbor who has unlicensed or inoperative vehicles on his property, and he will not cut his grass.  What can I do?

Answer:  Complaints on unsanitary and unsightly conditions, or complaints about inoperative or unlicensed vehicles should be made directly to Code Enforcement, phone number (479) 750-8154 or (479) 756-7700.

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Question:  Can I drop charges in a case for which I was the victim?

Answer:  The prosecutor needs to know about the request, but whether or not the charges will be dropped is within the prosecutor's discretion.  As already noted on this website, the City Attorney's Office has a no-drop policy on domestic abuse cases, but we always want to know the wishes and needs of the victim.

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Question:  I am a victim of a crime and I want to know how I can find out information about the case?

Answer:  If you call the City Attorney's Office at (479) 750-8173, and give a description of the crime involved, including the approximate date of the incident, the City Attorney's Office will find out the status of your case for you.

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Question:  I am a landlord in Springdale and I have rented property to a tenant who has not paid me rent pursuant to our agreement, and I cannot get them to move out.  What can I do?

Answer:  There are two ways you can proceed, one of which is through the criminal process.  Under Ark. Code Ann. § 18-16-101, it is a violation of Arkansas law for a tenant to fail to pay rent as agreed, and then fail to vacate ten days after receiving written notice to do so.  The City Attorney's Office has a packet for landlords, which contains a copy of Arkansas law, as well as sample copy of an eviction notice pursuant to Ark. Code Ann. § 18-16-101.  Violations of this law are punishable only by a fine of $25 (each day can constitute a separate violation).

The second way to proceed is to file a civil ejectment action.  It is recommended you contact a private attorney to discuss this process.  It is also recommended you contact a private attorney to discuss any other questions in regard to your rights against your tenant, except the criminal procedure set out specifically herein, in which the City Attorney's Office can be of assistance to you.

For further questions about the criminal process you may contact Cindy Trimble at (479) 750-8579.  You may also pick up a landlord packet (also available in Adobe Acrobat format by clicking on "landlord packet") from the City Attorney's Office at 201 Spring Street, Room 175. 

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Question:  I am a tenant behind in rent payment.  My landlord came in and took all my property and will not give it back.  What can I do?

Answer:  It is recommended you first contact the Springdale Police Department, if you feel a crime has been committed, and file a police report.  If it turns out to be a civil action, then it is recommended you contact your own attorney.  If it is determined the matter is a criminal matter, the City Attorney's Office will take appropriate action.  If you should have any questions, contact (479) 750-8173.