[R.O. 1985 § 16-101; Ord. No. 4744, § 1 (Exh. A), 4-25-2017]
(a)
Unless the context otherwise requires, as used in this Act the following terms shall mean:
(1)
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:
a.
Assault. Purposely or knowingly placing or attempting to place another in fear of physical harm.
b.
Battery. Purposely or knowingly causing physical harm to another with or without a deadly weapon.
c.
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.
d.
Harassment. Engaging 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 person. Such conduct might include, but is not limited to:
e.
Sexual assault. Causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress.
f.
Unlawful imprisonment. Holding, confining, detaining or abducting another person against that person's will.
(2)
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.
(3)
Adult. Any person seventeen (17) years of age or older or otherwise emancipated.
(4)
Adult household member. Any person seventeen (17) years of age or older, or an emancipated child, who resides with a child in the same dwelling unit.
(5)
Child. Any person under seventeen (17) years of age.
(6)
Court. The circuit or associate circuit judge or a family court commissioner.
(7)
Domestic violence occurs when a family or household member commits one (1) or more of the following against another family or household member: assault; stealing; injury to property; peace disturbance; trespass; domestic stalking, as defined in this Act; domestic harassment, as defined in this Act; domestic tampering, as defined in this Act, or violation of an order of protection; provided, however, that acts of self-defense are not included.
(8)
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.
(9)
Family or household members. 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.
(10)
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.
(11)
Order of protection. Either an ex parte order of protection or a full order of protection.
(12)
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 Ch. 455, RSMo.
(13)
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 Ch. 455, RSMo.
(14)
Stalking. When any person purposely engages in an unwanted course of conduct that causes alarm to another person, or a person who resides together in the same household with the person seeking the order of protection when it is reasonable in that person's situation to have been alarmed by the conduct. As used in this Section:
a.
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;
b.
Alarm means to cause fear of danger of physical harm.
[R.O. 1985 § 16-102; Ord. No. 4744, § 1 (Exh. A), 4-25-2017]
(a)
Violation of the terms and conditions of an ex parte order of protection of which the respondent has notice, with regard to domestic violence, stalking, sexual assault, child custody, communication initiated by the respondent or entrance upon the premises of the petitioner's dwelling unit or place of employment or school, is hereby prohibited.
(b)
Violation of the terms and conditions of a full order of protection, with regard to domestic violence, stalking, sexual assault, child custody, communication initiated by the respondent or entrance upon the premises of the petitioner's dwelling unit or place of employment or school, is hereby prohibited.
[R.O. 1985 § 16-103; Ord. No. 4744, § 1 (Exh. A), 4-25-2017]
(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 an 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 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 this Section.
(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 Section.
(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, 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 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 the City 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 a 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 as defined in Section 16-106 of the Code.
(k)
Nothing in this Section shall be interpreted as creating a private cause of action for damages to enforce the provisions set forth herein.
[R.O. 1985 § 16-104; Ord. No. 4744, § 1 (Exh. A), 4-25-2017]
A person commits the offense of domestic harassment if he/she, without good cause, engages in any act with the purpose to cause emotional distress to another domestic victim, as defined in Section 565.002, RSMo.
[R.O. 1985 § 16-105; Ord. No. 4744, § 1 (Exh. A), 4-25-2017]
(a)
A person commits the offense of domestic stalking if he or she purposely, through his or her course of conduct, disturbs, or follows with the intent to disturb another domestic victim, as defined in Section 565.002, RSMo.
(b)
This Section shall not apply to activities of Federal, State, county, or municipal Law Enforcement Officers conducting investigations of any violation of Federal, State, county, or municipal law.
(c)
Any Law Enforcement Officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this Section.
[R.O. 1985 § 16-106; Ord. No. 4744, § 1 (Exh. A), 4-25-2017]
(a)
A person commits the offense of domestic witness tampering if, with a purpose to induce a witness who is a domestic victim, as defined in Section 565.002, RSMo., or a prospective witness who is a domestic victim, as defined in Section 565.002, RSMo., in an official proceeding to disobey a subpoena or other legal process, or to absent himself or herself, avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he/she:
(b)
A person commits the offense of domestic victim tampering if, with a purpose to do so, he or she prevents or dissuades or attempts to prevent or dissuade any domestic victim, as defined in Section 565.002, RSMo., 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.
[R.O. 1985 § 16-107; Ord. No. 4744, § 1 (Exh. A), 4-25-2017]
(a)
Incident to an arrest for an offense involving domestic or family violence, a Law Enforcement Officer may seize:
[R.O. 1985 § 16-108; Ord. No. 4744, § 1 (Exh. A), 4-25-2017]
(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 communications 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.
[R.O. 1985 § 16-109; Ord. No. 4744, § 1 (Exh. A), 4-25-2017]
(a)
Before placing a perpetrator who is convicted of an offense involving domestic on probation, the court shall consider the safety and protection of the victim of domestic 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 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.