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?
- Denial and downplaying the damage
- Tension building, anger, blaming, and arguing (correct)
- Physical abuse and violent eruption
- Remorse and making promises
What is the typical outcome of a batterer's attempts to change their behavior?
What is the typical outcome of a batterer's attempts to change their behavior?
- Increase in violent behavior
- Seeking help from a counselor
- Permanent cessation of violent behavior
- Temporary cessation of violent behavior to get their partner back (correct)
What is the motivation behind a battered woman's attempt to work things out with her partner?
What is the motivation behind a battered woman's attempt to work things out with her partner?
- Lack of financial resources to leave the relationship
- Fear of her partner's violent behavior
- Belief that her partner can control their behavior and change (correct)
- Love and commitment to the relationship
What is the typical outcome of the cycle of violence once physical abuse has begun?
What is the typical outcome of the cycle of violence once physical abuse has begun?
What is the primary goal of a battered woman in staying in the relationship?
What is the primary goal of a battered woman in staying in the relationship?
What is the typical behavior of a batterer during Phase 3 of the cycle of violence?
What is the typical behavior of a batterer during Phase 3 of the cycle of violence?
Why might an abused woman fear leaving her abuser?
Why might an abused woman fear leaving her abuser?
What is a common threat made by an abuser to maintain power and control?
What is a common threat made by an abuser to maintain power and control?
Under which circumstances is an immediate response to domestic violence calls mandated?
Under which circumstances is an immediate response to domestic violence calls mandated?
What is the definition of a primary physical aggressor?
What is the definition of a primary physical aggressor?
What factor is considered when determining the primary physical aggressor?
What factor is considered when determining the primary physical aggressor?
What type of protection order is available in Missouri Revised Statutes?
What type of protection order is available in Missouri Revised Statutes?
What constitutes good cause for an ex parte order of protection?
What constitutes good cause for an ex parte order of protection?
What happens if a respondent is less than 17 years old?
What happens if a respondent is less than 17 years old?
What is the effect of not serving an ex parte order on the respondent?
What is the effect of not serving an ex parte order on the respondent?
What is the purpose of appointing a guardian ad litem for a respondent?
What is the purpose of appointing a guardian ad litem for a respondent?
What is the main purpose of an ex parte order of protection?
What is the main purpose of an ex parte order of protection?
What can an ex parte order of protection include, in terms of restrain?
What can an ex parte order of protection include, in terms of restrain?
What can a full or ex parte order of protection include, in terms of custody?
What can a full or ex parte order of protection include, in terms of custody?
Under what condition are mutual orders of protection prohibited?
Under what condition are mutual orders of protection prohibited?
What can an ex parte order of protection restrict, in terms of communication?
What can an ex parte order of protection restrict, in terms of communication?
What is a common consequence of a victim realizing she has been tricked by her abuser?
What is a common consequence of a victim realizing she has been tricked by her abuser?
Why might a victim not want to prosecute her abuser?
Why might a victim not want to prosecute her abuser?
What is a common tactic used by abusers to maintain control?
What is a common tactic used by abusers to maintain control?
What is a reason why a victim may feel guilty about the abuse?
What is a reason why a victim may feel guilty about the abuse?
What is a result of a victim's emotional dependence on her partner?
What is a result of a victim's emotional dependence on her partner?
Why might a victim feel isolated?
Why might a victim feel isolated?
What is a reason why a victim may not know how to access community resources?
What is a reason why a victim may not know how to access community resources?
What is a common attitude that contributes to the normalization of abuse?
What is a common attitude that contributes to the normalization of abuse?
What is a traditional value system that may deny a victim the option of separation or divorce?
What is a traditional value system that may deny a victim the option of separation or divorce?
What is a common reason why a victim may want to keep the family together?
What is a common reason why a victim may want to keep the family together?
What can the court award when issuing an order of protection, in addition to the protection order itself?
What can the court award when issuing an order of protection, in addition to the protection order itself?
