§ 5-26-310 — Costs

(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as provided in subsection (b) of this section. (b) Nothing in this section shall be construed to prohibit a judge from assessing costs if an allegation of abuse is determined to be false. (c) (1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating §§ 5-26-303 - 5-26-305 or §§ 5-26-307 - 5-26-309 may be required to reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq. (2) (A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction. (B) Nothing in this section conflicts with or preempts any order of a judge in a divorce, custody, separate maintenance, or other related action to dissolve a marriage. (d) Nothing in this section conflicts with or preempts a provision of § 16-90-703 .

Legislative History

Acts 1995, No. 401, § 1; 2003, No. 1770, § 1.