[Ord. No. 2281 §1, 2-27-2001; Ord. No. 2445 §1, 10-10-2005]
A. This
Section shall be known and cited as the "Domestic and Family Violence
Code".
B. This
Section shall be construed to promote:
1. The protection and safety of all victims of domestic or family violence
in a fair, prompt and effective manner;
2. The prevention of future violence in all families; and
C. Definitions. Unless the context otherwise requires, as used
in this Section:
DOMESTIC OR FAMILY VIOLENCE
The occurrence of one (1) or more of the acts listed under Subsection
(D) of this Section and done by a family or household member, but does not include acts of self-defense.
FAMILY OR HOUSEHOLD MEMBERS
Include
1.
Persons who are current or former spouses;
2.
Persons who live together or who have lived together;
3.
Persons who are dating or who have dated;
4.
Persons who are engaged in or who have engaged in a sexual relationship;
5.
Persons who are related by blood or adoption;
6.
Persons who are related or formerly related by marriage; and
7.
Persons who have a child in common.
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For the purposes of this Section, minor children who are seventeen
(17) years of age or under of a person in a relationship that is described
in Subparagraphs (1) through (7) can be included as victims; and minor
children who are seventeen (17) years of age or under of a person
in a relationship that is described in Subparagraphs (1) through (7)
can be included in the list of perpetrators.
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PROGRAM FOR VICTIMS OF DOMESTIC OR FAMILY VIOLENCE
A specialized program for victims of domestic or family violence
and their children that provides advocacy, shelter, crisis intervention,
social services, treatment, counseling, education or training.
PROGRAM OF INTERVENTION FOR PERPETRATORS
A specialized program that accepts perpetrators of domestic
or family violence into batterer intervention programs that are members
of the Association of Batterer Intervention Programs to satisfy court
orders and offers them classes or instruction.
SAFETY PLAN
A written or oral outline of actions to be taken by a victim
of domestic or family violence to secure protection and support after
making an assessment of the dangerousness of the situation.
D. Offense Involving Domestic Or Family Violence Defined. An "offense involving domestic or family violence" occurs when
a family or household member commits one (1) or more of the following
offenses as listed under this Section against another family or household
member:
2. Domestic destruction, damage or vandalism of property;
4. Domestic unlawful possession of stolen property;
5. Domestic peace disturbance;
6. Domestic peace disturbance—loud noise;
10. Domestic tampering with a victim or witness;
11. Violation of orders of protection.
E. Adult Abuse—Definitions. For the purpose of prosecutions under Section
210.125(G) for violating an adult order of protection, the following terms, in accordance with Section 455.010, RSMo., shall have the meanings ascribed to them herein, unless the context clearly indicates otherwise:
ABUSE
Includes, but is not limited to, the occurrence of any of
the following acts, attempts or threats against a person who may be
protected under a valid protective order issued by the State of Missouri
or any other State within the United States.
1.
ASSAULT — Purposely or knowingly placing
or attempting to place another in fear of physical harm.
2.
BATTERY — Purposely or knowingly causing
physical harm to another with or without a deadly weapon.
3.
COERCION — Compelling another by force
or threat of force to engage in conduct from which the latter has
a right to abstain.
4.
HARASSMENT — Engaging in a purposeful
or knowing course of conduct involving more than one (1) incident
that alarms or causes distress to another person and serves no legitimate
purpose. The course of conduct must be such as would cause a reasonable
person to suffer substantial emotional distress and must actually
cause substantial emotional distress to the petitioner. Such conduct
might include, but is not limited to, the following:
a.
Following another about in a public place or places;
b.
Peering in the window or lingering outside the residence of
another, but does not include constitutionally protected activity.
5.
SEXUAL ASSAULTCausing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force or duress.
ADULT
Any person seventeen (17) years of age or older or otherwise
emancipated.
COURT
The Circuit or Associate Circuit Judge or a Family Court
Commissioner.
EX PARTE ORDER OF PROTECTION
An order of protection issued by a court before the respondent
has received notice of the petition or an opportunity to be heard
on it.
FAMILY OR HOUSEHOLD MEMBER
Spouses, former spouses, persons related by blood or marriage,
persons who are presently residing together or have resided together
in the past, a person who is or has been in a continuing social relationship
of a romantic nature with the victim, and persons who have a child
in common regardless of whether they have been married or have resided
together at any time.
FULL ORDER OF PROTECTION
An order of protection issued after a hearing on the record
where the respondent has received notice of the proceedings and has
had an opportunity to be heard.
PETITIONER
A family or household member or a person who has been the
victim of domestic violence who has filed a verified petition under
the provisions of Section 455.020, RSMo.
