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Questions and Answers
What is required of an officer when they decline to make an arrest pursuant to this subsection?
What is required of an officer when they decline to make an arrest pursuant to this subsection?
What happens when a law enforcement officer is called to the same address within a 12-hour period and finds probable cause to believe the same offender has committed another violation?
What happens when a law enforcement officer is called to the same address within a 12-hour period and finds probable cause to believe the same offender has committed another violation?
What can be considered as evidence of the defendant's intent in the violation for which arrest occurred?
What can be considered as evidence of the defendant's intent in the violation for which arrest occurred?
What is the definition of the 'primary physical aggressor'?
What is the definition of the 'primary physical aggressor'?
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What is a law enforcement officer investigating an incident of family violence not allowed to do?
What is a law enforcement officer investigating an incident of family violence not allowed to do?
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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?
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What is the same procedure applied to the respondent as those applied to any individual detained in police custody?
What is the same procedure applied to the respondent as those applied to any individual detained in police custody?
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What is the consequence of a violation of the terms and conditions of an ex parte order of protection with regard to abuse, stalking, child custody, communication initiated by the respondent or entrance upon the premises of the petitioner's dwelling unit?
What is the consequence of a violation of the terms and conditions of an ex parte order of protection with regard to abuse, stalking, child custody, communication initiated by the respondent or entrance upon the premises of the petitioner's dwelling unit?
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What happens if the respondent has previously pleaded guilty to or has been found guilty of violating an ex parte order of protection or a full order of protection within five years?
What happens if the respondent has previously pleaded guilty to or has been found guilty of violating an ex parte order of protection or a full order of protection within five years?
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When can a court issue an ex parte order of protection?
When can a court issue an ex parte order of protection?
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What is the liability of the arresting and assisting law enforcement officers and their employing entities and superiors in an arrest in which they acted in good faith reliance on this section?
What is the liability of the arresting and assisting law enforcement officers and their employing entities and superiors in an arrest in which they acted in good faith reliance on this section?
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What is the penalty for violating an ex parte order of protection?
What is the penalty for violating an ex parte order of protection?
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Who may serve process on a respondent who is less than seventeen years of age?
Who may serve process on a respondent who is less than seventeen years of age?
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What is the purpose of a guardian ad litem in these cases?
What is the purpose of a guardian ad litem in these cases?
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What happens to a case if an ex parte order is entered and the respondent is less than seventeen years of age?
What happens to a case if an ex parte order is entered and the respondent is less than seventeen years of age?
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Can a respondent who is less than seventeen years of age be served with an ex parte order of protection?
Can a respondent who is less than seventeen years of age be served with an ex parte order of protection?
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What is the effect of failure to serve an ex parte order of protection on the respondent?
What is the effect of failure to serve an ex parte order of protection on the respondent?
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Under what circumstances may a court deny an ex parte order of protection?
Under what circumstances may a court deny an ex parte order of protection?
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What is the purpose of an ex parte order of protection?
What is the purpose of an ex parte order of protection?
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Can a private cause of action for damages be brought to enforce the provisions of this section?
Can a private cause of action for damages be brought to enforce the provisions of this section?
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What is the term for holding, confining, detaining or abducting another person against that person's will?
What is the term for holding, confining, detaining or abducting another person against that person's will?
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Which of the following is NOT a factor indicating a need for immediate response by law enforcement agencies?
Which of the following is NOT a factor indicating a need for immediate response by law enforcement agencies?
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What is the purpose of a domestic crisis team or specially trained officer?
What is the purpose of a domestic crisis team or specially trained officer?
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When can a law enforcement officer arrest an offending party?
When can a law enforcement officer arrest an offending party?
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What is the term for abuse or stalking committed by a family or household member?
What is the term for abuse or stalking committed by a family or household member?
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What should law enforcement agencies apply to calls involving alleged incidents of abuse or violation of protection orders?
What should law enforcement agencies apply to calls involving alleged incidents of abuse or violation of protection orders?
