City of Hazelwood, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 3766-06 §1, 6-21-2006]
A. 
This Article is to 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
3. 
Batterer accountability.
[Ord. No. 3766-06 §1, 6-21-2006]
Unless the context otherwise requires, as used in this Article, the following terms shall mean:
ABUSE
When used in regard to acts of domestic violence between adults, 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 or to abstain from conduct in which the person has a right to engage.
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:
a. 
Following another about in a public place or places; or
b. 
Peering in the window or lingering outside the residence of another, but does not include constitutionally protected activity.
5. 
SEXUAL ASSAULT: Causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force or duress.
6. 
UNLAWFUL IMPRISONMENT: Holding, confining, detaining or abducting another person against that person's will.
ABUSE
When used in regard to acts of domestic violence against a child, means any physical injury, sexual abuse or emotional abuse inflicted an 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
Any person eighteen (18) years of age or older or otherwise emancipated.
ADULT HOUSEHOLD MEMBER
Any person eighteen (18) years of age or older or an emancipated child, who resides with a child in the same dwelling unit.
CHILD
Any person under eighteen (18) years of age.
COURT
The Circuit or Associate Circuit Judge or a Family Court Commissioner.
DOMESTIC OR FAMILY VIOLENCE
When a family or household member commits one (1) or more of the following against another family or household member: assault; theft, destruction, damage or vandalism of property; peace disturbance; trespass; domestic stalking as defined in this Article; domestic harassment as defined in this Article; domestic tampering as defined in this Article; or violation of an order of protection, provided, that acts of self defense are not included.
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 MEMBERS
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 or have been in a continuing social relationship of a romantic nature or 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;
7. 
Persons who have a child in common.
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.
ORDER OF PROTECTION
Either an ex parte order of protection or a full order of protection.
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 Chapter 455, 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 under the provisions of Chapter 455, RSMo.
STALKING
When an adult purposely and repeatedly engages in an unwanted course of conduct with regard to a child that causes another adult to believe that a child would suffer alarm by the conduct or when an adult purposely and repeatedly engages in an unwanted course of conduct that causes alarm to another person when it is reasonable in that person's situation to have been alarmed by the conduct. As used in this Subsection:
1. 
"Course of conduct" means a pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose. Such conduct may include, but is not limited to, following the other person or unwanted communication or unwanted contact;
2. 
"Repeated" means two (2) or more incidents evidencing a continuity of purpose; and
3. 
"Alarm" means to cause fear of danger of physical harm.
[Ord. No. 3766-06 §1, 6-21-2006]
A. 
Violation of the terms and conditions of an ex parte order of protection of which the respondent has notice, with regard to abuse, stalking, child custody, communication initiated by the respondent or entrance upon the premises of the petitioner's dwelling unit, is hereby prohibited.
B. 
Violation of the terms and conditions of a full order of protection, with regard to abuse, stalking, child custody, communication initiated by the respondent or entrance upon the premises of the petitioner's dwelling unit, is hereby prohibited.
C. 
Violation of the terms and conditions of an ex parte order of protection of which the respondent has notice for a child, with regard to abuse, child custody or entrance upon the premises of the victim's dwelling unit, is hereby prohibited.
D. 
Violation of the terms and conditions of a full order of protection for a child regarding abuse, child custody or entrance upon the premises of the petitioner's dwelling unit is hereby prohibited.
[Ord. No. 3766-06 §1, 6-21-2006]
A. 
When a Law Enforcement Officer has probable cause to believe a party has committed a violation of law amounting to an offense involving domestic violence against a family or household member, the officer may arrest the offending party whether or not the violation occurred in the presence of the arresting officer.
B. 
When an officer declines to make an 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.
C. 
Any Law Enforcement Officer subsequently called to the same address within a twelve (12) hour period, who shall find probable cause to believe the same offender has again committed a violation of law amounting to an offense involving domestic violence against a family or household member 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 complaint against the violator shall not prevent an arrest under this Subsection.
D. 
When a Law Enforcement Officer has probable cause to believe that a party, against whom an order of protection has been entered and who has notice of such order being entered, has committed an act of abuse in violation of such order, the officer shall arrest the offending party-respondent whether or not the violation occurred in the presence of the arresting officer. Refusal of the victim to sign an official complaint against the violator shall not prevent an arrest under this Subsection.
E. 
When an officer makes an arrest, he is not required to arrest two (2) parties involved in an assault when both parties claim to have been assaulted. The arresting officer shall attempt to identify and shall arrest the party he believes is the primary physical aggressor. The term "primary physical aggressor" is defined as the most significant, rather than the first, aggressor. The Law Enforcement Officer shall consider any or all of the following in determining the primary physical aggressor:
1. 
The intent of the law to protect victims of domestic violence from continuing abuse;
2. 
The comparative extent of injuries inflicted or serious threats creating fear of physical injury or harm;
3. 
The history of domestic violence between the persons involved.
F. 