RESPONDENT
The family or household member or person alleged to have
committed an act of domestic violence, against whom a verified petition
has been filed.
STALKING
When a person purposely and repeatedly harasses or follows
with the intent of harassing another person. As used in this paragraph, "harass" means to engage in a course of conduct directed
at a specific person that serves no legitimate purpose, that would
cause a reasonable person to suffer substantial emotional distress.
As used in this subdivision, "course of conduct" means
a pattern of conduct composed of a series of acts over a period of
time, however short, evidencing a continuity of purpose. Constitutionally
protected activity is not included within the meaning of "course of
conduct".
F. Child Protection Orders Definitions. For the purpose of prosecutions under Section
210.125(G) for violation of a child order of protection, the following terms, in accordance with Section 455.010, RSMo., shall have the meanings ascribed to them herein, unless the context clearly indicates otherwise:
ABUSE
Any physical injury, sexual abuse or emotional abuse inflicted
on a child other than by accidental means by an adult household member,
or stalking of a child. Discipline, including spanking, administered
in a reasonable manner shall not be construed to be abuse.
ADULT HOUSEHOLD MEMBER
Any person seventeen (17) years of age or older or an emancipated
child who resides with the child in the same dwelling unit.
CHILD
Any person under seventeen (17) years of age.
COURT
The Circuit or Associate Circuit Judge or a Family Court
Commissioner.
EX PARTE ORDER OF PROTECTION
An order of protection issued by the court before the respondent
has received notice of the petition or an opportunity to be heard
on it.
FULL ORDER OF PROTECTION
An order of protection issued after a hearing on the record
where the respondent has received notice of the proceedings and has
had an opportunity to be heard.
PETITIONER
A person authorized to file a verified petition under the
provisions of Sections 455.503 and 455.505, RSMo.
RESPONDENT
The adult household member, emancipated child or person stalking
the child against whom a verified petition has been filed.
STALKING
Purposely and repeatedly harassing or following with the
intent of harassing a child. As used in this subdivision, "harassing" means engaging in a course of conduct directed
at a specific child that serves no legitimate purpose, that would
cause a reasonable adult to believe the child would suffer substantial
emotional distress. As used in this subdivision, "course of
conduct" means a pattern of conduct composed of a series
of acts over a period of time, however short, evidencing a continuity
of purpose. "Constitutionally protected activity" is not included within the meaning of "course of conduct".
VICTIM
A child who is alleged to have been abused by an adult household
member.
G. Violation Of Orders Of Protection.
1. The respondent of an ex parte or full order of protection for an
adult, of which the respondent has notice, shall not violate the terms
and conditions of such order with regard to abuse, stalking, child
custody, communication initiated by the respondent or entrance upon
the premises of the petitioner's dwelling unit.
2. The respondent of an ex parte or a full order of protection for a
child, of which the respondent has notice, shall not violate the terms
and conditions of such order with regard to abuse, child custody or
entrance upon the premises of the victim's dwelling unit.
H. Domestic Assault. No person shall commit an act of domestic
assault. A person commits such an act if the person does any of the
following:
1. Attempts to cause or recklessly causes physical injury to a family
or household member; or
2. With criminal negligence, causes physical injury to a family or household
member by means of a deadly weapon or dangerous instrument; or
3. Purposely places a family or household member in apprehension of
immediate physical injury by any means; or
4. Recklessly engages in conduct which creates a grave risk of death
or serious physical injury to a family or household member; or
5. Knowingly causes physical contact with a family or household member
knowing the other person will regard the contact as offensive; or
6. Knowingly attempts to cause or causes the isolation of a family or
household member by unreasonably and substantially restricting or
limiting such family or household member's access to other persons,
telecommunication devices or transportation for the purpose of isolation.
I. Domestic Destruction, Damage Or Vandalism Of Property. No
person shall willfully destroy, damage or injure any property of a
family or household member of any kind whatsoever which does not belong
to said person.
J. Domestic Petty Larceny. No person shall steal, take or carry
away any article of value which is the property of a family or household
member.
K. Domestic Unlawful Possession Of Stolen Property.
1. No person shall buy or in any way receive or possess any personal
property which has been unlawfully taken from a family or household
member.