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What should the officer at the scene of an alleged incident of abuse inform the abused party about?
What should the officer at the scene of an alleged incident of abuse inform the abused party about?
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What should law enforcement officials at the scene provide or arrange for the abused party?
What should law enforcement officials at the scene provide or arrange for the abused party?
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Who may be included in the definition of a 'family or household member'?
Who may be included in the definition of a 'family or household member'?
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What is the purpose of establishing procedures for law enforcement agencies to ensure that dispatchers and officers can be informed of any recorded prior incident of abuse?
What is the purpose of establishing procedures for law enforcement agencies to ensure that dispatchers and officers can be informed of any recorded prior incident of abuse?
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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 a condition under which a spouse may be denied relief pursuant to this section?
What is a condition under which a spouse may be denied relief pursuant to this section?
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What type of order may be granted by the court to protect the petitioner's minor children?
What type of order may be granted by the court to protect the petitioner's minor children?
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What is a restriction that may be included in an ex parte order of protection?
What is a restriction that may be included in an ex parte order of protection?
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Under what circumstances may a mutual order of protection be granted?
Under what circumstances may a mutual order of protection be granted?
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What is the purpose of a full or ex parte order of protection?
What is the purpose of a full or ex parte order of protection?
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What is a circumstance under which a respondent may be restrained from entering the premises of the dwelling unit of the petitioner?
What is a circumstance under which a respondent may be restrained from entering the premises of the dwelling unit of the petitioner?
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What is an additional relief that may be granted by the court in an ex parte order of protection?
What is an additional relief that may be granted by the court in an ex parte order of protection?
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What is the definition of 'domestic violence' according to Section 455.200?
What is the definition of 'domestic violence' according to Section 455.200?
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What is included in the definition of 'abuse' according to Section 455.010?
What is included in the definition of 'abuse' according to Section 455.010?
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What is the definition of 'assault' according to Section 455.010?
What is the definition of 'assault' according to Section 455.010?
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What does the section specify regarding elderly persons, persons with disabilities, or vulnerable persons relying on spiritual means for healthcare?
What does the section specify regarding elderly persons, persons with disabilities, or vulnerable persons relying on spiritual means for healthcare?
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What is meant by 'disturbs' in the context of stalking in the first degree?
What is meant by 'disturbs' in the context of stalking in the first degree?
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What is required for a threat to be considered in the context of stalking in the first degree?
What is required for a threat to be considered in the context of stalking in the first degree?
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What is the consequence of a person making a threat in the context of stalking in the first degree?
What is the consequence of a person making a threat in the context of stalking in the first degree?
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What is the purpose of the section regarding elderly persons, persons with disabilities, or vulnerable persons?
What is the purpose of the section regarding elderly persons, persons with disabilities, or vulnerable persons?
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What is a key element of stalking in the first degree?
What is a key element of stalking in the first degree?
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What is the significance of explicit consent in the context of elderly persons, persons with disabilities, or vulnerable persons?
What is the significance of explicit consent in the context of elderly persons, persons with disabilities, or vulnerable persons?
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What is a key distinction between stalking in the first degree and other forms of stalking?
What is a key distinction between stalking in the first degree and other forms of stalking?
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What is the class of felony for domestic assault in the second degree?
What is the class of felony for domestic assault in the second degree?
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What is the minimum requirement for a person to be guilty of domestic assault in the third degree?
What is the minimum requirement for a person to be guilty of domestic assault in the third degree?
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What is the class of felony for domestic assault in the third degree?
What is the class of felony for domestic assault in the third degree?
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What is the minimum requirement for a person to be guilty of domestic assault in the fourth degree?
What is the minimum requirement for a person to be guilty of domestic assault in the fourth degree?
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What is the class of felony 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 class of felony 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?
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What is the minimum requirement for a person to be guilty of abuse of an elderly person, a person with a disability, or a vulnerable person?
What is the minimum requirement for a person to be guilty of abuse of an elderly person, a person with a disability, or a vulnerable person?
