A person commits the offense of harassment
if he/she, without good cause, engages in any act with the purpose
to cause emotional distress to another person.
A person commits the offense of kidnapping
if he or she knowingly restrains another unlawfully and without consent
so as to interfere substantially with his or her liberty.
[Ord. No. 4214, 4-28-2022]
A. A person commits the offense of violation of an Ex Parte Order of Protection if he or she knowingly violates the terms and/or conditions of an Ex Parte Order of Protection granted under Sections
455.010 through 455.090, RSMo.
B. A person commits the offense of violation of a Full Order of Protection if he or she knowingly violates the terms and/or conditions of a Full Order of Protection granted under Sections
455.010 through 455.090, RSMo.
C. A violation
of the terms and/or conditions of an Ex Parte Order of Protection
or a Full Order of Protection regarding abuse, stalking, disturbing
the peace, child custody, or entrance upon the premises of the petitioner's
dwelling unit shall be a misdemeanor and punishable by a fine of not
less than one hundred dollars ($100.00) and not more than one thousand
dollars ($1,000.00) or by imprisonment for a period not to exceed
three (3) months, or by both such fine and imprisonment.
D. For
purposes of this Section, in addition to the notice provided by actual
service of the Order, a party is deemed to have notice of an Order
once the Law Enforcement Officer responding to a call of a reported
incident of abuse or of violation of an Order of Protection presents
a copy of the Order of Protection to the respondent/party.
E. Nothing
in this Section shall be interpreted as creating a private cause of
action for damages to enforce the provisions set forth therein.
[Ord. No. 4214, 4-28-2022]
A. When
a Law Enforcement Officer has probable cause to believe a party has
committed a violation of law amounting to domestic violence, 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 Law Enforcement
Officer declines to make arrest pursuant to this Subsection, the Law
Enforcement 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.
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 as stated in this
Subsection 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
Subsection.
B. 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 entered, has committed an act in violation of such Order,
the Law Enforcement Officer shall arrest the offending party-respondent
whether or not the violation occurred in the presence of the arresting
Law Enforcement Officer. Refusal of the victim to sign an official
complaint against the violator shall not prevent an arrest under this
Subsection.
C. When
a Law Enforcement Officer makes an arrest, the Law Enforcement Officer
is not required to arrest two (2) parties involved in an assault when
both parties claim to have been assaulted. The arresting Law Enforcement
Officer shall attempt to identify and shall arrest the party the Law
Enforcement Officer believes is the primary physical aggressor. The
term "primary physical aggressor" is defined as the most significant,
rather than the first, aggressor.
1. The Law Enforcement Officer shall consider any or all of the following
in determining the primary physical aggressor:
a. The intent of the law to protect victims from continuing domestic
violence;
b. The comparative extent of injuries inflicted or serious threats creating
fear of physical injury;
c. The history of domestic violence between the persons involved.
2. No Law Enforcement Officer investigating an incident of domestic
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 Law Enforcement Officer shall evaluate each complaint separately
to determine whether the Law Enforcement Officer should seek a warrant
for an arrest.
D. 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.
E. 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.
F. 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.
G. A violation
of the terms and conditions, 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, or being within a certain distance
of the petitioner or a child of the petitioner, of a Full Order of
Protection or of an Ex Parte Order of Protection of which the respondent
has notice shall be an ordinance violation, unless the respondent
has previously pleaded guilty to or has been found guilty in any Division
of the Circuit Court of violating an Ex Parte Order of Protection
or a Full Order of Protection within five (5) years of the date of
the subsequent violation, in which case the subsequent violation shall
be a Class E felony. Evidence of prior pleas of guilty or findings
of guilt shall be heard by the Court out of the presence of the jury
prior to submission of the case to the jury. If the Court finds the
existence of such prior plea of guilty or finding of guilt beyond
a reasonable doubt, the Court shall decide the extent or duration
of the sentence or other disposition and shall not instruct the jury
as to the range of punishment or allow the jury to assess and declare
the punishment as a part of its verdict. For the purposes of this
Subsection, in addition to the notice provided by actual service of
the order, a party is deemed to have notice of an order of protection
if the Law Enforcement Officer responding to a call of a reported
incident of domestic violence, stalking, sexual assault, or violation
of an order of protection presented a copy of the order of protection
to the respondent.
H. Good faith attempts to effect a reconciliation of a marriage when both parties consent to the same, such as a cooling off period or when both parties go to counseling, shall not be deemed tampering with a witness or victim tampering under Section 575.270, RSMo., or violation of the terms of the Full Order of Protection or Ex Parte Order of Protection under this Section
205.200.
I. Nothing
in this Section shall be interpreted as creating a private cause of
action for damages to enforce the provisions set forth herein.