Podcast
Questions and Answers
What is the primary characteristic of Phase 1 of the cycle of violence?
What is the primary characteristic of Phase 1 of the cycle of violence?
What typically triggers a violent eruption in Phase 2 of the cycle of violence?
What typically triggers a violent eruption in Phase 2 of the cycle of violence?
What is the primary goal of a battered woman in the relationship?
What is the primary goal of a battered woman in the relationship?
What is the purpose of a batterer's positive reinforcement in Phase 3 of the cycle of violence?
What is the purpose of a batterer's positive reinforcement in Phase 3 of the cycle of violence?
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Why does a battered woman often try to work things out with her partner?
Why does a battered woman often try to work things out with her partner?
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How long does a batterer typically follow through on behavioral changes?
How long does a batterer typically follow through on behavioral changes?
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What is the primary purpose of an ex parte order of protection granted pursuant to sections 455.010 to 455.085?
What is the primary purpose of an ex parte order of protection granted pursuant to sections 455.010 to 455.085?
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What is one of the possible restrictions that can be included in an ex parte order of protection?
What is one of the possible restrictions that can be included in an ex parte order of protection?
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What is a common consequence for a victim of domestic violence when she realizes she has been tricked and humiliated?
What is a common consequence for a victim of domestic violence when she realizes she has been tricked and humiliated?
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Under what circumstances can a spouse be denied relief pursuant to this section?
Under what circumstances can a spouse be denied relief pursuant to this section?
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Why might a victim of domestic violence believe that prosecuting her partner would have a negative impact on his desire to change?
Why might a victim of domestic violence believe that prosecuting her partner would have a negative impact on his desire to change?
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What is a possible consequence of violating a temporary order of protection?
What is a possible consequence of violating a temporary order of protection?
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When can a mutual order of protection be granted?
When can a mutual order of protection be granted?
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What is one reason a victim of domestic violence might feel guilty about the abuse?
What is one reason a victim of domestic violence might feel guilty about the abuse?
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What is one of the possible terms that can be included in a full or ex parte order of protection?
What is one of the possible terms that can be included in a full or ex parte order of protection?
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What is one factor that contributes to a victim's emotional dependence on her partner?
What is one factor that contributes to a victim's emotional dependence on her partner?
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Why might a victim of domestic violence be isolated from friends and family?
Why might a victim of domestic violence be isolated from friends and family?
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What is one reason a victim of domestic violence might stay in the relationship due to societal attitudes?
What is one reason a victim of domestic violence might stay in the relationship due to societal attitudes?
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Why might a victim of domestic violence feel that keeping the family together is more important than her own well-being?
Why might a victim of domestic violence feel that keeping the family together is more important than her own well-being?
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What is one reason a victim of domestic violence might feel that prosecution is unlikely to be effective?
What is one reason a victim of domestic violence might feel that prosecution is unlikely to be effective?
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What is one way a victim of domestic violence might be influenced by traditional value systems?
What is one way a victim of domestic violence might be influenced by traditional value systems?
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Why might a victim of domestic violence feel that leaving the relationship is difficult?
Why might a victim of domestic violence feel that leaving the relationship is difficult?
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What tactic might an abuser use to intimidate their partner, especially regarding their children?
What tactic might an abuser use to intimidate their partner, especially regarding their children?
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What is the primary concern for an abused woman who fears her partner getting custody of their children?
What is the primary concern for an abused woman who fears her partner getting custody of their children?
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What is the ultimate threat an abuser might make to maintain control over their partner?
What is the ultimate threat an abuser might make to maintain control over their partner?
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Under what circumstances is an immediate response to a domestic violence call mandated by Missouri Statutes?
Under what circumstances is an immediate response to a domestic violence call mandated by Missouri Statutes?
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What is the definition of a 'primary physical aggressor' in Missouri Revised Statutes?
What is the definition of a 'primary physical aggressor' in Missouri Revised Statutes?
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What factor is considered when determining the primary physical aggressor?
What factor is considered when determining the primary physical aggressor?
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What type of protection order is issued immediately based on a verified petition and good cause shown?
What type of protection order is issued immediately based on a verified petition and good cause shown?
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What happens if the respondent in a protection order is under 17 years old?
What happens if the respondent in a protection order is under 17 years old?
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What is the consequence of failing to serve an ex parte order of protection on the respondent?
What is the consequence of failing to serve an ex parte order of protection on the respondent?
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What is the purpose of determining the primary physical aggressor in a domestic violence incident?
What is the purpose of determining the primary physical aggressor in a domestic violence incident?
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Under what circumstances will the court make an order requiring a noncustodial party to pay child support?
Under what circumstances will the court make an order requiring a noncustodial party to pay child support?
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What is the maximum duration of a maintenance order granted to a party?
What is the maximum duration of a maintenance order granted to a party?
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What is the consequence of violating an ex parte order of protection when the respondent has notice?
What is the consequence of violating an ex parte order of protection when the respondent has notice?
