78 Questions
What is the primary characteristic of Phase 1 of the cycle of violence?
Increased tension, anger, blaming, and arguing
What typically triggers a violent eruption in Phase 2 of the cycle of violence?
A small incident
What is the primary goal of a battered woman in the relationship?
To stop the violence and find a way to keep the tensions from building
What is the purpose of a batterer's positive reinforcement in Phase 3 of the cycle of violence?
To keep the victim in the relationship and give him another chance
Why does a battered woman often try to work things out with her partner?
Because she has seen him control his behavior in the past
How long does a batterer typically follow through on behavioral changes?
For as long as it takes to get his partner back
What is the primary purpose of an ex parte order of protection granted pursuant to sections 455.010 to 455.085?
To protect the petitioner from domestic violence or stalking
What is one of the possible restrictions that can be included in an ex parte order of protection?
Restraining the respondent from committing or threatening to commit domestic violence
What is a common consequence for a victim of domestic violence when she realizes she has been tricked and humiliated?
Lowered self-esteem and feelings of powerlessness
Under what circumstances can a spouse be denied relief pursuant to this section?
If the spouse has no property interest in the dwelling unit
Why might a victim of domestic violence believe that prosecuting her partner would have a negative impact on his desire to change?
Because she believes he will change only if she is supportive of him
What is a possible consequence of violating a temporary order of protection?
The respondent may be held in contempt of court
When can a mutual order of protection be granted?
When both parties have properly filed written petitions and proper service has been made
What is one reason a victim of domestic violence might feel guilty about the abuse?
Because she assumes responsibility for the abuse and tries to determine how not to provoke her partner
What is one of the possible terms that can be included in a full or ex parte order of protection?
Temporarily enjoining the respondent from communicating with the petitioner
What is one factor that contributes to a victim's emotional dependence on her partner?
Her partner's reinforcement of a dependent relationship
Why might a victim of domestic violence be isolated from friends and family?
Because her partner has isolated her to eliminate helpful others
What is one reason a victim of domestic violence might stay in the relationship due to societal attitudes?
Because society assumes a man's right to use physical violence against his wife
Why might a victim of domestic violence feel that keeping the family together is more important than her own well-being?
Because she believes having a father is more important than anything she can offer her children
What is one reason a victim of domestic violence might feel that prosecution is unlikely to be effective?
Because her partner has told her that even if she prosecutes, he will only get probation
What is one way a victim of domestic violence might be influenced by traditional value systems?
By being forced to remain in the relationship due to strong religious convictions
Why might a victim of domestic violence feel that leaving the relationship is difficult?
Because she has low self-esteem and feels dependent on her partner
What tactic might an abuser use to intimidate their partner, especially regarding their children?
Threatening to kidnap the children or contest custody
What is the primary concern for an abused woman who fears her partner getting custody of their children?
That he will harm the children or herself if he gets custody
What is the ultimate threat an abuser might make to maintain control over their partner?
Threatening to harm the partner, their children, or themselves
Under what circumstances is an immediate response to a domestic violence call mandated by Missouri Statutes?
When the caller indicates that violence is imminent or in progress
What is the definition of a 'primary physical aggressor' in Missouri Revised Statutes?
The most significant aggressor
What factor is considered when determining the primary physical aggressor?
The comparative extent of injuries inflicted or serious threats
What type of protection order is issued immediately based on a verified petition and good cause shown?
Ex parte order of protection
What happens if the respondent in a protection order is under 17 years old?
The case is transferred to juvenile court
What is the consequence of failing to serve an ex parte order of protection on the respondent?
The order remains valid and enforceable
What is the purpose of determining the primary physical aggressor in a domestic violence incident?
To ensure the safety of all parties involved
Under what circumstances will the court make an order requiring a noncustodial party to pay child support?
When a prior order of support is not outstanding and all relevant factors have been considered
What is the maximum duration of a maintenance order granted to a party?
One hundred eighty days
What is the consequence of violating an ex parte order of protection when the respondent has notice?