2. Proof that the personal property has been unlawfully taken from the
possession or control of a family or household member, and that within
six (6) months after said unlawful taking said property has been in
the possession or under the control of the accused, shall be deemed
sufficient evidence to authorize conviction, unless possession of
said property is satisfactorily explained by proof that either:
a. Before buying or receiving or coming into possession of said property,
a diligent and good faith inquiry was made as to the source of said
property sufficient to provide a reasonable belief that said property
had not been taken unlawfully from another; or
b. The property was acquired at a price and under circumstances sufficient
to provide a reasonable belief that said property had not been taken
unlawfully from another; or
c. The accused complied with Section 447.010, RSMo., relating to the
duty of persons finding lost property.
L. Domestic Disturbance Of The Peace. No person shall unreasonably
and knowingly disturb or alarm any family or household member by threatening
or offensive language addressed in a face-to-face manner to that individual
and uttered under circumstances which are likely to produce an immediate
violent response from a reasonable recipient or by physically threatening,
challenging or fighting that person.
M. Domestic Disturbance Of The Peace—Loud Noise.
1. No person shall play any radio, music player such as a "boom box",
tape cassette, disc player, television, audio system or musical instrument
in a manner or at a volume that disturbs the peace of any other reasonable
family or household member; except however, that nothing herein shall
be construed to prohibit an otherwise lawful public concert or public
performance.
2. It shall be unlawful to speak, shout, sing or create any noise at
a volume that disturbs the peace of any other reasonable family or
household member, except that nothing herein shall be construed to
prohibit the summoning of assistance in an emergency.
3. For the purpose of prosecution under this Section, it shall be presumed
that any speech, song or noise, or the playing of any radio, music
player such as a "boom box", tape cassette, disc player, television,
audio system or musical instrument is disturbing to the peace of another
reasonable family or household member if the volume is such that it
is plainly audible to persons more than fifty (50) feet away from
the source of the noise.
N. Domestic Trespassing.
1. No person without lawful authority, or without the expressed or implied
consent of the family or household member or his agent, shall enter
any building or enter on any enclosed or improved real estate, lot
or parcel of ground, or being upon the land of another shall fail
or refuse to leave the same when requested to do so by the family
or household member lawfully in possession thereof, his agent or representative.
2. For the purpose of this Section, "implied consent", as it relates to persons making deliveries on private property,
extends only to sidewalks or other identifiable walkways, where available,
and does not extend to lawns or other private property if such a sidewalk
is available.
O. Domestic Harassment. No person shall, for the purpose of
frightening or disturbing another family or household member:
1. Communicate in writing or by telephone a threat to commit any felony,
misdemeanor or ordinance violation, or act of violence; or
2. Make a telephone call or communicate in writing and use coarse language
offensive to one of average sensibility; or
3. Make a telephone call anonymously; or
4. Make repeated telephone calls to the same person or telephone number.
P. Domestic Stalking.
1. Definitions. As used in this Subsection, the following
terms shall have the meanings ascribed to them:
COURSE OF CONDUCT
A pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose.
"Constitutionally protected activity" is not included within the meaning
of "course of conduct". Such constitutionally protected activity includes
picketing or other organized protests.
CREDIBLE THREAT
A threat made with the intent to cause the person who is
the target of the threat to reasonably fear for his or her safety.
The threat must be against the life of, or a threat to cause physical
injury to, a person.
HARASS
To engage in a course of conduct directed at a specific person
that serves no legitimate purpose, that would cause a reasonable person
to suffer substantial emotional distress and that actually causes
substantial emotional distress to that person.
2. No person shall purposely and repeatedly harass or follow with the
intent of harassing another family or household member or harass another
family or household member, and make a credible threat with the intent
to place that person in reasonable fear of death or physical injury.
Q. Domestic Tampering With A Victim Or Witness.
1. No person, with purpose to induce a family or household member who
is a witness or prospective witness in an official proceeding to disobey
a subpoena or other legal process, or to induce such family or household
member to absent himself or avoid subpoena or other legal process,
or to induce such family or household member to withhold evidence,
information or documents, or to testify falsely, shall:
a. Threaten or cause harm to any person or property; or
b. Use force, threats or deception; or
c. Offer, confer or agree to confer any benefit, direct or indirect,
upon such witness; or
d. Convey any of the foregoing to another in furtherance of a conspiracy.
2. A person commits the violation of "domestic victim tampering" if,
with purpose to do so, he prevents or dissuades or attempts to prevent
or dissuade any person who is a family or household member who has
been a victim of any ordinance violation, or a person who is acting
on behalf of any such victim, from:
a. Making any report of such victimization to any Peace Officer or State,
local or Federal Law Enforcement Officer or prosecuting agency or
to any judge;
b. Causing a complaint, indictment or information to be sought and prosecuted
or assisting in the prosecution thereof;
c. Arresting or causing or seeking the arrest of any person in connection
with such victimization.
