Domestic Violence and the Law

DOMESTIC
VIOLENCE

LAWand
the
A Practical Guide for Survivors

Missouri Coalition Against
Domestic and Sexual Violence

Published by
The Young Lawyers’ Section
of The Missouri Bar
revised 2019
 DOMESTIC
VIOLENCE

LAW and
the
A Practical Guide for Survivors

This publication is available as a downloadable PDF at:
www.mobaryls.org/publications.php
www.mocadsv.org/resources

To order additional paper copies of this publication,
please fill out the online order form at
https://mobar.wufoo.com/forms/online-order-form/

ACKNOWLEDGEMENT

This guide is the product of a collaborative effort by Missouri Coalition Against
Domestic and Sexual Violence (MCADSV) and the Young Lawyers’ Section (YLS) of
The Missouri Bar. Written and designed by MCADSV. This guide was printed by The
Missouri Bar Association.

This project was funded by The Young Lawyers Section of The Missouri Bar.

This project was supported, in part, under Grant No. 2017-MU-AX-0009 awarded by the Office on Violence
Against Women, U.S. Department of Justice. The opinions, findings, conclusions and recommendations
expressed in this publication are those of the authors and do not necessarily reflect the views of the
Department of Justice, Office on Violence Against Women.
 IMPORTANT RESOURCES

National Domestic Violence Hotline
(800) 799-SAFE (7233) or
TDD (800) 787-3224
24-hour chat line:
www.thehotline.org
click on get help

National Sexual Assault Hotline -
Rape, Abuse and Incest National Network (RAINN)
www.rainn.org
(800) 656-HOPE (4673)

Missouri Coalition Against
Domestic and Sexual Violence [MCADSV)
MCADSV can connect you to programs and
resources throughout Missouri.
www.mocadsv.org
(888) 666-1911 during business hours

Missouri Bar Legal Resources Line
For attorney services
(573) 636-3635
or use the Lawyer Search Tool at
http://missourilawyershelp.org/
TABLE OF CONTENTS
Introduction. ..................................................................................................... 1
Addressing immediate needs.................................................................... 2
Domestic Violence and the legal system:
Civil and criminal laws.................................................................................. 3
Civil Court and Orders of Protection. ...................................................... 4
Orders of Protection can be obtained without
an attorney and without cost to the victim. ......................................... 4
How does Missouri law define abuse,
stalking and sexual assault for Orders of Protection?. ..................... 4
How an Order of Protection can help protect you.............................. 6
Filing for an Order of Protection. .............................................................. 8
Court hearings on Full Orders of Protection........................................15
Law enforcement responses to domestic violence..........................20
Responses to domestic violence
through the criminal legal system.........................................................22
Considerations for participation
in the criminal legal system. ....................................................................23
How do I prepare for involvement
with the criminal legal system?. .............................................................24
Domestic and sexual violence crimes. ................................................. 27
Numbers and websites to know. ............................................................29
Legal service offices in Missouri.............................................................30
Help available with protection orders...................................................33
Personalized safety plan........................................................................... 37
Procedure for obtaining an Order of Protection................................46
Missouri protection orders at a glance................................................. 47
Criminal penalties.........................................................................................51
Domestic assault offenses. ......................................................................52
Adult sexual offenses.................................................................................54
Stalking. ..........................................................................................................59
Harassment. ...................................................................................................61
 DOMESTIC
VIOLENCE

LAW
and
the
A Practical Guide for Survivors

Domestic violence is a pattern of behavior used by one person in a
relationship to control the other. It can occur between current intimate
partners, former partners, family members or those who are dating. It
is a purposeful and complex pattern of harmful physical, sexual,
psychological and other abusive behaviors used to control the victim.
Domestic violence distorts what is supposed to be a relationship based
on mutual respect. One person in a relationship or family does not have
the right to control another person. When domestic violence occurs,
the abuser and victim no longer share equal rights, responsibilities and
decision-making power.
If you are in an abusive relationship, there are resources and people who
can help you and your family. Please visit the Missouri Coalition Against
Domestic and Sexual Violence website at www.mocadsv.org for a list of
service providers in the state that provide survivors of domestic and sexual
violence with legal advocacy and other resources such as 24-hour hotlines,
shelter, counseling and referrals to other agencies for additional help.
You also may call the 24-hour National Domestic Violence Hotline at
(800) 799-SAFE (7233) or TDD (800) 787-3224. The Hotline also has a
24-hour chatline at www.thehotline.org.
Throughout this publication, the terms “victim” and “survivor” are used
to mean the person harmed by domestic violence, sexual violence and/
or stalking. Depending on the legal situation, those who commit abuse or
violence are referred to as “abusers,” “Respondents” or “offenders.” An abuser
who has been charged with a crime is referred to as the “defendant.”

