Unless the context otherwise requires, as used in this Article,
the following terms shall mean:
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:
Assault: Purposely or knowingly placing or
attempting to place another in fear of physical harm.
Battery: Purposely or knowingly causing physical
harm to another with or without a deadly weapon.
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.
Harassment: Engaging in a purposeful or knowing
course of conduct involving more than one 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:
Sexual assault: Causing or attempting to cause
another to engage involuntarily in any sexual act by force, threat
of force, or duress.
Unlawful imprisonment: Holding, confining,
detaining or abducting another person against that person's will.
Any person seventeen (17) years of age or older or otherwise
emancipated.
Any person under seventeen (17) years of age unless otherwise
emancipated.
The Circuit or Associate Circuit Judge or a Family Court
Commissioner.
Abuse or stalking, as both terms are defined in this Section.
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.
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.
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.
Either an ex parte order of protection or a full order of
protection.
Exists or for which a hearing date has been set.
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 or Section 455.505, RSMo.
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.
Is 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:
Alarm: To cause fear of danger of physical
harm.
Course of conduct: 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.
Repeated: Two (2) or more incidents evidencing
a continuity of purpose.
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.
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 (12) 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 non-arrest in the preceding twelve (12) 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 or she 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 (1st) aggressor.
The Law Enforcement Officer shall consider any or all of the following
in determining the primary physical aggressor:
F.
No
Law Enforcement Officer investigating an incident of family violence
shall threaten the arrest of all parties for the purpose of discouraging
requests or 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/she should
seek a warrant for an arrest.
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.
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:
B.
A
person commits the violation of domestic victim tampering if, with
a purpose to do so, he or she 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.
A.
Incident
to an arrest for a crime involving domestic or family violence, a
Law Enforcement Officer:
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:
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.
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 (1) 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 non-attendance or non-compliance 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.
