Domestic Violence Definitions

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What does the term 'domestic violence' include?

Only placing a family or household member by threat of force in fear of imminent physical harm

Assaulting or coercing a family or household member

Only attempting to cause bodily injury to a family or household member

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 (correct)

What is the definition of 'abuse' in the context of adults and children?

Only purposely causing physical harm to another person

Includes but is not limited to assault, battery, coercion, and harassment (correct)

Purposely or knowingly placing or attempting to place another in fear of physical harm

Only attempting to cause physical harm to another person

What is the definition of 'coercion'?

Compelling another by force or threat of force to engage in conduct (correct)

Purposely or knowingly placing or attempting to place another in fear of physical harm

Purposely or knowingly causing physical harm to another person

Engaging in a purposeful or knowing course of conduct that alarms or causes distress to another adult

What is the definition of 'harassment'?

Engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to another adult Signup and view all the answers

What is 'assault' in the context of abuse?

Purposely or knowingly placing or attempting to place another in fear of physical harm Signup and view all the answers

What is 'battery' in the context of abuse?

Purposely or knowingly causing physical harm to another person with or without a deadly weapon Signup and view all the answers

What is the circumstance under which a law enforcement officer can arrest a party?

When the party has committed a violation of law amounting to abuse or assault against a family or household member Signup and view all the answers

What must the officer do when they decline to make an arrest?

Make a written report of the incident Signup and view all the answers

What can a subsequent officer called to the same address do if they find probable cause to believe the same offender has again committed a violation?

Arrest the offending party for the subsequent offense Signup and view all the answers

What is the primary report of nonarrest used as in subsequent proceedings?

As evidence of the defendant's intent Signup and view all the answers

What is a necessary condition for the course of conduct to be considered substantial emotional distress?

It must cause substantial emotional distress to the petitioner. Signup and view all the answers

What is the officer's duty when a party has committed an act of abuse in violation of a protective order?

To arrest the offending party-respondent Signup and view all the answers

What is included in the definition of 'domestic violence'?

Abuse or stalking committed by a family or household member. Signup and view all the answers

What is not a requirement for an officer making an arrest?

To arrest two parties involved in an assault Signup and view all the answers

What is a factor in determining the primary physical aggressor?

The comparative extent of injuries inflicted or serious threats creating fear of physical injury Signup and view all the answers

Who is considered a family or household member?

Spouses, former spouses, adults related by blood or marriage, and adults who are presently residing together or have resided together in the past. Signup and view all the answers

What should law enforcement agencies do when responding to alleged incidents of abuse?

Apply the same standard for response to an alleged incident of abuse as applied to any like offense involving strangers. Signup and view all the answers

What is prohibited for law enforcement officers investigating an incident of family violence?

Threatening the arrest of all parties Signup and view all the answers

What factors indicate a need for immediate response by law enforcement agencies?

The caller indicates that violence is imminent or in progress, a protection order is in effect, or the caller indicates that incidents of domestic violence have occurred previously between the parties. Signup and view all the answers

What is the consequence for a law enforcement officer who acts in good faith reliance on this section?

Immunity from liability in a civil action Signup and view all the answers

What may law enforcement agencies establish to respond to alleged incidents of abuse?

A crisis team or individual officers trained in methods of dealing with family and household quarrels. Signup and view all the answers

What is the officer's duty when a person against whom an order of protection has been entered fails to surrender custody of minor children?

To arrest the respondent Signup and view all the answers

What should the officer at the scene of an alleged incident of abuse do?

Inform the abused party of available judicial remedies for relief from adult abuse and of available shelters for victims of domestic violence. Signup and view all the answers

What should law enforcement officials at the scene do for the abused party?

Provide or arrange transportation for the abused party to a medical facility for treatment of injuries or to a place of shelter or safety. Signup and view all the answers

What is the purpose of a crisis team or individual officers trained in methods of dealing with family and household quarrels?

To supplement social workers, ministers, or other persons trained in counseling or crisis intervention. Signup and view all the answers

What is the purpose of Section 455.080?

To establish procedures for law enforcement agencies to respond to alleged incidents of abuse or violation of an order of protection. Signup and view all the answers

What is the classification of a violation of an ex parte order of protection with prior guilty pleas or findings of guilt?

Class D felony Signup and view all the answers

When does an ex parte order of protection take effect?

When the court enters the order Signup and view all the answers

What happens if the court denies an ex parte order of protection?

The petition is dismissed Signup and view all the answers

What constitutes notice of an order of protection?

Presentation of a copy by a law enforcement officer Signup and view all the answers

What is the purpose of good cause shown in the petition?