Domestic Violence and the Law: A Practical Guide for Survivors 1
ADDRESSING IMMEDIATE NEEDS

Call law enforcement in an emergency
If you can get to a phone when you are being harmed or when it is safe
afterward, call 911. Law enforcement officers must respond to your call.
Once officers have responded, they have an obligation to make a written
report if they have a reasonable belief that you have been attacked or
abused in some manner. Officers must make an arrest if they reasonably
believe the person who harmed or threatened you has violated a protection
order. If law enforcement officers return to the same home within 12 hours
after a previous call, even if there is no protection order in place, they must
arrest the identified abuser when they have a reasonable belief that an
assault occurred.

Seek medical assistance
Seek medical care if you have been physically injured. Some injuries
might be more serious than they appear to you or to another person.
The hospital or doctor’s office will make records of your injuries. You
are entitled to a copy of any of your medical records. Medical records
are important evidence for either a civil proceeding such as an Order of
Protection hearing, or for a criminal trial. Pictures of any visible injury,
even minor marks, may be especially helpful to you. If your injuries get
worse or become more pronounced, such as darkened bruising, it is
important to document this with pictures and possibly seek follow-up
medical care. You may wish to take pictures for your own proof of harm,
even if they have been taken as part of your medical treatment or law
enforcement investigation.

Seek support
You may call a domestic violence program for help if you have been
abused or hurt. Advocates at the program can help you through the legal
system as well. All of the services you receive at a domestic or sexual
violence program in Missouri are free and confidential. If you need to
leave your home to get away from the person who is abusing you and
need a place to stay, there are resources available to you for safe shelter
and other assistance. These agencies and programs can help you even if
you do not want to go to a shelter or are unable to leave right now.
If you do not know where your local program is located, the Missouri
Coalition Against Domestic and Sexual Violence (MCADSV) website at

2 Domestic Violence and the Law: A Practical Guide for Survivors
www.mocadsv.org has a map showing where all programs are in the state
and their contact information. You can contact MCADSV at (888) 666-1911
for additional referrals or information during business hours.
You also may call the 24-hour National Domestic Violence Hotline at
(800) 799-SAFE (7233) or TDD (800) 787-3224. The Hotline also has a
24-hour chatline at www.thehotline.org.
Advocates at domestic violence programs can help you develop your
own plan for your safety and help you identify your next steps from a
range of options and resources. A listing of additional resources to help
you starts on page 29.
Remember, you do not have to go through the legal system by yourself.

DOMESTIC VIOLENCE AND THE LEGAL SYSTEM:
CIVIL AND CRIMINAL LAWS
The legal system provides two ways to be protected from domestic
violence. One is based on civil law and the other on criminal law.
Sometimes these two overlap. Both civil and criminal remedies can be
useful to you.
“Civil law” responses to domestic violence include Orders of Protection.
They serve to keep your abuser away from you and to get other types of
help because of the domestic violence you have experienced or are afraid
might happen again. Orders of Protection are civil court orders issued by
a judge. Protection orders are not a part of an abuser’s criminal record.
However, it is a crime for a person to violate an Order of Protection that is
issued against them.
“Criminal law” responses to domestic violence include the arrest and
prosecution of the person who has abused you. The purpose of a criminal
action is to hold abusers accountable for their criminal actions. The
criminal law system involves law enforcement officers, prosecutors or
district attorneys, criminal court judges and jail or probation officers.
You do not need to decide between seeking help through the civil legal
system or the criminal legal system. You may pursue both remedies for the
same incident or ongoing incidents of domestic violence against you.

