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Questions and Answers
What is the primary intention of a person who commits stalking in the second degree?
What is the primary intention of a person who commits stalking in the second degree?
Which of the following individuals is exempt from the offense of stalking in the second degree?
Which of the following individuals is exempt from the offense of stalking in the second degree?
Under what circumstances can a law enforcement officer arrest someone without a warrant for stalking in the second degree?
Under what circumstances can a law enforcement officer arrest someone without a warrant for stalking in the second degree?
What is the classification of the offense of stalking in the second degree if the defendant has no prior convictions?
What is the classification of the offense of stalking in the second degree if the defendant has no prior convictions?
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What is the classification of the offense of stalking in the second degree if the defendant has a prior conviction?
What is the classification of the offense of stalking in the second degree if the defendant has a prior conviction?
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What federal law is related to interstate domestic violence?
What federal law is related to interstate domestic violence?
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What is a prerequisite for a court order to restrain a person from harassing an intimate partner or child?
What is a prerequisite for a court order to restrain a person from harassing an intimate partner or child?
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Who is prohibited from shipping or transporting firearms or ammunition in interstate or foreign commerce?
Who is prohibited from shipping or transporting firearms or ammunition in interstate or foreign commerce?
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What is given to foreign orders of protection issued by other states or territories?
What is given to foreign orders of protection issued by other states or territories?
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What is required to be attached to a petition seeking registration of a foreign order of protection?
What is required to be attached to a petition seeking registration of a foreign order of protection?
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What is the court's inquiry limited to when considering a petition for registration of a foreign order of protection?
What is the court's inquiry limited to when considering a petition for registration of a foreign order of protection?
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How is a foreign order of protection enforced in this state?
How is a foreign order of protection enforced in this state?
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What must be sent to the respondent by certified mail?
What must be sent to the respondent by certified mail?
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What is required for a court to issue an order giving full faith and credit to a foreign order of protection?
What is required for a court to issue an order giving full faith and credit to a foreign order of protection?
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What is a prerequisite for a person to possess a firearm or ammunition?
What is a prerequisite for a person to possess a firearm or ammunition?
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What is a consequence of being convicted of a misdemeanor crime of domestic violence?
What is a consequence of being convicted of a misdemeanor crime of domestic violence?
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Under which circumstances can a person be punished according to the Travel or conduct of offender section?
Under which circumstances can a person be punished according to the Travel or conduct of offender section?
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What is the punishment for Interstate Stalking?
What is the punishment for Interstate Stalking?
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What is required for an act to be considered Interstate Stalking?
What is required for an act to be considered Interstate Stalking?
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What is the definition of a spouse or intimate partner for the purpose of Interstate Stalking?
What is the definition of a spouse or intimate partner for the purpose of Interstate Stalking?
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Under what circumstances can a person be punished according to the Interstate Violation of a Protection Order section?
Under what circumstances can a person be punished according to the Interstate Violation of a Protection Order section?
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What is the punishment for Interstate Violation of a Protection Order?
What is the punishment for Interstate Violation of a Protection Order?
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What is required for an act to be considered Interstate Violation of a Protection Order?
What is required for an act to be considered Interstate Violation of a Protection Order?
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What is an example of a jurisdiction that falls under the special maritime and territorial jurisdiction of the United States?
What is an example of a jurisdiction that falls under the special maritime and territorial jurisdiction of the United States?
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What is the purpose of the Travel or conduct of offender section?
What is the purpose of the Travel or conduct of offender section?
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What is an example of a protection order that can be violated according to the Interstate Violation of a Protection Order section?
What is an example of a protection order that can be violated according to the Interstate Violation of a Protection Order section?
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Under what circumstances can a respondent move to modify or set aside a court's order recognizing a foreign order of protection?
Under what circumstances can a respondent move to modify or set aside a court's order recognizing a foreign order of protection?
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What is required for a respondent's motion to modify or set aside a court's order recognizing a foreign order of protection to be heard?
What is required for a respondent's motion to modify or set aside a court's order recognizing a foreign order of protection to be heard?
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What is the standard of evidence required for a respondent to demonstrate that the Missouri court's order was not issued in compliance with this section?
What is the standard of evidence required for a respondent to demonstrate that the Missouri court's order was not issued in compliance with this section?
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When are law enforcement officers immune from liability in civil actions alleging false arrest, false imprisonment, or malicious prosecution?
When are law enforcement officers immune from liability in civil actions alleging false arrest, false imprisonment, or malicious prosecution?
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What is not a circumstance under which law enforcement officers are not immune from liability?
What is not a circumstance under which law enforcement officers are not immune from liability?
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What is the first step in the general guidelines for law enforcement responses to domestic violence calls?
What is the first step in the general guidelines for law enforcement responses to domestic violence calls?
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What is an important aspect of an officer's investigation and report concerning domestic violence?
What is an important aspect of an officer's investigation and report concerning domestic violence?
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What is a key consideration when interviewing parties during a domestic disturbance?
What is a key consideration when interviewing parties during a domestic disturbance?
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What is a common misconception about same-gender domestic violence?
What is a common misconception about same-gender domestic violence?
