Missouri Domestic Violence Laws
- The state of Missouri offers victims of domestic violence two means of protection.missouri outline image by Kim Jones from Fotolia.com
State law in Missouri classifies domestic abuse as being "assault, battery, coercion, harassment, sexual assault, stalking or unlawful imprisonment" of one individual by another. The state offers victims two means of protection--one to provide relief on an immediate basis and another that is more long term. - "Ex parte" is a legal term that means you can file your grievance without notice to the other party. Under Sections 455.010 through 455.085 of the Missouri code, ex parte orders of protection are designed to protect you only until a hearing can be scheduled to determine if more permanent measures are warranted, usually within 15 days. The temporary provisions go into effect immediately with or without notice to the abuser. You can file for an ex parte order in circuit court, and under Missouri's Adult Abuse Act, the court clerks are required by law to assist and explain the procedure to you.
- When you receive your ex parte order, you'll be given a date for a hearing when you'll request a more permanent order. Full orders are good for six months to a year, depending on the details of your particular situation. The court has the power to order for child support, custody and visitation during this hearing if children are involved. The details of your order will be entered into the Missouri Uniform Enforcement System within one day so police are aware of your situation.
- Your full order can be extended twice according to Missouri law, but not until the duration of the initial order has run out. While extensions require that you must once again appear before a judge, it is not necessary that your abuser have broken the existing order for you to apply for an extension.
- If your abuser breaks your order of protection, you should immediately contact the police. Violations are punishable in Missouri from a $1,000 fine and a year in jail for a Class A misdemeanor to a $5,000 fine and five years in jail on a Class D felony if your abuser is a repeat offender and has previously broken your order.
- Missouri has an extensive Victim Advocate Unit, generally located in the prosecutor's office of your county. Shelters and safe homes are available in 52 cities. For a complete list of locations, consult the website of the Office of the Missouri Attorney General.
- In 2009, Missouri made three notable amendments to its domestic violence laws. Revised Section 455.010 now allows victims as young as 17 years old to seek an order of protection without involving a parent, guardian or social services. Revised Section 217.439 provides that if your abuser has been incarcerated, you are entitled to a current photograph of him before he is released from prison and is able to approach you again. Revised Section 565.063.1 (c) allows that Missouri courts can consider offenses that occurred in other states when weighing prior offenses here.
