Domestic Violence Definitions

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.