What is a condition for the court to award custody of a minor child to one of the parties?
What is a condition for the court to award custody of a minor child to one of the parties?
What can the court order the respondent to do if the respondent is found to have a duty to support the petitioner?
What can the court order the respondent to do if the respondent is found to have a duty to support the petitioner?
What must a verified petition seeking orders for maintenance, support, custody, and visitation contain?
What must a verified petition seeking orders for maintenance, support, custody, and visitation contain?
What is considered by the court when making an award of custody?
What is considered by the court when making an award of custody?
When can the court limit or deny visitation rights to the noncustodial parent?
When can the court limit or deny visitation rights to the noncustodial parent?
What can the court order the respondent to pay for, in addition to child support?
What can the court order the respondent to pay for, in addition to child support?
Who can be appointed to represent the minor child in accordance with chapter 452?
Who can be appointed to represent the minor child in accordance with chapter 452?
What is a condition for the court to order the respondent to participate in a counseling program?
What is a condition for the court to order the respondent to participate in a counseling program?
What can the court prohibit the respondent from doing?
What can the court prohibit the respondent from doing?
What must a threat be against to constitute stalking?
What must a threat be against to constitute stalking?
What must law enforcement officials at the scene of an alleged domestic violence incident provide or arrange for the abused party?
What must law enforcement officials at the scene of an alleged domestic violence incident provide or arrange for the abused party?
What is a requirement for aggravated stalking?
What is a requirement for aggravated stalking?
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?
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?
What is the crime of stalking typically classified as?
What is the crime of stalking typically classified as?
What is an exception to the typical classification of stalking as a class A misdemeanor?
What is an exception to the typical classification of stalking as a class A misdemeanor?
What is the crime of domestic assault in the second degree if it involves reckless causation of serious physical injury?
What is the crime of domestic assault in the second degree if it involves reckless causation of serious physical injury?
What is a requirement for aggravated stalking involving a minor?
What is a requirement for aggravated stalking involving a minor?
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?
What is a circumstance under which a law enforcement officer may arrest without a warrant?
What is a circumstance under which a law enforcement officer may arrest without a warrant?
What must the officer at the scene of an alleged domestic violence incident inform the abused party of?
What must the officer at the scene of an alleged domestic violence incident inform the abused party of?
What is the crime of domestic assault in the third degree if the person attempts to cause or recklessly causes physical injury to a family or household member?
What is the crime of domestic assault in the third degree if the person attempts to cause or recklessly causes physical injury to a family or household member?
What is the purpose of providing or arranging transportation for the abused party to a medical facility or a place of shelter or safety?
What is the purpose of providing or arranging transportation for the abused party to a medical facility or a place of shelter or safety?
What is the penalty for domestic assault in the first degree if the actor attempts to kill or knowingly causes or attempts to cause serious physical injury?
What is the penalty for domestic assault in the first degree if the actor attempts to kill or knowingly causes or attempts to cause serious physical injury?
Who is responsible for informing the abused party of available judicial remedies for relief from domestic violence and available shelters?
Who is responsible for informing the abused party of available judicial remedies for relief from domestic violence and available shelters?
When can the court make an order requiring the noncustodial party to pay an amount reasonable and necessary for the support of a child?
When can the court make an order requiring the noncustodial party to pay an amount reasonable and necessary for the support of a child?
What is the maximum period of time for which a maintenance order can be granted?
What is the maximum period of time for which a maintenance order can be granted?
What is the consequence of violating an ex parte order of protection for the first time?
What is the consequence of violating an ex parte order of protection for the first time?
When must a peace officer make an arrest?
When must a peace officer make an arrest?
What must a peace officer do when they decline to make an arrest?
What must a peace officer do when they decline to make an arrest?
What two services must peace officers provide to victims of domestic violence?
What two services must peace officers provide to victims of domestic violence?
What is required when a law enforcement officer is called to the same address within a 12-hour period?