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What is a major challenge that lesbian, bi, and gay survivors of battering may face?
What is a major challenge that lesbian, bi, and gay survivors of battering may face?
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Why may victims of battering in lesbian, bi, or gay relationships hesitate to seek help?
Why may victims of battering in lesbian, bi, or gay relationships hesitate to seek help?
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What is a unique challenge that elderly victims of abuse may face?
What is a unique challenge that elderly victims of abuse may face?
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What is the definition of strangulation?
What is the definition of strangulation?
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Why is strangulation a lethal form of domestic violence?
Why is strangulation a lethal form of domestic violence?
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What is a challenge that lesbian, bi, and gay survivors of battering may face when seeking support services?
What is a challenge that lesbian, bi, and gay survivors of battering may face when seeking support services?
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What is a factor that may affect an older victim's decision to report abuse or seek help?
What is a factor that may affect an older victim's decision to report abuse or seek help?
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Why may victims of battering in lesbian, bi, or gay relationships feel isolated?
Why may victims of battering in lesbian, bi, or gay relationships feel isolated?
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What is a challenge that elderly victims of abuse may face when seeking help?
What is a challenge that elderly victims of abuse may face when seeking help?
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Why is it important to understand the differences between strangulation and choking?
Why is it important to understand the differences between strangulation and choking?
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What is the penalty for failing to report as required under subdivision (2) of subsection 1 of this section?
What is the penalty for failing to report as required under subdivision (2) of subsection 1 of this section?
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Who is included in the definition of a 'first responder'?
Who is included in the definition of a 'first responder'?
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What is the purpose of the Missouri Adult Abuse and Neglect Hotline?
What is the purpose of the Missouri Adult Abuse and Neglect Hotline?
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What is the age range of individuals with disabilities that the DHSS investigates?
What is the age range of individuals with disabilities that the DHSS investigates?
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What is the phone number of the Missouri Adult Abuse and Neglect Hotline?
What is the phone number of the Missouri Adult Abuse and Neglect Hotline?
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What is the role of the Division of Health and Senior Services (DHSS) concerning elderly and vulnerable persons?
What is the role of the Division of Health and Senior Services (DHSS) concerning elderly and vulnerable persons?
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What percentage of victims may experience voice changes, including hoarseness, due to strangulation?
What percentage of victims may experience voice changes, including hoarseness, due to strangulation?
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What type of injuries are common on the victim's chin during strangulation?
What type of injuries are common on the victim's chin during strangulation?
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What are the tiny red spots that appear in the eyes, gums, face, and neck due to ruptured capillaries during strangulation?
What are the tiny red spots that appear in the eyes, gums, face, and neck due to ruptured capillaries during strangulation?
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What is a key area to look for injuries on the victim during a strangulation examination?
What is a key area to look for injuries on the victim during a strangulation examination?
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What is an important question to ask a strangulation victim during an investigation?
What is an important question to ask a strangulation victim during an investigation?
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What is a potential defensive wound found on the suspect during a strangulation investigation?
What is a potential defensive wound found on the suspect during a strangulation investigation?
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What is a potential consequence of strangulation on the victim's health?
What is a potential consequence of strangulation on the victim's health?
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What is a key consideration for investigators when building a case against a perpetrator of domestic violence?
What is a key consideration for investigators when building a case against a perpetrator of domestic violence?
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What is a type of stalker profile described in the California POST stalking video?
What is a type of stalker profile described in the California POST stalking video?
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What is a key consideration for investigators when interviewing children in a domestic violence case?
What is a key consideration for investigators when interviewing children in a domestic violence case?
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What is the primary goal of a coordinated community response to domestic violence?
What is the primary goal of a coordinated community response to domestic violence?
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What is the purpose of gathering information from witnesses, friends, and relatives in a domestic violence case?
What is the purpose of gathering information from witnesses, friends, and relatives in a domestic violence case?
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What is included in the documentation of a domestic violence incident?
What is included in the documentation of a domestic violence incident?
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Who can report suspected elder abuse in accordance with the mandated reporter law?
Who can report suspected elder abuse in accordance with the mandated reporter law?
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What is exempt from the mandated reporter law?
What is exempt from the mandated reporter law?
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What is the purpose of a coordinated community response to domestic violence?
What is the purpose of a coordinated community response to domestic violence?
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Who can play a role in responding to domestic violence?
Who can play a role in responding to domestic violence?
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What is the ultimate goal of a coordinated community response to domestic violence?
What is the ultimate goal of a coordinated community response to domestic violence?
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Why is it important to have a coordinated community response to domestic violence?
Why is it important to have a coordinated community response to domestic violence?
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What is included in the process of documenting evidence in a domestic violence case?
What is included in the process of documenting evidence in a domestic violence case?
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Study Notes
Stalking and Domestic Violence
- Second-degree stalking: purposely disturbing or following someone with the intent to disturb them, with the exception of law enforcement conducting investigations.
- Class A misdemeanor, unless the defendant has a prior conviction of stalking or domestic violence, in which case it is a class E felony.
Interstate Stalking
- Traveling or conducting activities across state or national borders with the intent to kill, injure, harass, or intimidate someone.
