19-09 Orders of Protection

Introduction

• The Kansas City Missouri Police Department's Procedural Instruction 19-09 outlines procedures for serving orders of protection and handling violations.

General Information

• Copies of the Order of Protection are furnished to the appropriate county law enforcement agency and petitioner by the issuing court.
• The Order of Protection includes renewal and expiration dates.
• If probable cause exists to believe that an Order of Protection has been violated and the suspect is still at the scene, the officer will effect an arrest.
• The Domestic Violence Section will be notified from the scene on any incident involving an Order of Protection.

Service of an Order of Protection

• When an officer determines that an Order of Protection has not been served to a respondent, the officer will verify the validity of the order.
• Validation process varies depending on the issuing court:
• For Circuit Court of Jackson County, Missouri at Kansas City, contact the Domestic Violence Section.
• For other courts, contact the issuing county law enforcement agency.
• The officer will endorse each "Return for Service" Copy with a signature, serial number, date, location, and time notice was given.
• The officer will retain the “Return for Service” copy on Orders of Protection issued by the Circuit Court of Jackson County, Missouri at Kansas City.
• When serving an Ex-Parte Order of Protection, the petition must be included, and the respondent will be provided with a copy of the Ex-Parte Order and the petition.
• If the respondent refuses to accept the service, the officer will read the order to the respondent and place their copy near the respondent’s person.

Order of Protection Violations

• To verify the existence of an Order of Protection, contact the county law enforcement agency where the petitioner resided at the time of issuance.
• If probable cause exists to believe that a violation of an Order of Protection has occurred, arrest the respondent.

Child Custody Provision Within Orders of Protection

• The officer will adhere to the orders set forth by the judge within the Order of Protection regarding child custody.
• If the existence of an Order of Protection cannot be verified, contact the Domestic Violence Section for further information.

Ex Parte Orders Obtained After Regular Court Hours

• If an officer comes in contact with a victim in need of an Ex Parte Order after regular court hours, contact the Domestic Violence Section for assistance.
• The officer may transport the victim to a shelter to obtain the Ex Parte Order and provide transportation back home upon completion.