79 Questions
What is required of an officer when they decline to make an arrest pursuant to this subsection?
To make a written report of the incident
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?
The officer shall arrest the offending party
What can be considered as evidence of the defendant's intent in the violation for which arrest occurred?
The primary report of non-arrest in the preceding 12-hour period
What is the definition of the 'primary physical aggressor'?
The most significant aggressor
What is a law enforcement officer investigating an incident of family violence not allowed to do?
Threaten the arrest of all parties
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 shall arrest the respondent
What is the same procedure applied to the respondent as those applied to any individual detained in police custody?
The same procedures designed to protect constitutional rights
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?
A class A misdemeanor unless 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?
The subsequent violation is a class D felony
When can a court issue an ex parte order of protection?
When there is an immediate and present danger of domestic violence to the petitioner or the child on whose behalf the petition is filed
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?
They are immune from liability in any civil action alleging false arrest, false imprisonment, or malicious prosecution
What is the penalty for violating an ex parte order of protection?
Class A misdemeanor
Who may serve process on a respondent who is less than seventeen years of age?
All of the above
What is the purpose of a guardian ad litem in these cases?
To protect the rights and interests of a respondent who 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?
The case is transferred to juvenile court for a hearing on a full order of protection
Can a respondent who is less than seventeen years of age be served with an ex parte order of protection?
No, they must be served through a custodial parent or guardian
What is the effect of failure to serve an ex parte order of protection on the respondent?
The order is valid and binding on the respondent
Under what circumstances may a court deny an ex parte order of protection?
If the petitioner is not authorized to seek relief
What is the purpose of an ex parte order of protection?
To protect the petitioner from the respondent
Can a private cause of action for damages be brought to enforce the provisions of this section?
No, nothing in this section shall be interpreted as creating a private cause of action for damages
What is the term for holding, confining, detaining or abducting another person against that person's will?
Unlawful imprisonment
Which of the following is NOT a factor indicating a need for immediate response by law enforcement agencies?
The caller is a police officer
What is the purpose of a domestic crisis team or specially trained officer?
To deal with family and household quarrels
When can a law enforcement officer arrest an offending party?
When the officer has probable cause to believe a party has committed a violation of law
What is the term for abuse or stalking committed by a family or household member?
Domestic violence
What should law enforcement agencies apply to calls involving alleged incidents of abuse or violation of protection orders?
The same standard as applied to any like offense involving strangers
What should the officer at the scene of an alleged incident of abuse inform the abused party about?
Available judicial remedies for relief from adult abuse
What should law enforcement officials at the scene provide or arrange for the abused party?
Transportation to a medical facility or a place of shelter or safety
Who may be included in the definition of a 'family or household member'?
Spouses, former spouses, adults related by blood or marriage, and adults who have a child in common, regardless of whether they have been married or have resided together at any time
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?
To ensure an effective response to alleged incidents of abuse
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, stalking, or sexual assault
What is a condition under which a spouse may be denied relief pursuant to this section?
If the spouse has no property interest in the dwelling unit
What type of order may be granted by the court to protect the petitioner's minor children?
Temporary order of custody
What is a restriction that may be included in an ex parte order of protection?
Restraining the respondent from communicating with the petitioner in any manner or through any medium
Under what circumstances may a mutual order of protection be granted?
When both parties have properly filed written petitions and proper service has been made
What is the purpose of a full or ex parte order of protection?
To protect the petitioner from domestic violence, stalking, or sexual assault
What is a circumstance under which a respondent may be restrained from entering the premises of the dwelling unit of the petitioner?
When the dwelling unit is jointly occupied by the petitioner and a person other than respondent
What is an additional relief that may be granted by the court in an ex parte order of protection?
Transfer of billing responsibility of wireless telephone
What is the definition of 'domestic violence' according to Section 455.200?
Attempting to cause or causing bodily injury to a family or household member, or placing a family or household member by threat of force in fear of imminent physical harm
What is included in the definition of 'abuse' according to Section 455.010?
Assault, battery, coercion, and harassment
What is the definition of 'assault' according to Section 455.010?