To establish immediate and present danger Signup and view all the answers

What happens if a respondent violates a full order of protection?

It is a class D felony, unless there are prior guilty pleas Signup and view all the answers

Who decides the extent or duration of a sentence or disposition?

The court Signup and view all the answers

When serving a respondent under seventeen years of age, who should be served?

A custodial parent or guardian of the respondent Signup and view all the answers

What is a good faith attempt to effect, according to the law?

A reconciliation of a marriage Signup and view all the answers

What happens if the petitioner is not authorized to seek relief?

The petition is denied Signup and view all the answers

What happens to a case involving a respondent under seventeen when an ex parte order is entered?

The case is transferred to juvenile court Signup and view all the answers

Who can file a petition under sections 455.010 to 455.085?

Both adults and minors Signup and view all the answers

What is the primary purpose of an ex parte order of protection?

To protect the petitioner from domestic violence, stalking, or sexual assault Signup and view all the answers

What can an ex parte order of protection include?

Restraining the respondent from committing or threatening to commit domestic violence Signup and view all the answers

Who can file a petition for a full or ex parte order of protection?

Either the petitioner or the respondent Signup and view all the answers

What is required for a mutual order of protection to be granted?

Both parties must have filed written petitions and proper service has been made Signup and view all the answers

What is NOT a possible term in a full or ex parte order of protection?

Requiring the respondent to pay alimony Signup and view all the answers

When can the court appoint a guardian ad litem for a respondent under seventeen?

Only if the respondent is not represented by a parent or guardian Signup and view all the answers

What can a full or ex parte order of protection include regarding the petitioner's dwelling unit?

Restraining the respondent from entering the dwelling unit Signup and view all the answers

What is NOT true about a full or ex parte order of protection?

It can include requiring the respondent to pay a fine Signup and view all the answers

What can the court award in addition to an order of protection, when it has jurisdiction over the child and no prior order regarding custody is pending or has been made?

Custody of a minor child, a visitation schedule, and child support Signup and view all the answers

What can the court order the respondent to do in relation to a residence occupied by the petitioner?

Make or continue to make rent or mortgage payments Signup and view all the answers

What can the court order the respondent to pay in relation to the petitioner's housing needs?

Rent at a different residence, if the petitioner requests alternative housing Signup and view all the answers

What can the court order the respondent to participate in?

A court-approved counseling program or a substance abuse treatment program Signup and view all the answers

What is the purpose of the court's order regarding a noncustodial party?

To require the noncustodial party to pay support for a child Signup and view all the answers

What is the maximum period for a maintenance order granted by the court?

One hundred eighty days Signup and view all the answers

What can the court order the respondent to pay in relation to a shelter for victims of domestic violence?

A reasonable fee for housing and other services provided by the shelter Signup and view all the answers

What must a verified petition contain, in relation to orders for maintenance, support, custody, visitation, payment of rent, payment of monetary compensation, possession of personal property, prohibiting the transfer, encumbrance, or disposal of property, or payment for services of a shelter for victims of domestic violence?

Allegations relating to those orders and a prayer for the orders desired Signup and view all the answers

What is the purpose of the court's order directing a wireless service provider to transfer a wireless telephone number?

To ensure the petitioner can maintain an existing wireless telephone number Signup and view all the answers

What is the presumption in making an award of custody, unless there is evidence that both parents have engaged in abusive behavior?

That the best interests of the child will be served by placing the child in the custody of the non-abusive parent Signup and view all the answers

What information must the order transferring billing responsibility for a wireless telephone number include?

The name and billing telephone number of the accountholder, and the contact information of the person to whom the telephone number will be transferred Signup and view all the answers

When can the court grant visitation rights to the noncustodial parent?

Unless the court finds that visitation would endanger the child's physical health, impair the child's emotional development, or would otherwise conflict with the best interests of the child Signup and view all the answers

What happens if a wireless service provider cannot operationally or technically effectuate the order?

The wireless service provider will notify the petitioner within three business days Signup and view all the answers

What is the financial responsibility of the petitioner after the transfer of billing responsibility for a wireless telephone number?

The petitioner is responsible for monthly service costs and costs for any mobile device associated with the wireless telephone number Signup and view all the answers

Who can the court appoint to represent the minor child in accordance with chapter 452?

Either a guardian ad litem or a court-appointed special advocate Signup and view all the answers

When can the court appoint a guardian ad litem or court-appointed special advocate to represent the minor child?

Only when the custodial parent alleges that visitation with the noncustodial parent will damage the minor child Signup and view all the answers

What is the limitation of the court's order regarding the transfer of a wireless telephone number?