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What is the class of felony for abuse of an elderly person, a person with a disability, or a vulnerable person?
What is the class of felony for abuse of an elderly person, a person with a disability, or a vulnerable person?
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What is the penalty for domestic assault in the second degree if the person uses a deadly weapon?
What is the penalty for domestic assault in the second degree if the person uses a deadly weapon?
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What is the penalty for domestic assault in the third 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 third degree if the person has previously been found guilty of the offense of assault of a domestic victim two or more times?
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What is the minimum requirement for a person to be guilty of domestic assault in the fourth degree if they attempt to cause physical injury to a domestic victim?
What is the minimum requirement for a person to be guilty of domestic assault in the fourth degree if they attempt to cause physical injury to a domestic victim?
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What is the primary consideration when the court awards custody of a minor child?
What is the primary consideration when the court awards custody of a minor child?
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Under what circumstances can the court award maintenance to a petitioner?
Under what circumstances can the court award maintenance to a petitioner?
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What is the purpose of a court-approved counseling program ordered by the court?
What is the purpose of a court-approved counseling program ordered by the court?
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What type of evidence must be provided in a petition seeking orders for maintenance or support?
What type of evidence must be provided in a petition seeking orders for maintenance or support?
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Under what circumstances can the court prohibit the transfer of specified property?
Under what circumstances can the court prohibit the transfer of specified property?
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What is the purpose of a guardian ad litem or court-appointed special advocate in custody proceedings?
What is the purpose of a guardian ad litem or court-appointed special advocate in custody proceedings?
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What is the primary consideration when the court establishes a visitation schedule?
What is the primary consideration when the court establishes a visitation schedule?
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When can the court order the respondent to pay a reasonable fee for housing and other services?
When can the court order the respondent to pay a reasonable fee for housing and other services?
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What is the purpose of a verified petition seeking orders for maintenance, support, custody, or visitation?
What is the purpose of a verified petition seeking orders for maintenance, support, custody, or visitation?
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When can the court order the respondent to pay the cost of medical treatment and services?
When can the court order the respondent to pay the cost of medical treatment and services?
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What is the maximum period of time for which a maintenance order may be granted to a party?
What is the maximum period of time for which a maintenance order may be granted to a party?
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What is the primary purpose of the court ordering the transfer of a wireless telephone number to a petitioner?
What is the primary purpose of the court ordering the transfer of a wireless telephone number to a petitioner?
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What is the consequence of a wireless service provider's inability to operationally or technically effectuate the order due to certain circumstances?
What is the consequence of a wireless service provider's inability to operationally or technically effectuate the order due to certain circumstances?
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What is the responsibility of the petitioner after the transfer of billing responsibility for a wireless telephone number?
What is the responsibility of the petitioner after the transfer of billing responsibility for a wireless telephone number?
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What is the limitation on the court's ability to issue an order transferring a wireless telephone number?
What is the limitation on the court's ability to issue an order transferring a wireless telephone number?
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What is the definition of a 'wireless service provider' in this section?
What is the definition of a 'wireless service provider' in this section?
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What is the purpose of the court ensuring that the contact information of the petitioner is not provided to the accountholder?
What is the purpose of the court ensuring that the contact information of the petitioner is not provided to the accountholder?
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What is the consequence of a wireless service provider's actions taken in accordance with the terms of a court order issued under this section?
What is the consequence of a wireless service provider's actions taken in accordance with the terms of a court order issued under this section?
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What is the relationship between the court's order transferring a wireless telephone number and the ability to apportion the assets and debts of the parties?
What is the relationship between the court's order transferring a wireless telephone number and the ability to apportion the assets and debts of the parties?
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What is the requirement for the court when issuing an order transferring a wireless telephone number?
What is the requirement for the court when issuing an order transferring a wireless telephone number?
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Study Notes
Definitions of Abuse and Domestic Violence
- "Domestic violence" is defined as attempting to cause or causing bodily injury to a family or household member, or placing a family or household member in fear of imminent physical harm.