- Punishable under federal law (18 U.S.C. 2261).
- Includes using mail, interactive computer services, or electronic communication systems to engage in a course of conduct that places the person in reasonable fear of death or serious bodily injury.
Interstate Violation of a Protection Order
- Traveling across state or national borders with the intent to engage in conduct that violates a protection order.
- Punishable under federal law (18 U.S.C. 2262).
- Includes causing another person to travel across state or national borders by force, coercion, or fraud.
Possession of a Firearm While Subject to a Protection Order
- Unlawful for a person subject to a court order that restricts their conduct towards an intimate partner or child to possess a firearm.
- Applies to court orders issued after a hearing, with notice to the respondent, and which restrain the respondent from harassing, stalking, or threatening an intimate partner or child.
Possession of a Firearm After Conviction of Misdemeanor Crime of Domestic Violence
- Unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm.
- Applies to convicts who have been convicted of a misdemeanor crime that involves physical force or the threatened use of physical force against an intimate partner or child.
Full Faith and Credit
- Orders of protection issued by other states, tribes, territories, or possessions of the United States are given full faith and credit throughout the state.
- May be enforced by law enforcement and courts in the same manner as orders issued by a court in this state.
Officer Immunity
- Officers are immune from liability in civil actions alleging false arrest, false imprisonment, or malicious prosecution concerning domestic violence situations.
- Applies when the officer acts in good faith reliance on the law.
Law Enforcement Response to Domestic Violence
- Officers should:
- Plan their route and approach tactically
- Assess threats and make a safe entry
- Physically position themselves to separate individuals and ensure a safe distance
- Calm the situation and explore the reasons for the dispute
- Determine the appropriate police action to prevent further violence
- Document the incident thoroughly, including the scene, statements, and evidence
Investigating Domestic Violence
- Officers should consider the following when investigating domestic violence:
- The reason for the response
- Time of dispatch and response
- Details of the incident
- Identification and description of all individuals involved
- Statements and excited utterances
- Protection orders and prior history
- Evidence and photos
Interview Techniques
- Officers should:
- Be persistent and ask follow-up questions
- Avoid leading questions
- Listen and evaluate statements
- Consider all factors before making a decision
- Avoid the "buddy-up" interview technique
- Be alert to nonverbal cues
Same-Gender Domestic Violence
- Additional dynamics faced by same-gender survivors:
- Fear of not being taken seriously
- Fear of outing themselves
- Limited access to services and support
- Fear of losing their sense of community
- Fear of further isolation
Elder Abuse
- Additional dynamics faced by elderly victims:
- Fear of further abuse
- Fear of starting over
- Fear of losing contact with family members
- Love for the abuser
- Economic reasons
- Health concerns
Investigating Strangulation
- Key factors to consider:
- Difference between strangulation and choking
- Signs and symptoms of strangulation
- Questions to ask the victim, such as:
- How were you strangled?
- How long did the strangulation last?
- What did you think was going to happen?
- What did the perpetrator say to you?
Investigative Considerations
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Considerations for evidence-based prosecution of domestic violence cases:
- Use of 911 calls and other recordings
- Interviewing children
- Documenting the scene and statements
- Preserving evidence
- Proving the case in court without the victim's cooperation### Investigating Domestic Violence
-
Investigate all possible witnesses, including neighbors, close relatives, and friends the victim may have talked to about any incidents
-
Obtain future contact information such as email addresses, relatives, etc.
-
Collect medical records by having the victim sign a waiver at the time of treatment
-
Document names of individuals from responding fire, ambulance, and law enforcement
-
Take photos at the scene of all involved, including follow-up photos of injuries
-
Include a thorough physical description of all people involved
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Collect letters, notes, text messages, voice mails, etc. and note verbal and non-verbal communication
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Document clothing, weapons, and any physical evidence
Coordinated Community Response to Domestic Violence
- A community's response to domestic violence should include every member of the community
- Raising the community's awareness and reshaping social norms around this issue is critical for widespread and permanent changes
- Widespread education and prevention activities are an essential part of a coordinated response
- Everyone, including clergy, employers, and neighbors, can and should play a role in condemning domestic violence and supporting battered women
Mandated Reporter Law and Penalty for Failing to Report Elder Abuse
- The following persons are required to report or cause a report to be made to the department:
- Any person having reasonable cause to suspect that an eligible adult presents a likelihood of suffering serious physical harm or bullying
- Specific professionals, such as adult day care workers, chiropractors, coroners, etc.
- The penalty for failing to report as required is a class A misdemeanor
- The Missouri Adult Abuse and Neglect Hotline number for reporting suspected abuse of elderly and vulnerable persons is 800-392-0210
Role of the Division of Health and Senior Services (DHSS)
- The DHSS investigates abuse, neglect, and exploitation of vulnerable individuals 60 and older and people with disabilities between 18 and 59
- The DHSS responds to reports of abuse, neglect, and financial exploitation through the Missouri Adult Abuse and Neglect Hotline
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Description
Learn about the legal definition and requirements of stalking in the second degree, including exceptions for law enforcement investigations.