77 Questions
What is the primary characteristic of Phase 1 of the cycle of violence?
Tension building, anger, blaming, and arguing
What is the typical outcome of a batterer's attempts to change their behavior?
Temporary cessation of violent behavior to get their partner back
What is the motivation behind a battered woman's attempt to work things out with her partner?
Belief that her partner can control their behavior and change
What is the typical outcome of the cycle of violence once physical abuse has begun?
The violence is unlikely to stop
What is the primary goal of a battered woman in staying in the relationship?
To keep the tensions from building and the abusive, violent incidents from occurring
What is the typical behavior of a batterer during Phase 3 of the cycle of violence?
Remorse, denial, and downplaying the damage
Why might an abused woman fear leaving her abuser?
Because she fears the loss of her children or believes the abuser will harm them
What is a common threat made by an abuser to maintain power and control?
Killing the children or themselves
Under which circumstances is an immediate response to domestic violence calls mandated?
All of the above
What is the definition of a primary physical aggressor?
The most significant aggressor in a physical altercation
What factor is considered when determining the primary physical aggressor?
All of the above
What type of protection order is available in Missouri Revised Statutes?
Ex parte order of protection
What constitutes good cause for an ex parte order of protection?
An immediate and present danger of domestic violence
What happens if a respondent is less than 17 years old?
The case is transferred to juvenile court
What is the effect of not serving an ex parte order on the respondent?
The order remains in effect until a hearing is held
What is the purpose of appointing a guardian ad litem for a respondent?
To protect the respondent's rights and interests
What is the main purpose of an ex parte order of protection?
To protect the petitioner from domestic violence or stalking
What can an ex parte order of protection include, in terms of restrain?
Restraining the respondent from committing or threatening to commit domestic violence
What can a full or ex parte order of protection include, in terms of custody?
Temporary custody of minor children
Under what condition are mutual orders of protection prohibited?
If both parties have not properly filed written petitions
What can an ex parte order of protection restrict, in terms of communication?
Communication in any manner or through any medium
What is a common consequence of a victim realizing she has been tricked by her abuser?
She feels stupid, tricked, and humiliated.
Why might a victim not want to prosecute her abuser?
Because she believes prosecution will have a negative impact on her partner's desire to change.
What is a common tactic used by abusers to maintain control?
Becoming increasingly threatening and violent.
What is a reason why a victim may feel guilty about the abuse?
Because she assumes the blame for the abuse.
What is a result of a victim's emotional dependence on her partner?
She is unsure of her ability to cope with the outside world.
Why might a victim feel isolated?
Because her partner has isolated her from others.
What is a reason why a victim may not know how to access community resources?
Because she is unaware of the resources available.
What is a common attitude that contributes to the normalization of abuse?
The belief that men have a right to use physical violence against their partners.
What is a traditional value system that may deny a victim the option of separation or divorce?
The belief that strong religious convictions deny the option of separation or divorce.
What is a common reason why a victim may want to keep the family together?
Because she believes having a father is more important than anything she can offer her children.
What can the court award when issuing an order of protection, in addition to the protection order itself?
All of the above
What is a condition for the court to award custody of a minor child to one of the parties?
The child's best interests require it and there is no prior order
What can the court order the respondent to do if the respondent is found to have a duty to support the petitioner?
Make or continue to make rent or mortgage payments on a residence
What must a verified petition seeking orders for maintenance, support, custody, and visitation contain?
Allegations relating to the orders desired
What is considered by the court when making an award of custody?
All relevant factors, including the presumption of custody to the non-abusive parent
When can the court limit or deny visitation rights to the noncustodial parent?
If visitation would endanger the child's physical health or impair their emotional development
What can the court order the respondent to pay for, in addition to child support?
All of the above
Who can be appointed to represent the minor child in accordance with chapter 452?
A guardian ad litem or a court-appointed special advocate
What is a condition for the court to order the respondent to participate in a counseling program?
The court determines it is necessary to help the respondent stop violent behavior
What can the court prohibit the respondent from doing?
Transferring, encumbering, or disposing of specified property
What must a threat be against to constitute stalking?
The life of, or a threat to cause physical injury to, the person, the person's family, or the person's household members or domestic animals or livestock
What must law enforcement officials at the scene of an alleged domestic violence incident provide or arrange for the abused party?
Transportation to a medical facility or a place of shelter or safety
What is a requirement for aggravated stalking?
The perpetrator has previously pleaded guilty to or been found guilty of a violation of this section
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 crime of stalking typically classified as?
Class A misdemeanor
What is an exception to the typical classification of stalking as a class A misdemeanor?
If the perpetrator has previously pleaded guilty to or been found guilty of a violation of this section
What is the crime of domestic assault in the second degree if it involves reckless causation of serious physical injury?
Class C felony
What is a requirement for aggravated stalking involving a minor?
The perpetrator is at least 21 years old
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 a circumstance under which a law enforcement officer may arrest without a warrant?
Any person he or she has probable cause to believe has committed stalking
What must the officer at the scene of an alleged domestic violence incident inform the abused party of?
Available judicial remedies for relief from domestic violence and available shelters
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?
Class A misdemeanor
What is the purpose of providing or arranging transportation for the abused party to a medical facility or a place of shelter or safety?
To provide assistance to the abused party
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?
Class B felony
Who is responsible for informing the abused party of available judicial remedies for relief from domestic violence and available shelters?
The officer at the scene
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 no prior order of support is outstanding and all relevant factors have been considered
What is the maximum period of time for which a maintenance order can be granted?
180 days
What is the consequence of violating an ex parte order of protection for the first time?
Class A misdemeanor
When must a peace officer make an arrest?
When probable cause exists to believe the respondent has committed an act of abuse in violation of a protective order
What must a peace officer do when they decline to make an arrest?
Make a written report of the incident
What two services must peace officers provide to victims of domestic violence?
Transportation and shelter
What is required when a law enforcement officer is called to the same address within a 12-hour period?
The officer must arrest the offending party for the subsequent offense
What happens when a person against whom an order of protection has been entered fails to surrender custody of minor children?
The law enforcement officer must arrest the respondent and turn the minor children over to the care and custody of the party to whom such care and custody was awarded
What is the consequence of violating a full order of protection for the first time?
Class A misdemeanor
What is the purpose of a written report made by a peace officer when they decline to make an arrest?
To completely describe the offending party, giving the victim's name, time, address, reason why no arrest was made, and any other pertinent information
What is the minimum requirement for an act to be considered a course of conduct in first-degree stalking?
Two or more acts evidencing a continuity of purpose
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?
Class E felony
What is the definition of a domestic victim?
A person who has been a victim of domestic assault, as defined under section 565.002
What is an example of abuse of an elderly person, a person with a disability, or a vulnerable person?
Purposely engaging in conduct that causes emotional distress to an elderly person
What is the penalty for abuse of an elderly person, a person with a disability, or a vulnerable person?
Class A misdemeanor
What is a credible threat in the context of first-degree stalking?
A threat communicated to the person with the intent to cause fear
What is an example of an act that may be considered domestic assault in the fourth degree?
All of the above
What is the purpose of the provision that excludes constitutionally protected activity from the definition of course of conduct in first-degree stalking?
To protect the rights of individuals who engage in constitutionally protected activity
What is the requirement for a person to be considered an elderly person, a person with a disability, or a vulnerable person?
The person must be determined by the court to be 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?
The person is guilty of abuse of 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.
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.
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