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When is a peace officer required to make an arrest with probable cause?
When is a peace officer required to make an arrest with probable cause?
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What should a peace officer do when a person fails to surrender custody of minor children?
What should a peace officer do when a person fails to surrender custody of minor children?
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When is a written report required under Missouri Revised Statutes?
When is a written report required under Missouri Revised Statutes?
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What service must peace officers provide to victims of domestic violence?
What service must peace officers provide to victims of domestic violence?
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What is the consequence of violating a full order of protection when the respondent has notice?
What is the consequence of violating a full order of protection when the respondent has notice?
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Under what circumstances can a court grant a maintenance order?
Under what circumstances can a court grant a maintenance order?
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What must a peace officer do when finding probable cause that a party has committed an act of abuse in violation of a protective order?
What must a peace officer do when finding probable cause that a party has committed an act of abuse in violation of a protective order?
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What is the primary consideration when awarding custody of a minor child?
What is the primary consideration when awarding custody of a minor child?
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Under what circumstances can the court establish a visitation schedule?
Under what circumstances can the court establish a visitation schedule?
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What type of program may the court order the respondent to participate in?
What type of program may the court order the respondent to participate in?
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What is a factor the court considers when awarding custody to a parent?
What is a factor the court considers when awarding custody to a parent?
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When may the court prohibit the respondent from transferring property?
When may the court prohibit the respondent from transferring property?
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What may the court order the respondent to pay for?
What may the court order the respondent to pay for?
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What is a requirement for a verified petition seeking certain orders?
What is a requirement for a verified petition seeking certain orders?
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In what circumstances may the court appoint a guardian ad litem or court-appointed special advocate?
In what circumstances may the court appoint a guardian ad litem or court-appointed special advocate?
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What is one reason the court may deny visitation to the noncustodial parent?
What is one reason the court may deny visitation to the noncustodial parent?
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What may the court order the respondent to pay for in relation to a shelter for victims of domestic violence?
What may the court order the respondent to pay for in relation to a shelter for victims of domestic violence?
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What is a necessary element for a threat to be considered stalking?
What is a necessary element for a threat to be considered stalking?
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What is the primary difference between stalking and aggravated stalking?
What is the primary difference between stalking and aggravated stalking?
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What is an example of a situation where a person would be committing aggravated stalking?
What is an example of a situation where a person would be committing aggravated stalking?
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What is the minimum age difference required for a stalking scenario to be considered aggravated stalking?
What is the minimum age difference required for a stalking scenario to be considered aggravated stalking?
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What is a possible consequence of stalking or aggravated stalking?
What is a possible consequence of stalking or aggravated stalking?
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What is a key element of harassment in the context of stalking?
What is a key element of harassment in the context of stalking?
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What is the responsibility of the officer at the scene of an alleged incident of domestic violence?
What is the responsibility of the officer at the scene of an alleged incident of domestic violence?
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What is the penalty for domestic assault in the first degree if the actor inflicts serious physical injury on the victim?
What is the penalty for domestic assault in the first degree if the actor inflicts serious physical injury on the victim?
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What is the definition of a family or household member according to section 455.010?
What is the definition of a family or household member according to section 455.010?
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What is the penalty for domestic assault in the second degree?
What is the penalty for domestic assault in the second degree?
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What is the penalty for domestic assault in the third degree if the person has pleaded guilty to or been found guilty of the crime more than two times?
What is the penalty for domestic assault in the third degree if the person has pleaded guilty to or been found guilty of the crime more than two times?
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What is the primary characteristic of Fourth Degree Domestic Assault?
What is the primary characteristic of Fourth Degree Domestic Assault?
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What is the responsibility of law enforcement officials at the scene of an alleged incident of domestic violence?
What is the responsibility of law enforcement officials at the scene of an alleged incident of domestic violence?
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What is the punishment for committing Fourth Degree Domestic Assault with a prior conviction of assault of a domestic victim?
What is the punishment for committing Fourth Degree Domestic Assault with a prior conviction of assault of a domestic victim?
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What is the crime of domestic assault in the third degree if the person knowingly causes physical contact with the family or household member knowing the other person will regard the contact as offensive?
What is the crime of domestic assault in the third degree if the person knowingly causes physical contact with the family or household member knowing the other person will regard the contact as offensive?
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What is a characteristic of the offense of abuse of an elderly person, a person with a disability, or a vulnerable person?
What is a characteristic of the offense of abuse of an elderly person, a person with a disability, or a vulnerable person?
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What is the crime of domestic assault in the second degree if the act involves recklessly causing serious physical injury to the family or household member?
What is the crime of domestic assault in the second degree if the act involves recklessly causing serious physical injury to the family or household member?
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What is the punishment for abusing an elderly person, a person with a disability, or a vulnerable person?
What is the punishment for abusing an elderly person, a person with a disability, or a vulnerable person?
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What is the crime of domestic assault in the first degree if the person attempts to kill or knowingly causes or attempts to cause serious physical injury to the family or household member?
