Succeeding as a nurse is a lot of hard work. Deciding to aim for a nursing license is a big commitment, and the journey isn't always easy. Later, when you obtain your license, mistakes on the job are always a potential risk to your career. Even after you've built a reputation for compassion and professionalism, things can go wrong, notably accusations of domestic violence and battering.
A single domestic violence accusation—or the issuance of an order of protection against you—can threaten everything you've earned. The Arkansas State Board of Nursing (ASBN) exists to protect the public, not the nurse. If they believe that outside domestic violence concerns call your fitness to practice into question, you could face license restrictions, suspension, or even revocation based solely on allegations and flimsy evidence.
Criminal defense attorneys do not have experience protecting nurses during internal disciplinary hearings and negotiations. The Lento Law Firm focuses on license defense and can immediately spring into action when your license and career are at risk.
Seek legal support for your nursing license concerns before it's too late. If you don't treat the situation with the seriousness it deserves, your ability to work as a nurse in Arkansas might be impacted forever. Call our Professional License Defense Team today at 888.535.3686 or contact us online to start protecting your license and your future in nursing.
What Counts as Domestic Violence in Arkansas?
Arkansas law refers to domestic violence as "domestic battering," with three levels of classification based on severity:
- First Degree: Involves intentionally causing serious physical injury to a family or household member and demonstrating extreme indifference to the value of human life. This charge also applies if the victim is a young child, elderly, or if the defendant has prior convictions for domestic battering.
- Second Degree: Occurs when someone intentionally or recklessly causes serious physical injury or causes injury using a deadly weapon against a family or household member. Unlike first-degree battering, second-degree charges do not require circumstances showing extreme indifference to human life.
- Third Degree: Covers incidents where someone intentionally or recklessly causes physical injury (but not serious injury) to a family or household member. This category generally applies to less severe injuries.
Arkansas defines "family or household members" as current or former spouses, parents, children, cohabitants, parents sharing a child, or individuals involved in dating relationships.
Protective Orders in Arkansas
In Arkansas, protective orders—formally known as "Orders of Protection"—are civil court orders designed to prevent further domestic abuse and battering, defined in the state's Domestic Abuse Act. When a person files for an Order of Protection, the court can issue a temporary protective order without initially hearing from the accused, provided the court believes immediate danger exists. This temporary order remains active pending a later formal hearing.
After the hearing, judges can issue a final Order of Protection lasting up to five years, potentially resulting in serious criminal consequences if the respondent violates the order. Protective orders generally prohibit any contact between the respondent and the petitioner, as well as any restrictions the judge requires to protect the petitioner's safety.
Why Domestic Violence Allegations and Protective Orders Matter for Your License
If you're a nurse in Arkansas facing domestic violence allegations or a protective order, there are potential criminal risks and restrictions in your future. However, the truth is that your professional license may also be at risk, further complicating your ability to return to normal after the ordeal. The Arkansas Board of Nursing can take action against you even if the incident happened off duty and you haven't been convicted of anything.
The Board's mandate is to protect the public and regulate nursing in the state, so it has broad power to suspend, restrict, or revoke your license whenever your conduct suggests you might be a danger to others. In practical terms, this means that even a mere accusation or temporary protective order can lead to increased Board scrutiny that impacts your license. There are many ways that the Board may learn of allegations or protective orders, including:
- Self-Reporting Requirements: The Arkansas Board of Nursing requires nurses to self-report certain legal issues. For example, if you are convicted of a felony or certain serious misdemeanors, including domestic battering, you must promptly notify the Board to let them decide on appropriate action. Failing to report a qualifying conviction is not a good idea, as the Board considers it unprofessional conduct that warrants further discipline. Additionally, every nursing license application or renewal requires you to disclose any past criminal convictions or charges. Remember, self-reporting requirements typically only apply to convictions, not arrests or charges. However, you still may have to disclose certain information during license applications or disciplinary investigations.
- Complaints: Anyone can file a complaint with the ASBN—employers, coworkers, patients, or even a concerned citizen. If your employer becomes aware of a domestic violence incident (for example, via an arrest that affects the workplace), they may report it to the Board. Once a complaint is filed, the Board can investigate. Charges that do not result in a conviction are still risky since the Board can discipline you under a lower "preponderance of the evidence" standard.
- Court Records and Public Information: Most court proceedings in Arkansas, including domestic violence cases and orders of protection, are public records. The Board doesn't have to wait for a formal report to hear about your situation; ASBN staff can easily discover arrests or protective orders by checking court databases or even internet search results. Board rules allow action based on any reliable source of information, so a police report or news article can prompt an inquiry.
- Background Checks: Every Arkansas nursing licensee must undergo state and federal criminal background checks. If a background check indicates a domestic violence incident, the Board will likely pause your licensure (or renewal) and demand further information. You might have to provide court documents or personal explanations, and you won't be allowed to practice until the Board is satisfied that you're safe to continue working as a nurse. The Lento Law Firm can assist you during applications and renewals to make sure you provide relevant information without oversharing and hurting your case.