Domestic Violence and the Law: A Practical Guide for Survivors 3
CIVIL COURT AND ORDERS OF PROTECTION
The laws that establish Orders of Protection, which are a part of the
civil legal process for help in addressing domestic violence, are in Chapter
455 of the Revised Statutes of Missouri (RSMo). In these laws, domestic
violence abuses are defined as assault, battery, coercion, harassment, sexual
assault or unlawful imprisonment. Assaults might include threats or other
offensive behavior. Stalking and sexual assault not related to domestic
violence also are covered by this law.

ORDERS OF PROTECTION CAN BE OBTAINED
WITHOUT AN ATTORNEY AND WITHOUT COST
TO THE VICTIM
Missouri law allows a victim of abuse, stalking or sexual assault to seek
and obtain an Order of Protection without an attorney and without cost.
While an attorney is not required to obtain a protection order, sometimes
people will hire an attorney to help them through the process. For victims
of abuse, this most often happens if the person they are seeking protection
from hires an attorney to represent them in the court process for an Order
of Protection.

HOW DOES MISSOURI LAW DEFINE ABUSE,
STALKING AND SEXUAL ASSAULT FOR
ORDERS OF PROTECTION?
Missouri law on Orders of Protection contains the following definitions
of what are considered acts of abuse and threats of abuse. This law is in
Section 455.010 RSMo:
1. Assault: “Purposely or knowingly placing or attempting to place
another in fear of physical harm.” (Examples are if a person holds a gun
to your head or holds a hand up to your face as if they are going to slap
or punch you.)

4 Domestic Violence and the Law: A Practical Guide for Survivors
2. Battery: “Purposely or knowingly causing physical harm to another
with or without a deadly weapon.” (Examples include when the person
physically hurts you by doing things to you like punching, choking/
strangling, hitting, kicking, slapping or throwing things at you.)
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.” (Examples include
when the person uses force or threat of force to make you do something
or stops you from doing something you have a right to do.)
4. Harassment: “Engaging in a purposeful or knowing course of conduct
involving more than one incident that alarms or causes distress to
another adult or child and serves no legitimate purpose. The course
of conduct must be such as would cause a reasonable adult or child
to suffer substantial emotional distress and must actually cause
substantial emotional distress to the petitioner or child. Such conduct
might include, but is not limited to: (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.” (Examples include when the person does something
more than once that frightens, alarms or causes distress to you. This
includes threats of violence. The abuser makes you upset or fearful by
threatening you by saying things like, “If you leave, I will hurt you,” or “If
you tell anyone, I will kill you.” Threats can be more subtle, as well, and
can be threatening to you because you know what the abuser has done in
the past. The abuser might threaten to do things such as take the children
away, make threats against other family members or pets, or threaten to
destroy your home or property.)
5. Sexual Assault: “Causing or attempting to cause another to engage
involuntarily in any sexual act by force, threat of force, duress or
without that person’s consent.” (Examples include when the person
makes you have sex when you don’t want to, hurts you during sex, makes
you do sexual acts you don’t want to do, has sex with you when you are
not awake, or rapes you.)
6. Unlawful Imprisonment: “Holding, confining, detaining or abducting
another person against that person’s will.” (Examples include when the
person takes away your car keys so you can’t leave, locks you in a house
or room or apartment, won’t let you out of a car, or takes you someplace
against your will and keeps you there when you want to leave.”)

Domestic Violence and the Law: A Practical Guide for Survivors 5
7. Stalking: “When any person purposely engages in an unwanted course
of conduct that causes alarm to another person, or a person who
resides together in the same household with the person seeking the
Order of Protection, when it is reasonable in that person’s situation
to have been alarmed by the conduct. As used in this subdivision: (a)
‘Alarm’ means to cause fear of danger of physical harm; (b) ‘Course of
conduct’ means a pattern of conduct composed of two or more 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.” (Examples
include when an abuser repeatedly acts in ways that make their partner
feel frightened, intimidated or emotionally distressed. This can include
unwanted communication or contact such as following them, texting or
phoning them repeatedly, showing up at their workplace, etc.)
8. Child 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.” (The law provides for protection against violence toward
your children as well. If your child has been the victim of any physical
injury, sexual abuse or emotional harm by an adult family or household
member, or your child’s other parent, you may file for a Child Order of
Protection. This includes sexual abuse of children, such as fondling or
rape. The abused children do not have to be the children of the person
against whom you file an Order of Protection.)