No Law Enforcement Officer investigating an incident of domestic violence shall threaten the arrest of all parties for the purpose of discouraging requests of law enforcement intervention by any party. Where complaints are received from two (2) or more opposing parties, the officer shall evaluate each complaint separately to determine whether he should apply for issuance of charges. No Law Enforcement Officer shall base the decision to arrest or not to arrest on the specific request or consent of the victim or the officer's perception of the willingness of a victim or of a witness to the domestic or family violence to testify or otherwise participate in a judicial proceeding.
G. 
In an arrest in which a Law Enforcement Officer acted in good faith reliance on this Section, the arresting and assisting Law Enforcement Officers and their employing entities and superiors shall be immune from liability in any civil action alleging false arrest, false imprisonment or malicious prosecution.
H. 
When a person against whom an order of protection has been entered fails to surrender custody of minor children to the person to whom custody was awarded in an order of protection, the Law Enforcement Officer shall arrest the respondent and shall turn the minor children over to the care and custody of the party to whom such care and custody was awarded.
I. 
The same procedures, including those designed to protect constitutional rights, shall be applied to the respondent as those applied to any individual detained in Police custody.
J. 
Good faith attempts to effect a reconciliation of a marriage shall not be deemed tampering with a witness or victim tampering.
K. 
Nothing in this Section shall be interpreted as creating a private cause of action for damages to enforce the provisions set forth herein.
[Ord. No. 3766-06 §1, 6-21-2006]
A. 
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 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.
[Ord. No. 3766-06 §1, 6-21-2006]
A. 
As used in this Section, the following terms shall mean:
COURSE OF CONDUCT
A pattern of conduct composed of a series of acts, which may include electronic or other communications, 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 safety. The threat must be against the life of or a threat to cause physical injury to, a person and may include a threat communicated to the targeted person in writing, including electronic communications, by telephone or by posting of a site or message that is accessible via computer.
HARASSES
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.
B. 
Any person who purposely and repeatedly harasses or follows with the intent of harassing another family or household member commits the violation of stalking, which is hereby prohibited.
C. 
Any person who purposely and repeatedly harasses or follows with the intent of harassing another family or household member or harasses another family or household member and makes a credible threat with the intent to place that person in reasonable fear of death or serious physical injury commits the violation of aggravated stalking, which is hereby prohibited.
[Ord. No. 3766-06 §1, 6-21-2006]
A. 
A person commits the offense of domestic witness tampering if, with a purpose to induce a witness who is a family or household member or a prospective witness who is a family or household member in an official proceeding to disobey a subpoena or other legal process or to absent himself or avoid subpoena or other legal process or to withhold evidence, information or documents or to testify falsely, he:
1. 
Threatens or causes harm to any person or property; or
2. 
Uses force, threats or deception; or
3. 
Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or
4. 
Conveys any of the foregoing to another in furtherance of a conspiracy.
B. 
A person commits the violation of domestic victim tampering if, with a 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:
1. 
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;
2. 
Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;
3. 
Arresting or causing or seeking the arrest of any person in connection with such victimization.
[Ord. No. 3766-06 §1, 6-21-2006]
A. 
Incident to an arrest for a crime involving domestic or family violence, a Law Enforcement Officer:
1. 
May seize all weapons that are alleged to have been involved or threatened to be used in the commission of a crime.
2. 
May seize a weapon that is in plain view of the officer or was discovered pursuant to a consensual search, as necessary for the protection of the officer or other persons.
[Ord. No. 3766-06 §1, 6-21-2006]
A. 
Except as otherwise provided in Subsection (B), 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:
1. 
The victim; or
2. 
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.
B. 
The privilege does not relieve a person from any duty imposed pursuant to State laws regarding reporting 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.
C. 
As used in this Section, "advocate" means an employee of or volunteer for a program for victims of domestic or family violence who:
1. 
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;
2. 
Works under the direction of a supervisor of the program, supervises employees or volunteers or administers the program.
[Ord. No. 3766-06 §1, 6-21-2006]
A. 
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.
B. 
The court many condition the suspension of sentence or granting of probation to a perpetrator on compliance with one (1) or more orders of the court, including but not limited to:
1. 
Enjoining the perpetrator from threatening to commit or committing acts of domestic or family violence against the victim or other family or household member;
2. 
Prohibiting the perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating with the victim, directly or indirectly;
3. 
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;
4. 
Prohibiting the perpetrator from possessing or consuming alcohol or controlled substances;
5. 
Prohibiting the perpetrator from using or possessing a firearm or other specified weapon;
6. 
Directing the perpetrator to surrender any weapons owned or possessed by the perpetrator;
7. 
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;
8. 
Directing the perpetrator to pay restitution to the victim; or
9. 
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.
C. 
The perpetrator shall be responsible for the costs related to fulfilling any condition of probation and such costs may be taxed as additional court costs.
D. 
The court may establish policies and procedures for responding to reports of non-attendance or non-compliance by a perpetrator with the conditions of probation imposed pursuant to Subsection (B), including requiring compliance reviews and any violations may serve as a basis for revoking probation.