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Arkansas law allows deadly force against pattern of domestic abuse since 1997

solus

Regular Member
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Aug 22, 2013
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Ah...as quoted from dougie's post...here is what Eugene stated...quote:
9-15-103(3) "Domestic abuse" [includes] … [p]hysical harm, bodily injury, assault [= purposely created apprehension of imminent physical injury, defined to include impairment of physical condition, infliction of substantial pain, or infliction of bruising, swelling, or a visible mark associated with physical trauma], or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members [including people in a dating relationship, as well as persons related by blood within the fourth degree of consanguinity, and persons who presently or in the past have resided or cohabited together] ….

however Arkansas' Family Law statute actually reads a bit differently, quote

Current through all legislation of the 2020 First Extraordinary Session and the 2020 Fiscal Session (through all legislation enacted and approved in 2020)
9-15-103. Definitions.
(3) (A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that shall be 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 (2) individuals involved in the relationship.
(B) “Dating relationship” does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;
Unquote

unfortunately Eugene's poetic license on his statutory quote of AK 9-15-103 paragraph (4) seems a bit bloated from the actual statutory language, quote:

4) “Domestic abuse” means:
(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or
(B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state;
Unquote

Cite: https://advance.lexis.com/documentp...kkk&prid=300ae94f-1c55-43c4-9e74-c702f07562b0

Additionally, the infamous Mr Volokh, failed to state in his "I recently came across this, and thought it was worth noting." 'Generally speaking' lead in nonsense was from.

[sidebar been a really long time since i have seen/read in researched state/federal statutes the term 'generally speaking' as most state/federal legislatures was a smidge of consistent delineation to avoid future judicial conflict !]

yes dougie i do have the audacity to challenge the veracity of your hero's latest extremely misleading work!
 
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