[Ord. No. 2000, § 2, 4-7-2005]
This Article is to be construed to promote:
(1) The protection and safety of all victims of domestic or family violence
in a fair, prompt, and effective manner;
(2) The prevention of future violence in all families; and
[Ord. No. 2000, § 2, 4-7-2005]
Unless the context otherwise requires, as used in this Article,
the following terms shall mean:
ABUSE
When used in regard to acts of domestic violence between
adults, includes but is not limited to the occurrence of any of the
following acts, attempts, or threats against a person who may be protected
under a valid protective order issued by the State of Missouri or
any other state within the United States:
(1)
ASSAULTPurposely or knowingly placing or attempting to place another in fear of physical harm.
(2)
BATTERYPurposely or knowingly causing physical harm to another with or without a deadly weapon.
(3)
COERCIONCompelling 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)
HARASSMENTEngaging in a purposeful or knowingly course of conduct involving more than one (1) incident that alarms or causes distress to another person and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner. 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 ASSAULTCausing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress.
ABUSE
When used in regard to acts of domestic violence against
a child, means any physical injury, sexual abuse, or emotional abuse
inflicted on a child other than by accidental means by an adult household
member, or stalking of a child. Discipline, including spanking, administered
in a reasonable manner shall not be construed to be abuse.
ADULT
Any person eighteen (18) years of age or older or otherwise
emancipated.
ADULT HOUSEHOLD MEMBER
Any person eighteen years of age or older, or an emancipated
child, who resides with a child in the same dwelling unit.
CHILD
Any person under eighteen years of age.
COURT
The circuit or associate circuit judge or a family court
commissioner.
DOMESTIC OR FAMILY VIOLENCE
Occurs when a family or household member commits one or more
of the following against another family or household member: assault;
theft, destruction, damage or vandalism of property; peace disturbance;
trespass; domestic stalking, as defined in this Article; domestic
harassment, as defined in this Article; domestic tampering, as defined
in this Article, or violation of an order of protection; provided,
however, that acts of self-defense are not included.
EX PARTE ORDER OF PROTECTION
An order of protection issued by a court before the respondent
has received notice of the petition or an opportunity to be heard
on it.
FAMILY OR HOUSEHOLD MEMBERS
Include:
(1)
Persons who are current or former spouses;
(2)
Persons who live together or who have lived together;
(3)
Persons who are dating or who have dated;
(4)
Persons who are or have been in a continuing social relationship
of a romantic nature or who are engaged in or who have engaged in
a sexual relationship;
(5)
Persons who are related by blood or adoption;
(6)
Persons who are related or formerly related by marriage;
(7)
Persons who have a child in common.
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 or a person who has been the
victim of domestic violence who has filed a verified petition under
the provisions of Chapter 455, RSMo.
RESPONDENT
The family or household member or person alleged to have
committed an act of domestic violence, against whom a verified petition
has been filed under the provisions of Chapter 455, RSMo.
STALKING
When an adult purposely and repeatedly engages in an unwanted
course of conduct with regard to a child that causes another adult
to believe that a child would suffer alarm by the conduct, or when
an adult purposely and repeatedly engages in an unwanted course of
conduct that causes another alarm to another person when it is reasonable
in that person's situation to have been alarmed by the conduct. As
used in this subdivision:
(1)
COURSE OF CONDUCTA 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.
(2)
REPEATEDTwo (2) or more incidents evidencing a continuity of purpose.
(3)
ALARMTo cause fear of danger of physical harm.
[Ord. No. 2000, § 2, 4-7-2005]
(a) Violation of the terms and conditions of an ex parte order of protection
of which the respondent has notice, with regard to abuse, stalking,
child custody, communication initiated by the respondent or entrance
upon the premises of the petitioner's dwelling unit, is hereby prohibited.
(b) Violation of the terms and conditions of a full order of protection,
with regard to abuse, stalking, child custody, communication initiated
by the respondent or entrance upon the premises of the petitioner's
dwelling unit, is hereby prohibited.
(c) Violation of the terms and conditions of an ex parte order of protection
of which the respondent has notice for a child, with regard to abuse,
child custody, or entrance upon the premises of the victim's dwelling
unit, is hereby prohibited.
(d) Violation of the terms and conditions of a full order of protection
for a child, regarding abuse, child custody or entrance upon the premises
of the petitioner's dwelling unit, is hereby prohibited.