What is required when a law enforcement officer is called to the same address within a 12-hour period?
What happens when a person against whom an order of protection has been entered fails to surrender custody of minor children?
What happens when a person against whom an order of protection has been entered fails to surrender custody of minor children?
What is the consequence of violating a full order of protection for the first time?
What is the consequence of violating a full order of protection for the first time?
What is the purpose of a written report made by a peace officer when they decline to make an arrest?
What is the purpose of a written report made by a peace officer when they decline to make an arrest?
What is the minimum requirement for an act to be considered a course of conduct in first-degree stalking?
What is the minimum requirement for an act to be considered a course of conduct in first-degree stalking?
What is the penalty for domestic assault in the fourth degree if the person has previously been found guilty of the offense of assault of a domestic victim two or more times?
What is the penalty for domestic assault in the fourth degree if the person has previously been found guilty of the offense of assault of a domestic victim two or more times?
What is the definition of a domestic victim?
What is the definition of a domestic victim?
What is an example of abuse of an elderly person, a person with a disability, or a vulnerable person?
What is an example of abuse of an elderly person, a person with a disability, or a vulnerable person?
What is the penalty for abuse of an elderly person, a person with a disability, or a vulnerable person?
What is the penalty for abuse of an elderly person, a person with a disability, or a vulnerable person?
What is a credible threat in the context of first-degree stalking?
What is a credible threat in the context of first-degree stalking?
What is an example of an act that may be considered domestic assault in the fourth degree?
What is an example of an act that may be considered domestic assault in the fourth degree?
What is the purpose of the provision that excludes constitutionally protected activity from the definition of course of conduct in first-degree stalking?
What is the purpose of the provision that excludes constitutionally protected activity from the definition of course of conduct in first-degree stalking?
What is the requirement for a person to be considered an elderly person, a person with a disability, or a vulnerable person?
What is the requirement for a person to be considered an elderly person, a person with a disability, or a vulnerable person?
What is the consequence of failing to provide care, goods, or services to an elderly person, a person with a disability, or a vulnerable person?
What is the consequence of failing to provide care, goods, or services to an elderly person, a person with a disability, or a vulnerable person?
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
- Domestic assault in the first degree: attempting to kill or knowingly causing serious physical injury to a family or household member is a class B felony, unless it inflicts serious physical injury or the actor has previously pleaded guilty to or been found guilty of committing this crime, in which case it is a class A felony.
- Domestic assault in the second degree: attempting to cause or knowingly causing physical injury to a family or household member by any means, including deadly weapons or dangerous instruments, is a class C felony.
- Domestic assault in the third degree: attempting to cause or recklessly causing physical injury to a family or household member, or knowingly causing physical contact that is offensive, is a class A misdemeanor, unless it is committed more than two times, in which case it is a class D felony.
- Domestic assault in the fourth degree: recklessly causing physical injury or physical pain to a domestic victim, or knowingly causing physical contact that is offensive, is a class A misdemeanor, unless it is committed two or more times, in which case it is a class E felony.
Abuse of an Elderly Person, a Person with a Disability, or a Vulnerable Person
- Abuse of an elderly person, a person with a disability, or a vulnerable person: purposely engaging in conduct that causes emotional distress, intentionally failing to provide care or services, or knowingly acting in a way that results in a substantial risk to life, body, or health, is a class A misdemeanor.
Stalking
- Stalking: purposely engaging in a course of conduct that harasses or follows another person, including communication by any means, is a class A misdemeanor.
- Aggravated stalking: stalking that involves a credible threat, violation of an order of protection, probation, parole, or release on bond, or is committed against a person under 17 years old, is a class D felony, unless it is committed against a person who has previously been stalked, in which case it is a class C felony.
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Description
Identify and describe the three phases of the cycle of violence, including tension building, violent eruption, and calm, loving, and denial. Understand the characteristics of each phase and how they relate to domestic violence.