What is the crime of domestic assault in the first degree if the person attempts to kill or knowingly causes or attempts to cause serious physical injury to the family or household member?
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What is the responsibility of the officer at the scene of an alleged incident of domestic violence in relation to transportation?
What is the responsibility of the officer at the scene of an alleged incident of domestic violence in relation to transportation?
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What is the term for a pattern of conduct composed of two or more acts, which may include communication by any means, over a period of time?
What is the term for a pattern of conduct composed of two or more acts, which may include communication by any means, over a period of time?
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What is a credible threat?
What is a credible threat?
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What is the primary characteristic of the offense of abuse of an elderly person, a person with a disability, or a vulnerable person?
What is the primary characteristic of the offense of abuse of an elderly person, a person with a disability, or a vulnerable person?
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What is not considered a course of conduct?
What is not considered a course of conduct?
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What is the offense of domestic assault in the fourth degree?
What is the offense of domestic assault in the fourth degree?
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What is a key aspect of the offense of abuse of an elderly person, a person with a disability, or a vulnerable person?
What is a key aspect of the offense of abuse of an elderly person, a person with a disability, or a vulnerable person?
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Study Notes
The Cycle of Violence
- Phase 1: Tension Building - increased tension, anger, blaming, and arguing
- Phase 2: Violent Eruption - various types of abuse, acute incident, often triggered by a small incident
- Phase 3: Calm, Loving, Denial - bonding stage, remorse, denial, downplaying damage, and making promises
Reasons Why Leaving Is Difficult for Victims of Domestic Violence
- Low self-esteem
- Dependence on partner for financial support
- Keeping the family together
- Guilt
- Promises of change
- Emotional dependence
- Fear of insanity
- Isolation
- Lack of resources
- Learned behavior
- Societal attitudes
- Traditional value systems
- Fear of loss of children
- Fear of death
Mandated Domestic Violence Calls
- Imminent or in-progress violence
- Protection order in effect
- Previous incidents of domestic violence
Primary Physical Aggressor
- Defined as the most significant aggressor
- Factors considered:
- Intent to protect victims of domestic violence
- Comparative extent of injuries or threats
- History of domestic violence
Protection Orders in Missouri
- Ex parte order: temporary order granted without a hearing, remains in effect until a hearing is held
- Full order: issued after a hearing, may include terms such as:
- Restraining respondent from committing domestic violence
- Restraining respondent from entering petitioner's dwelling unit
- Restraining respondent from communicating with petitioner
- Awarding custody of minor children
- Establishing a visitation schedule
- Awarding child support and maintenance
- Ordering respondent to participate in counseling
Criminal Terms and Conditions
- Violation of an ex parte or full order is a class A misdemeanor, unless the respondent has previously violated an order, in which case it is a class E felony
- Terms and conditions may include:
- No contact with petitioner or child
- No entrance upon petitioner's dwelling unit or place of employment
- No communication with petitioner
- No stalking
Arrest Situations
- Officer shall arrest the offender with probable cause, except:
- If the same offender commits another violation within 12 hours
- If the offender violates a protective order and has notice of the order
- If the offender fails to surrender custody of minor children
Written Report
- Required when officer declines to make an arrest
- Must include:
- Description of the incident
- Victim's name and address
- Reason for no arrest
- Any other pertinent information
Services for Victims
- Peace officers must inform victims of:
- Available judicial remedies for relief from domestic violence
- Available shelters for victims of domestic violence
- Officers must provide or arrange transportation for victims to:
- A medical facility for treatment
- A place of shelter or safety### Domestic Assault
- First degree: attempts to kill or knowingly causes serious physical injury to a family or household member, including children
- Penalties: Class B felony, unless serious physical injury is inflicted or previous convictions, then Class A felony
- Second degree: attempts to cause physical injury, uses a deadly weapon, or recklessly causes serious physical injury
- Penalties: Class C felony
- Third degree: attempts to cause physical injury, recklessly causes physical injury, or restricts access to others
- Penalties: Class A misdemeanor, unless multiple convictions, then Class D felony
- Fourth degree: attempts to cause physical injury, pain, or illness, or restricts access to others
- Penalties: Class A misdemeanor, unless multiple convictions, then Class E felony
Abuse of an Elderly Person, a Person with a Disability, or a Vulnerable Person
- Definition: engaging in conduct that causes emotional distress or fails to provide care, goods, or services
- Penalties: Class A misdemeanor
First Degree Stalking
- Definition: a pattern of conduct that harasses or follows another person with the intent of harassment
- Penalties: Class A felony, unless aggravated, then Class B felony
- Aggravated stalking: credible threats, violation of an order of protection, or violation of probation or parole conditions
- Factors that enhance penalties: victim is 17 years old or younger, perpetrator is 21 years old or older, or previous convictions for domestic assault, violation of an order of protection, or other crimes.
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Description
This quiz covers the three phases of the cycle of violence, including tension building, violent eruption, and calm and denial. Learn how to recognize and understand the patterns of abuse.