[Ord. No. 2000, § 2, 4-7-2005]
(a) When a law enforcement officer has probable cause to believe a party
has committed a violation of law amounting to an offense involving
domestic violence 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.
(b) When an officer declines to make arrest pursuant to this section,
the officer shall make a written report of the incident completely
describing the offending party, giving the victim's name, time, address,
reason why no arrest was made and any other pertinent information.
(c) Any law enforcement 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 of law amounting
to an offense involving domestic violence against a family or household
member against the same or any other family or household member, shall
arrest the offending party for this subsequent offense. The primary
report of nonarrest 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 this subsection.
(d) When a law enforcement officer has probable cause to believe that
a party, against whom an order of protection has been entered and
who has notice of such order being entered, has committed an act of
abuse in violation of such order, the officer shall arrest the offending
party 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 this
subsection.
(e) When an officer makes an arrest, he is not required to arrest two
(2) parties involved in an assault when both parties claim to have
been assaulted. The arresting officer shall attempt to identify and
shall arrest the party he or she believes is the primary physical
aggressor. The term "primary physical aggressor" is defined as the
most significant, rather than the first, aggressor. The law enforcement
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 or harm;
(3)
The history of domestic violence between the persons involved.
(f) No law enforcement officer investigating an incident of domestic
violence shall threaten the arrest of all parties for the purpose
of discouraging requests of law enforcement intervention by any party.
Where complaints are received from two (2) or more opposing parties,
the officer shall evaluate each complaint separately to determine
whether he or she should apply for issuance of charges. No law enforcement
officer shall base the decision to arrest or not to arrest on the
specific request or consent of the victim or the officer's perception
of the willingness of a victim or of a witness to the domestic or
family violence to testify or otherwise participate in a judicial
proceeding.
(g) In an arrest in which a law enforcement officer acted in good faith
reliance on this section, the arresting and assisting law enforcement
officers and their employing entities and superiors shall be immune
from liability in any civil action alleging false arrest, false imprisonment
or malicious prosecution.
(h) When a person against whom an order of protection has been entered
fails to surrender custody of minor children to the person to whom
custody was awarded in an order of protection, the law enforcement
officer shall arrest the respondent, and shall turn the minor children
over to the care and custody of the party to whom such care and custody
was awarded.
(i) The same procedures, including those designed to protect constitutional
rights, shall be applied to the respondent as those applied to any
individual detained in police custody.
(j) Good faith attempts to effect a reconciliation of a marriage shall
not be deemed tampering with a witness or victim tampering.
(k) Nothing in this section shall be interpreted as creating a private
cause of action for damages to enforce the provisions set forth herein.
[Ord. No. 2000, § 2, 4-7-2005]
No person shall, for the purpose of frightening or disturbing
another family or household member:
(a) Communicate in writing or by telephone a threat to commit any felony
or act of violence; or
(b) Make a telephone call or communicate in writing and use coarse language
offensive to one of average sensibility; or
(c) Make a telephone call anonymously; or
(d) Make repeated telephone calls to the same person or telephone number.
[Ord. No. 2000, § 2, 4-7-2005]
(a) As used in this section, the following terms shall mean:
COURSE OF CONDUCT
A pattern of conduct composed of a series of acts, which
may include electronic or other communications, over a period of time,
however short, evidencing a continuity of purpose. Constitutionally
protected activity is not included within the meaning of "course of
conduct." Such constitutionally protected activity includes picketing
or other organized protests.
CREDIBLE THREAT
A threat made with the intent to cause the person who is
the target of the threat to reasonably fear for his or her safety.
The threat must be against the life of, or a threat to cause physical
injury to, a person and may include a threat communicated to the targeted
person in writing, including electronic communications, by telephone,
or by posting of a site or message that is accessible via computer.
HARASSES
To engage in a course of conduct directed at a specific person
that serves no legitimate purpose, that would cause a reasonable person
to suffer substantial emotional distress, and that actually causes
substantial emotional distress to that person.
(b) Any person who purposely and repeatedly harasses or follows with
the intent of harassing another family or household member commits
the violation of stalking, which is hereby prohibited.
(c) Any person who purposely and repeatedly harasses or follows with
the intent of harassing another family or household member or harasses
another family or household member, and makes a credible threat with
the intent to place that person in reasonable fear of death or serious
physical injury commits the violation of aggravated stalking, which
is hereby prohibited.
