[R.O. 2004 § 235.520; Ord. No. 09-09, 3-10-2009]
The City of Weldon Spring has the authority, pursuant to the provisions of Section 455.080 et seq., RSMo., to provide for the arrest and prosecution of domestic violence offenses.
[R.O. 2004 § 235.530; Ord. No. 09-09, 3-10-2009]
When a Deputy or Police Officer has probable cause to believe a person has committed a violation of law amounting to abuse or assault, as defined in Section 455.010, RSMo., against a family or household member, the officer may arrest the offending party whether or not the violation occurred in the presence of the arresting officer. When the officer declines to make an arrest pursuant to this Section, the officer shall make a written report of the incident completely describing the offending person, giving the victim's name, time, address, reason why no arrest was made and any other pertinent information. Any Deputy or Police Officer subsequently called to the same address within a twelve-hour period, who shall find probable cause to believe the same offender has again committed a violation as stated in this Section against the same or any other family or household member, shall arrest the offending party for this subsequent offense. The primary report of non-arrest in the preceding twelve-hour period may be considered as evidence of the defendant's intent in the violation for which arrest occurred. The refusal of the victim to sign an official complaint against the violator shall not prevent an arrest under Sections 210.2270 through 210.2350.
[R.O. 2004 § 235.540; Ord. No. 09-09, 3-10-2009]
When any Deputy or Police Officer has probable cause to believe that a person, against whom a protective order has been entered and who has notice of such order entered, has committed an act of abuse in violation of such order, the officer shall arrest the offending person-respondent whether or not the violation occurred in the presence of the arresting officer. Refusal of the victim to sign an official complaint against the violator shall not prevent an arrest under Sections 210.2270 through 210.2350.
[R.O. 2004 § 235.550; Ord. No. 09-09, 3-10-2009]
A. 
When making an arrest a Police Officer is not required to arrest both parties involved in an assault even if both parties claim to have been assaulted. The arresting officer shall attempt to identify and shall arrest the party believed to be the primary physical aggressor. The term "primary physical aggressor" is defined as the most significant, rather than the first aggressor. The Police Officer shall consider any or all of the following in determining the primary physical aggressor:
1. 
The intent of the law to protect victims of domestic violence from continuing abuse;
2. 
The comparative extent of injuries inflicted or serious threats creating fear of physical injury; and
3. 
The history of domestic violence between the persons involved.
[R.O. 2004 § 235.560; Ord. No. 09-09, 3-10-2009]
When complaints are received from two (2) or more opposing parties, the Police Officer shall evaluate each complaint separately to determine whether to seek a warrant for an arrest.
[R.O. 2004 § 235.570; Ord. No. 09-09, 3-10-2009]
In any arrest when a Deputy or Police Officer acted in good faith reliance on Sections 210.2270 through 210.2310, the arresting and assisting Police Officers, their superiors and the Sheriff's Department shall be immune from liability in any civil action alleging false arrest, false imprisonment or malicious prosecution.
[R.O. 2004 § 235.580; Ord. No. 09-09, 3-10-2009]
The Sheriff's Department shall establish procedures to ensure that dispatchers and Police Officers at the scene of an alleged incident of abuse or violation of an order of protection are informed of any recorded prior incident of abuse involving the abused party and can verify the effective dates and terms of any recorded order of protection.