R. Dismissal Of Charges. Cases involving domestic or family
violence shall not be dismissed for the sole reason that a civil compromise
of settlement is reached.
S. Rights Of Victims Of Domestic Or Family Violence. A victim
of domestic and family violence is entitled to all rights granted
to victims of crime as found in Sections 595.200 to 595.218, RSMo.,
including, but not limited to, the right to:
1. Be informed of all hearing dates and continuances;
2. Provide the court with a victim-impact statement, victim-opinion
statement and an assessment of the risk of further harm;
3. Be present at sentencing and address the court;
4. Be advised by the court of conditions of probation required to ensure
the safety of the victim and other family or household members;
5. Restitution for losses sustained as a direct consequence of any criminal
conduct;
6. Apply for victims' compensation and to be informed of procedures
for applying.
T. Advocate-Victim Privilege Applicable In Cases Involving Domestic
Or Family Violence.
1. Except as otherwise provided in Subdivision (2) below, a victim of
domestic or family violence may refuse to disclose, and may prevent
an advocate from disclosing, confidential oral communication between
the victim and the advocate and written records and reports concerning
the victim if the privilege is claimed by:
b. The person who was the advocate at the time of the confidential communication,
except that the advocate may not claim the privilege if there is no
victim in existence, or if the privilege has been waived by the victim.
2. The privilege does not relieve a person from any duty imposed pursuant
to State laws on child abuse or neglect. A person may not claim the
privilege when providing evidence in proceedings concerning child
abuse or neglect pursuant to State law.
3. As used in this Subsection, "advocate" means an
employee of or volunteer for a program for victims of domestic or
family violence who:
a. Has a primary function of rendering advice, counseling or assistance
to victims of domestic or family violence, supervising the employees
or volunteers of the program, or administering the program; or
b. Works under the direction of a supervisor of the program, supervises
employees or volunteers or administers the program.
U. Conditions Of Probation For Perpetrator Convicted Of Offense Involving
Domestic Or Family Violence—Required Reports By The Police Department.
1. Before placing a perpetrator who is convicted of an offense involving
domestic or family violence on probation, the court shall consider
the safety and protection of the victim of domestic or family violence
and any member of the victim's family or household.
2. The court may condition the suspension of sentence or granting of
probation to the perpetrator on compliance with one (1) or more orders
of the court including, but not limited to:
a. Enjoining the perpetrator from threatening to commit or committing
acts of domestic or family violence against the victim or other family
or household member;
b. Prohibiting the perpetrator from harassing, annoying, telephoning,
contacting or otherwise communicating with the victim, directly or
indirectly;
c. Requiring the perpetrator to stay away from the residence, school,
place of employment or a specified place frequented regularly by the
victim and any designated family or household member;
d. Prohibiting the perpetrator from possessing or consuming alcohol
or controlled substances;
e. Prohibiting the perpetrator from using or possessing a firearm or
other specified weapon;
f. Directing the perpetrator to surrender any weapons owned or possessed
by the perpetrator;
g. Directing the perpetrator to participate in and complete, to the
satisfaction of the court, a program of intervention for perpetrators,
treatment for alcohol or substance abuse, or psychiatric or psychological
treatment, and/or an evaluation for such intervention or treatment;
h. Directing the perpetrator to pay restitution to the victim;
i. Imposing any other condition necessary to protect the victim of domestic
or family violence and any other designated family or household member
or to rehabilitate the perpetrator;
j. Payment by the perpetrator of the cost of any condition of probation.
V. Arrest. When the officer declines to make arrest pursuant
to this Section, the officer shall make a written report of the incident
completely describing the offending party, giving the victim's name,
time, address, reason why no arrest was made and any other pertinent
information. Any Police Officer subsequently called to the same address
within a twelve (12) hour period, who has again committed a violation
as stated in this Section against the same or any other family or
household member shall arrest the offending party for this subsequent
offense. The primary report of non-arrest in the preceding twelve
(12) hour period may be considered as evidence of the defendant's
intent in the violation for which arrest occurred. The refusal of
the victim to sign an official complain against the violator shall
not prevent an arrest under this Section.
W. Penalties. Every person who shall be convicted of a violation
of this Section shall be fined not more than one thousand dollars
($1,000.00) or imprisoned in the St. Louis County Justice Center for
not more than one (1) year, or punished by both such fine and imprisonment.
A person commits the offense of harassment if he/she, without
good cause, engages in any act with the purpose to cause emotional
distress to another person.
A person commits the offense of kidnapping if he or she knowingly
restrains another unlawfully and without consent so as to interfere
substantially with his or her liberty.