It does not affect the ability of the court to apportion the assets and debts of the parties Signup and view all the answers

What is the liability of a wireless service provider for actions taken in accordance with the court order?

The wireless service provider is not liable for any actions taken in accordance with the court order Signup and view all the answers

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 Signup and view all the answers

What chapter of the law does the court's order regarding maintenance comply with?

Chapter 452 Signup and view all the answers

Study Notes

Definitions

"Domestic violence" refers to 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:
- Assault: purposely or knowingly placing or attempting to place another in fear of physical harm
- Battery: purposely or knowingly causing physical harm to another with or without a deadly weapon
- Coercion: compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage
- Harassment: engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to another adult and serves no legitimate purpose
- Sexual assault: causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress
- Unlawful imprisonment: holding, confining, detaining, or abducting another person against that person's will
"Family" or "household member" includes:
- Spouses, former spouses, adults related by blood or marriage, adults who are presently residing together or have resided together in the past
- Adults who are or have been in a continuing social relationship of a romantic or intimate nature with the victim
- Adults who have a child in common regardless of whether they have been married or have resided together at any time

Law Enforcement Response

Law enforcement agencies may establish procedures to ensure that dispatchers and officers at the scene of an alleged incident of abuse or violation of an order of protection can be informed of any recorded prior incident of abuse involving the abused party and can verify the effective dates and terms of any recorded order of protection.
Law enforcement agencies shall not assign lower priority to calls involving alleged incidents of abuse or violation of protection orders than is assigned to offenses involving strangers.
Existence of certain factors, such as violence or imminent threat of violence, shall be interpreted as indicating a need for immediate response.

Arrest and Immunity

A law enforcement officer may arrest a party who has committed a violation of law amounting to abuse or assault against a family or household member.
A law enforcement officer may arrest a party who has violated a protective order, whether or not the violation occurred in the presence of the arresting officer.
Law enforcement officers who act in good faith reliance on this section shall be immune from liability in any civil action alleging false arrest, false imprisonment, or malicious prosecution.

Protection Orders

An ex parte order of protection may be issued upon the filing of a verified petition and for good cause shown in the petition.
An ex parte order of protection may include:
- Restraining the respondent from committing or threatening to commit domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the petitioner
- Restraining the respondent from entering the premises of the dwelling unit of the petitioner
- Restraining the respondent from communicating with the petitioner in any manner or through any medium
- Awarding temporary custody of minor children
A full order of protection may include:
- Temporarily enjoining the respondent from committing or threatening to commit domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the petitioner
- Temporarily enjoining the respondent from entering the premises of the dwelling unit of the petitioner
- Temporarily enjoining the respondent from communicating with the petitioner in any manner or through any medium
- Awarding custody of minor children
- Establishing a visitation schedule
- Awarding child support
- Awarding maintenance to the petitioner### Guardian Ad Litem and Court-Appointed Special Advocate
A guardian ad litem or court-appointed special advocate may be appointed by the court to represent the minor child in cases where the custodial parent claims visitation with the noncustodial parent will harm the child.

Child Support Orders

The court may order the noncustodial parent to pay a reasonable amount for the child's support, considering all relevant factors, in accordance with Missouri Supreme Court Rule 88.01 and Chapter 452.

Maintenance Orders

The court may grant a maintenance order to a party for a period not exceeding 180 days, in accordance with Chapter 452.

Wireless Telephone Number Transfer

The court may issue an order to transfer the billing responsibility and rights to a wireless telephone number to the petitioner, ensuring they can maintain their existing number.
The order must include the accountholder's name and billing telephone number, the petitioner's contact information, and the telephone numbers to be transferred.
The court shall ensure the petitioner's contact information is not provided to the accountholder.
The wireless service provider must be notified, and they may notify the petitioner if they cannot operationally or technically effectuate the order due to certain circumstances.

Financial Responsibility and Wireless Service Providers

Upon transfer of billing responsibility, the petitioner assumes all financial responsibility for the transferred wireless telephone number, monthly service costs, and costs for associated mobile devices.
Wireless service providers may apply routine and customary requirements for account establishment to the petitioner.
The section does not affect the court's ability to apportion assets and debts or determine temporary use, possession, and control of personal property.
No cause of action lies against wireless service providers or their agents for actions taken in accordance with the court order.

Definitions

A "wireless service provider" means a provider of commercial mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.

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Description

This quiz covers definitions related to domestic violence, including abuse and shelters, as outlined in sections 455.010 to 455.230.