Purposely or knowingly placing or attempting to place another in fear of physical harm
What does the section specify regarding elderly persons, persons with disabilities, or vulnerable persons relying on spiritual means for healthcare?
They are exempt from abuse if they provide explicit consent.
What is meant by 'disturbs' in the context of stalking in the first degree?
To engage in a course of conduct that causes a reasonable person emotional distress.
What is required for a threat to be considered in the context of stalking in the first degree?
The threat must be communicated with the intent to cause fear.
What is the consequence of a person making a threat in the context of stalking in the first degree?
The person is guilty of stalking in the first degree.
What is the purpose of the section regarding elderly persons, persons with disabilities, or vulnerable persons?
To protect them from abuse.
What is a key element of stalking in the first degree?
Disturbing someone with the intent to cause emotional distress.
What is the significance of explicit consent in the context of elderly persons, persons with disabilities, or vulnerable persons?
It allows them to rely on spiritual means for healthcare.
What is a key distinction between stalking in the first degree and other forms of stalking?
The presence of a threat.
What is the class of felony for domestic assault in the second degree?
Class D
What is the minimum requirement for a person to be guilty of domestic assault in the third degree?
Attempting to cause physical injury
What is the class of felony for domestic assault in the third degree?
Class E
What is the minimum requirement for a person to be guilty of domestic assault in the fourth degree?
Attempting to cause physical injury
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?
Class E
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?
Purposely engaging in conduct involving more than one incident that causes emotional distress
What is the class of felony for abuse of an elderly person, a person with a disability, or a vulnerable person?
Class A
What is the penalty for domestic assault in the second degree if the person uses a deadly weapon?
Class D felony
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?
No change in penalty
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?
Attempting to cause physical injury
What is the primary consideration when the court awards custody of a minor child?
The best interests of the child
Under what circumstances can the court award maintenance to a petitioner?
When the petitioner and respondent are lawfully married
What is the purpose of a court-approved counseling program ordered by the court?
To rehabilitate the respondent and prevent future violence
What type of evidence must be provided in a petition seeking orders for maintenance or support?
Allegations relating to the desired orders
Under what circumstances can the court prohibit the transfer of specified property?
When the property is mutually owned or leased by the parties
What is the purpose of a guardian ad litem or court-appointed special advocate in custody proceedings?
To represent the minor child's interests
What is the primary consideration when the court establishes a visitation schedule?
The best interests of the child
When can the court order the respondent to pay a reasonable fee for housing and other services?
When the petitioner has been provided services by a shelter for victims of domestic violence
What is the purpose of a verified petition seeking orders for maintenance, support, custody, or visitation?
To contain allegations and pray for specific orders
When can the court order the respondent to pay the cost of medical treatment and services?
When the respondent has been found to have engaged in domestic violence
What is the maximum period of time for which a maintenance order may be granted to a party?
One hundred eighty days
What is the primary purpose of the court ordering the transfer of a wireless telephone number to a petitioner?
To ensure the petitioner can maintain an existing wireless telephone number
What is the consequence of a wireless service provider's inability to operationally or technically effectuate the order due to certain circumstances?
The wireless service provider is required to notify the petitioner within three business days
What is the responsibility of the petitioner after the transfer of billing responsibility for a wireless telephone number?
The petitioner assumes all financial responsibility for the transferred wireless telephone number
What is the limitation on the court's ability to issue an order transferring a wireless telephone number?
The court can issue an order after notice and an opportunity to be heard
What is the definition of a 'wireless service provider' in this section?
A provider of commercial mobile service under Section 332(d) of the Federal Telecommunications Act of 1996
What is the purpose of the court ensuring that the contact information of the petitioner is not provided to the accountholder?
To ensure the petitioner's safety
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?
The wireless service provider is exempt from liability for any damages
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?
The court's order transferring a wireless telephone number does not affect the ability to apportion the assets and debts of the parties
What is the requirement for the court when issuing an order transferring a wireless telephone number?
The court must provide notice and an opportunity to be heard
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
-
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.
-
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.
This quiz covers the definitions and laws related to domestic violence, including protective orders and shelters for adults and children.
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