HOW AN ORDER OF PROTECTION CAN HELP
PROTECT YOU
A victim of abuse, stalking or sexual assault can seek an Order of
Protection from a court without cost and without having to hire an
attorney. In the legal process, a person who seeks an Order of Protection
is called a “Petitioner” and the person whom an order is sought against is
called the “Respondent.”
After you, as a victim of abuse, complete the written request for a
protection order, a judge may issue an Order of Protection to order the
abuser (the Respondent) to stop abusing, sexually assaulting, harassing or

6 Domestic Violence and the Law: A Practical Guide for Survivors
stalking you (the Petitioner) and require the Respondent to stay away from
your home or workplace.
An Order of Protection also can be filed on behalf of a child—a person
younger than 17 unless otherwise emancipated—if that child is being
abused or is in danger of being abused.
An Order of Protection from Missouri is valid in every other state and
should be upheld by law enforcement officers in every state. This also
means that if you have an Order of Protection from another state, it is
valid in Missouri.

There are two types of Orders of Protection:

1. EX PARTE ORDER OF PROTECTION
This is a temporary emergency order issued by the court to protect
you as the Petitioner. It is issued by a judge without a court hearing.
Once issued, an Ex Parte Order of Protection remains in effect until
a court hearing, which is held within 15 days after you file for a
protection order. Sometimes there is a delay when either you or the
Respondent has “good cause” to ask for the hearing to be rescheduled.
This is called a continuance. A continuance also may be granted to
give additional time to “serve” the order. For an order to be served
means a copy of the Ex Parte Order of Protection is physically
delivered to the Respondent by a law enforcement officer or a special
process server. The Ex Parte order will remain in effect even if the
court hearing is delayed after a continuance request by you, the
Respondent or an attorney representing either party.
2. FULL ORDER OF PROTECTION
This is the longer-lasting order that is issued after the judge holds a
court hearing. You, or your attorney, must attend that hearing. If you,
or your attorney, do not appear for the hearing, your request for the
Order of Protection will be dismissed. If the Respondent has been
properly served and does not appear for the hearing, a Full Order of
Protection will be issued after you have presented your evidence. Your
evidence can include your testimony about the threats, harm or abuse
you experienced from the Respondent. Evidence can include testimony
from anyone who witnessed the abuse, police reports, medical records
or records of texts, phone calls and voicemail from the Respondent.
During the hearing, both you and the Respondent (or the attorneys,

Domestic Violence and the Law: A Practical Guide for Survivors 7
 if you or the Respondent has one) can speak to the judge. During the
court hearing, a Respondent can “consent” to the Order of Protection
being issued without providing any testimony or evidence for why it
shouldn’t be issued.
A Full Order of Protection can be issued for up to one year. On the
form for the Order of Protection, Petitioners can check a box to have
the order automatically renewed for another year, or it can be renewed
in another way. More details about renewing orders are on page 17.

FILING FOR AN ORDER OF PROTECTION

Who can file for an Order of Protection?
VICTIMS OF DOMESTIC VIOLENCE
You can file for an Order of Protection for domestic violence if you are
17 years of age or older or otherwise emancipated (if you are younger than
17, your parent or guardian may file for you against a Respondent older or
younger than 17), and you are a family or household member as defined by
law as follows:
• If you are the spouse or former spouse of the abuser;
• If you have a child in common with the abuser;
• If you are the current or former live-in girlfriend or
boyfriend of the abuser;
• If you are related by blood or marriage to the abuser; or
• If you have been in a dating relationship with the abuser,
defined as a “continuing social relationship of a romantic
or intimate nature.”