[Ord. No. 2000, § 2, 4-7-2005]
(a) A person commits the offense of domestic witness tampering if, with
a purpose to induce a witness who is a family or household member
or a prospective witness who is a family or household member in an
official proceeding to disobey a subpoena or other legal process,
or to absent himself or avoid subpoena or other legal process, or
to withhold evidence, information or documents, or to testify falsely,
he:
(1)
Threatens or causes harm to any person or property; or
(2)
Uses force, threats or deception; or
(3)
Offers, confers or agrees to confer any benefit, direct or indirect,
upon such witness; or
(4)
Conveys any of the foregoing to another in furtherance of a
conspiracy.
(b) A person commits the violation of domestic victim tampering if, with
a purpose to do so, he prevents or dissuades or attempts to prevent
or dissuade any person who is a family or household member who has
been a victim of any ordinance violation or a person who is acting
on behalf of any such victim from:
(1)
Making any report of such victimization to any peace officer,
or state, local or federal law enforcement officer or prosecuting
agency or to any judge;
(2)
Causing a complaint, indictment or information to be sought
and prosecuted or assisting in the prosecution thereof;
(3)
Arresting or causing or seeking the arrest of any person in
connection with such victimization.
[Ord. No. 2000, § 2, 4-7-2005]
Incident to an arrest for a crime involving domestic or family
violence, a law enforcement officer:
(a) May seize all weapons that are alleged to have been involved or threatened
to be used in the commission of a crime.
(b) May seize a weapon that is in plain view of the officer or was discovered
pursuant to a consensual search, as necessary for the protection of
the officer or other persons.
[Ord. No. 2000, § 2, 4-7-2005]
(a) Except as otherwise provided in subsection
(b) below, a victim of domestic or family violence may refuse to disclose, and may prevent an advocate from disclosing, confidential oral communication between the victim and the advocate and written records and reports concerning the victim if the privilege is claimed by:
(2)
The person who was the advocate at the time of the confidential
communication, except that the advocate may not claim the privilege
if there is no victim in existence or if the privilege has been waived
by the victim.
(b) The privilege does not relieve a person from any duty imposed pursuant
to state laws regarding reporting child abuse or neglect. A person
may not claim the privilege when providing evidence in proceedings
concerning child abuse or neglect pursuant to state law.
(c) As used in this section, "advocate" means an employee of or volunteer
for a program for victims of domestic or family violence who:
(1)
Has a primary function of rendering advice, counseling, or assistance
to victims of domestic or family violence; supervising the employees
or volunteers of the program; or administering the program;
(2)
Works under the direction of a supervisor of the program, supervises
employees or volunteers, or administers the program.
[Ord. No. 2000, § 2, 4-7-2005]
(a) Before placing a perpetrator who is convicted of an offense involving
domestic or family violence on probation, the court shall consider
the safety and protection of the victim of domestic or family violence
and any member of the victim's family or household.
(b) The court may condition the suspension of sentence or granting of
probation to a perpetrator on compliance with one or more orders of
the court, including but not limited to:
(1)
Enjoining the perpetrator from threatening to commit or committing
acts of domestic or family violence against the victim or other family
or household member.
(2)
Prohibiting the perpetrator from harassing, annoying, telephoning,
contacting, or otherwise communicating with the victim, directly or
indirectly.
(3)
Requiring the perpetrator to stay away from the residence, school,
place of employment, or a specified place frequented regularly by
the victim and any designated family or household member.
(4)
Prohibiting the perpetrator from possessing or consuming alcohol
or controlled substances.
(5)
Prohibiting the perpetrator from using or possessing a firearm
or other specified weapon.
(6)
Directing the perpetrator to surrender any weapons owned or
possessed by the perpetrator.
(7)
Directing the perpetrator to participate in and complete, to
the satisfaction of the court, a program of intervention for perpetrators,
treatment for alcohol or substance abuse, or psychiatric or psychological
treatment; and/or an evaluation for such intervention or treatment.
(8)
Directing the perpetrator to pay restitution to the victim.
(9)
Imposing any other condition necessary to protect the victim
of domestic or family violence and any other designated family or
household member or to rehabilitate the perpetrator.
(c) The perpetrator shall be responsible for the costs related to fulfilling
any condition of probation, and such costs may be taxed as additional
court costs.
(d) The court may establish policies and procedures for responding to reports of nonattendance or noncompliance by a perpetrator with the conditions of probation imposed pursuant to subsection
(b), including requiring compliance reviews and any violations may serve as a basis for revoking probation.