- "Abuse" includes but is not limited to assault, battery, coercion, harassment, sexual assault, and unlawful imprisonment.
- "Family or household member" includes spouses, former spouses, adults related by blood or marriage, adults who are or have been in a romantic or intimate relationship, and adults who have a child in common.
Law Enforcement Response to Alleged Incidents of Abuse
- Law enforcement agencies must respond to alleged incidents of abuse in the same manner as other crimes, without assigning lower priority.
- Officers should inform the abused party of available judicial remedies and shelters for victims of domestic violence.
- Officers may dispatch a crisis team or specially trained officer to the scene of the incident, and provide or arrange transportation to a medical facility or place of shelter or safety.
Arrest for Violation of Order
- A law enforcement officer may arrest a party who has violated an order of protection if there is probable cause to believe the violation occurred.
- The officer should arrest the primary physical aggressor, considering factors such as intent, comparative extent of injuries, and history of domestic violence.
Protection Orders
- An ex parte order of protection may be issued immediately upon filing a verified petition, with good cause shown in the petition.
- A full order of protection may include restraining the respondent from committing or threatening domestic violence, stalking, or sexual assault, and from entering the premises of the petitioner's dwelling unit.
- A full order of protection may also include terms such as temporary custody of minor children, awarding child support, and prohibiting the transfer of specified property.
Relief Available
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A full or ex parte order of protection may include relief such as:
- Temporarily enjoining the respondent from committing or threatening domestic violence, stalking, or sexual assault.
- Temporarily enjoining the respondent from entering the premises of the petitioner's dwelling unit.
- Temporarily enjoining the respondent from communicating with the petitioner.
- Awarding custody of minor children and establishing a visitation schedule.
- Awarding child support and maintenance to the petitioner.### Child Custody and Visitation
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The court grants noncustodial parents visitation rights with their minor children unless it poses a risk to the child's physical or emotional well-being, or conflicts with the child's best interests.
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The court may appoint a guardian ad litem or court-appointed special advocate to represent the minor child if the custodial parent alleges that visitation would harm the child.
Child Support
- The court orders noncustodial parents to pay a reasonable amount for child support, considering all relevant factors, in accordance with Missouri Supreme Court Rule 88.01 and chapter 452.
Maintenance Orders
- The court may grant maintenance orders to a party for a maximum of 180 days, in accordance with chapter 452.
Wireless Telephone Number Transfer
- The court may issue an order to transfer a wireless telephone number to a petitioner, ensuring they can maintain their existing number, after providing notice and an opportunity to be heard.
- The order must include the accountholder's name and billing telephone number, the petitioner's contact information, and the telephone number to be transferred.
- The wireless service provider must be notified, and they may decline the transfer if they cannot operationally or technically effectuate the order.
Domestic Assault
- Domestic assault in the second degree involves physical injury or reckless behavior that causes serious physical injury or physical injury by a deadly weapon, and is a class D felony.
- Domestic assault in the third degree involves attempting to cause physical injury or knowingly causing physical pain or illness, and is a class E felony.
- Domestic assault in the fourth degree involves physical injury, reckless behavior, or attempts to cause physical injury, and is a class A misdemeanor, unless the person has two or more prior convictions, in which case it is a class E felony.
Abuse of an Elderly Person, a Person with a Disability, or a Vulnerable Person
- Abuse involves purposely engaging in conduct that causes emotional distress, intentionally failing to provide care, or knowingly acting or failing to act in a way that risks the person's life, body, or health, and is a class A misdemeanor.
- The offense does not apply to cases where the person chooses to rely on spiritual means for their health care.
Stalking
- Stalking in the first degree involves making a threat that causes a reasonable person to fear for their safety or the safety of their family or household members, and is a class A felony.
- The threat must be against the person's life, a threat to cause physical injury, or a threat of kidnapping.
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Description
This quiz covers the definitions and laws related to domestic violence, including protective orders and shelters for adults and children.