Definitions. As used in this Section, unless the context clearly indicates otherwise:
ABUSE
Includes, but is not limited to, the occurrence of any of
the following acts, attempts or threats against a person who may be
protected pursuant to Chapter 455, RSMo., except abuse shall not include
abuse inflicted on a child by accidental means by an adult household
member or discipline of a child, including spanking, in a reasonable
manner:
1.
Assault. Purposely or knowingly placing or
attempting to place another in fear of physical harm.
2.
Battery. Purposely or knowingly causing physical
harm to another with or without a deadly weapon.
3.
Coercion. Compelling another by force or threat
of force to engage in conduct from which the latter has a right to
abstain or to abstain from conduct in which the person has a right
to engage.
4.
Harassment. Engaging in a purposeful or knowing
course of conduct involving more than one (1) incident that alarms
or causes distress to an adult or child and serves no legitimate purpose.
The course of conduct must be such as would cause a reasonable adult
or child to suffer substantial emotional distress and must actually
cause substantial emotional distress to the petitioner or child. Such
conduct might include, but is not limited to:
a.
Following another about in a public place or places;
b.
Peering in the window or lingering outside the residence of
another; but does not include constitutionally protected activity.
5.
Sexual assault. Causing or attempting to cause
another to engage involuntarily in any sexual act by force, threat
of force, or duress.
6.
Unlawful imprisonment. Holding, confining,
detaining or abducting another person against that person's will.
ADULT
Any person eighteen (18) years of age or older or otherwise
emancipated.
COURT
The Circuit Court or Associate Circuit Court of the State
of Missouri.
EX PARTE ORDER OF PROTECTION
An order of protection issued by the court before the respondent
has received notice of the petition or an opportunity to be heard
on it.
FAMILY OR HOUSEHOLD MEMBER
Spouses, former spouses, any person related by blood or marriage,
persons who are presently residing together or have resided together
in the past, any person who is or has been in a continuing social
relationship of a romantic or intimate nature with the victim, and
anyone who has a child in common regardless of whether they have been
married or have resided together at any time.
FULL ORDER OF PROTECTION
An order of protection issued after a hearing on the record
where the respondent has received notice of the proceedings and has
had an opportunity to be heard.
PETITIONER
A family or household member who has been a victim of domestic
violence, or any person who has been the victim of stalking, or a
person filing on behalf of a child pursuant to Section 455.503, RSMo.,
who has filed a verified petition pursuant to the provisions of Section
455.020, RSMo., or Section 455.505, RSMo.
RESPONDENT
The family or household member alleged to have committed
an act of domestic violence, or person alleged to have committed an
act of stalking, against whom a verified petition has been filed or
a person served on behalf of a child pursuant to Section 455.503,
RSMo.
STALKING
When any person purposely and repeatedly engages in an unwanted
course of conduct that causes alarm to another person when it is reasonable
in that person's situation to have been alarmed by the conduct. As
used in this Section:
1.
"Alarm" means to cause fear of danger of physical
harm;
2.
"Course of conduct" means a pattern of conduct
composed of repeated acts over a period of time, however short, that
serves no legitimate purpose. Such conduct may include, but is not
limited to, following the other person or unwanted communication or
unwanted contact;
3.
"Repeated" means two (2) or more incidents
evidencing a continuity of purpose.