Class A misdemeanor
When is a peace officer required to make an arrest with probable cause?
When the officer has probable cause to believe the offender has committed a violation
What should a peace officer do when a person fails to surrender custody of minor children?
Arrest the respondent and turn the children over to the other party
When is a written report required under Missouri Revised Statutes?
When the officer declines to make an arrest
What service must peace officers provide to victims of domestic violence?
At least two unspecified services
What is the consequence of violating a full order of protection when the respondent has notice?
Class A misdemeanor
Under what circumstances can a court grant a maintenance order?
For a period of time not to exceed one hundred eighty days
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?
Arrest the party respondent
What is the primary consideration when awarding custody of a minor child?
The best interests of the child
Under what circumstances can the court establish a visitation schedule?
When it is in the best interests of the child
What type of program may the court order the respondent to participate in?
A court-approved counseling program for batterers
What is a factor the court considers when awarding custody to a parent?
The respondent's history of domestic violence
When may the court prohibit the respondent from transferring property?
When the property is mutually owned or leased by the parties
What may the court order the respondent to pay for?
The cost of medical treatment for the petitioner
What is a requirement for a verified petition seeking certain orders?
It must contain allegations relating to the desired orders
In what circumstances may the court appoint a guardian ad litem or court-appointed special advocate?
When both parents have engaged in abusive behavior
What is one reason the court may deny visitation to the noncustodial parent?
Visitation would endanger the child's physical health
What may the court order the respondent to pay for in relation to a shelter for victims of domestic violence?
A reasonable fee for housing and other services
What is a necessary element for a threat to be considered stalking?
A threat to the life of, or a threat to cause physical injury to, or the kidnapping of, the person or their family
What is the primary difference between stalking and aggravated stalking?
The presence of a credible threat or violation of a protection order
What is an example of a situation where a person would be committing aggravated stalking?
If the person has previously pleaded guilty to domestic assault and is stalking the same victim
What is the minimum age difference required for a stalking scenario to be considered aggravated stalking?
4 years
What is a possible consequence of stalking or aggravated stalking?
A restraining order and possible imprisonment
What is a key element of harassment in the context of stalking?
A course of conduct that serves no legitimate purpose
What is the responsibility of the officer at the scene of an alleged incident of domestic violence?
To inform the abused party of available judicial remedies and arrange transportation to a medical facility or shelter
What is the penalty for domestic assault in the first degree if the actor inflicts serious physical injury on the victim?
Class A felony
What is the definition of a family or household member according to section 455.010?
Any child who is a member of the family or household
What is the penalty for domestic assault in the second degree?
Class C felony
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?
Class D felony
What is the primary characteristic of Fourth Degree Domestic Assault?
All of the above
What is the responsibility of law enforcement officials at the scene of an alleged incident of domestic violence?
To inform the abused party of available judicial remedies and arrange transportation to a medical facility or shelter
What is the punishment for committing Fourth Degree Domestic Assault with a prior conviction of assault of a domestic victim?
Class E felony
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?
Class A misdemeanor
What is a characteristic of the offense of abuse of an elderly person, a person with a disability, or a vulnerable person?
All of the above
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?
Class C felony
What is the punishment for abusing an elderly person, a person with a disability, or a vulnerable person?
Class A misdemeanor
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?
Class B felony
What is the responsibility of the officer at the scene of an alleged incident of domestic violence in relation to transportation?
To arrange transportation for the abused party to a medical facility or shelter
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?
Course of conduct
What is a credible threat?
A threat communicated with the intent to cause fear
What is the primary characteristic of the offense of abuse of an elderly person, a person with a disability, or a vulnerable person?
All of the above
What is not considered a course of conduct?
Picketing or other organized protests
What is the offense of domestic assault in the fourth degree?
A class A misdemeanor
What is a key aspect of the offense of abuse of an elderly person, a person with a disability, or a vulnerable person?
All of the above
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.
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.
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