Domestic violence-related issues put your nursing license in immediate jeopardy. The Arkansas Board has many avenues to learn about your case, and you need to prepare if you fear your license may be at risk. Call the Lento Law Firm today to decide your next steps and learn how our attorneys can prevent disruption to your professional career in Arkansas.
The Arkansas Board's Authority for Disciplinary Action
It might not seem fair that the ASBN can investigate and sanction you for something that didn't result in a criminal conviction or court order. However, Arkansas law provides the Board with the authority to sanction a nurse's license for many reasons, such as:
- Being guilty of a crime or an act of "gross immorality."
- Engaging in unprofessional conduct.
- Being unfit or incompetent due to habits or behavior.
So, while a conviction can directly result in sanctions, they are not the only path. Many of these categories are broad by design, and the Board doesn't need to wait for a criminal conviction to act.
If the ASBN decides to discipline you, possible outcomes include:
- Letter of Reprimand: A formal public warning documented in your license record, visible to anyone who checks your licensing status.
- Probation: You keep your license under the condition that you comply with strict conditions or limitations.
- Suspension: A temporary license suspension if the Board believes allowing you to continue to practice would pose an imminent risk to public safety.
- Revocation: A permanent revocation of your license that ends your ability to practice as a nurse in Arkansas.
Revocations and suspensions of your nursing license are massive sanctions, but even minor penalties like a reprimand can hinder your professional reputation and reduce job opportunities. Never go into meetings or negotiations with Board members without fully understanding the risks and long-term consequences. All Board sanctions are public records, meaning employers, coworkers, and even patients can find out that you faced discipline.
Plus, you must remember that the Board can still take action even if a criminal court acquits you of accusations or a judge denies an Order of Protection petition against you. Every domestic violence or protective order issue must be treated as a serious threat to your license, not just a personal matter.
The Lento Law Firm is the best choice for defending your nursing license in Arkansas. Our Professional License Defense Team has direct experience negotiating with the ASBN and can help secure the best outcome if the Board scrutinizes your behavior. When your career is at stake, don't leave anything to chance.
Why You Need a License Defense Attorney—Not Just a Criminal Lawyer
There is no denying that domestic violence allegations or a looming protective order are serious matters. You might already have a criminal defense attorney for the court case, with much of your time and effort focused on protecting your freedoms. That representation is essential, but it's not enough to protect your nursing license.
A criminal lawyer's primary job is to avoid convictions or criminal penalties. Yet, the Nursing Board can take action against your license based on the same allegations (or even just the existence of a protective order), regardless of the criminal case's outcome. ASBN disciplinary processes are entirely separate and require a different strategy that most criminal attorneys cannot provide.
The Lento Law Firm Professional License Defense Team focuses on protecting nurses during administrative proceedings that threaten to take away their careers. We understand the ASBN's procedures and priorities and specifically know how to respond when the Board raises concerns about public safety and professional conduct. Our attorneys will:
- Respond to Board inquiries or investigations in a way that safeguards your rights and prevents self-incrimination.
- Advise you on self-reporting obligations for any arrests or charges to keep you compliant without unnecessarily jeopardizing your license.
- Challenge or negotiate Board sanctions to reduce penalties or avoid them entirely.
- Represent you in hearings before the Board and build a strong case to defend your license.
Your nursing license is your livelihood and the culmination of years of hard work. Protecting it requires a team of experienced Professional License Defense attorneys who understand the stakes and are prepared to fight for your future.
Are There Any Arkansas Programs to Avoid License Action?
In some situations, nurses can avoid punishment by participating in voluntary, non-disciplinary Board programs. Unfortunately, the Board's only diversion program is strictly for substance abuse issues and does not apply to domestic violence cases.
The lack of an alternative-to-discipline program doesn't mean you lack options. The Arkansas Board has the power to discipline nurses as they see fit, and a strong defense can result in a favorable consent agreement. Our Professional License Defense Team has helped many Arkansas nurses overcome their disciplinary concerns and continue their careers on solid ground. You need support from attorneys who fully understand the Arkansas Board's processes, and the Lento Law Firm is here to help.
Protect Your Arkansas Nursing License Today
Domestic violence allegations and protective orders are serious matters, even if you don't include the professional risk for nurses. After years of hard work, you shouldn't allow one mistake or allegation to forever impact your license, career, and future.
It's extremely important to work with experienced license defense attorneys whenever domestic violence accusations arise, even if the criminal charges are dropped or you never have to appear in court. Once the Nursing Board becomes aware of an incident, an investigation (and potential disciplinary action) can move forward quickly.
The Lento Law Firm Professional License Defense Team has extensive experience helping nurses nationwide, including in Arkansas, from all types of threats to their licenses. We understand how the Board operates and how to respond effectively to keep yourself in their good graces. Call today at 888.535.3686 or fill out our contact form to get started.