VICTIMS OF STALKING OR SEXUAL ASSAULT
You can file for an Order of Protection for stalking or sexual assault
if you are 17 years of age or older or otherwise emancipated. For these
types of protection orders, the Respondent does not have to be a family
or household member.
If you are younger than 17, your parent or guardian may file for an
Order of Protection on your behalf. The order can be against a person

8 Domestic Violence and the Law: A Practical Guide for Survivors
(Respondent) who is older or younger than 17—an example of this
would be a dating relationship between two 16-year-olds.

CHILD VICTIMS OF ABUSE
You can file for a Child Order of Protection if you:
• Are the parent or guardian of the victim, a guardian ad
litem (GAL), a court-appointed advocate (CASA) for the
victim or a juvenile officer; and
• Suspect child abuse is occurring.

Where can I file for an Order of Protection?
You can file for an Ex Parte Order of Protection in the circuit clerk’s
office, located in the county courthouse:
• Where you live;
• Where the alleged abuse occurred; or
• Anywhere the Respondent can be served (where the
Respondent lives, works, etc.).

When can I file for an Order of Protection?
During business hours, you can go to the circuit clerk’s office at the
courthouse. If it is after business hours or on a holiday, you can call your
local police, sheriff ’s department or domestic violence program to find
out where you can fill out a Petition for an Order of Protection. Judges
should be on call to issue Ex Parte orders after hours when needed in
emergency situations.

What help is available with Orders of Protection?
The purpose of an Ex Parte Order of Protection and a Full Order of
Protection is to prohibit the Respondent from abusing, molesting, stalking,
communicating with you or disturbing your peace, or entering your home,
school or workplace. In each order, the law also allows a judge to include a
temporary order of child custody and visitation when appropriate.
In a Full Order of Protection, a judge can include additional specific
requirements of the Respondent. These can include orders about child
custody, visitation and child support, property division and financial
matters, as well as things such as ordering the Respondent to return a pet
to you, pay for your medical bills or go to a batterer intervention program.

Domestic Violence and the Law: A Practical Guide for Survivors 9
 If you want specific types of help, you need to request each of them by
checking the boxes on the Petition form so the judge can consider your
requests. You can add additional requests to your Petition that are not
included in the standard boxes on the form. Judges have the ability to
order other requests you ask for in your Petition that you believe will help
increase your safety from the person harming you.
The descriptions starting on page 33 explain in detail all of the help you
may ask for in the Petition for an Order of Protection.

Will my contact information be released in an Order of
Protection?
If you do not feel safe with the Respondent knowing where you live,
or if you have moved to a new address unknown to the Respondent, you
have the right to request that your address not be disclosed in the court
documents. You also can ensure your address is not revealed in public
records by applying for the Safe at Home program through the Secretary
of State’s office. This program allows you to establish a post office box
in Jefferson City that is not part of any public record. The Secretary of
State will receive all mail sent to you, then forward the mail to your actual
address. You can get more information by calling the toll-free number for
the Safe at Home B B (866) 509-1409, or go to the website at
www.sos.mo.gov.

Safety planning when seeking an Order of Protection
Survivors and their children might face increased danger when they
leave their abusive partners or seek assistance from law enforcement
officers, the court system or social service providers. As a result, it is very
important to create a safety plan that is specific to your situation.
You are the expert on your situation and have been using all of your
skills to cope with abuse against you so far. The decision to leave an
abusive relationship or seek a protection order for abuse, stalking or sexual
assault is complicated because the person who harmed you might try to
retaliate against you.
There is a risk that the threats, abuse or violence might get worse as you
try to get help from the legal system, and you can prepare for that with
safety planning.
However, it is important to remember that people do escape the
violence in their lives all the time. Friends, family and a network of service
providers within a supportive community can be a big help to you if you

10 Domestic Violence and the Law: A Practical Guide for Survivors
choose to make the difficult decision to leave your abuser. Before you
make the decision to leave or to file for an Order of Protection, you should
consider making your own personalized safety plan.
The Personalized Safety Plan on page 37 is a tool to help you identify and
evaluate your options and create a personalized plan to reduce your risk of
being harmed again by the person hurting you. Use what applies or change it
to reflect what you need in your situation. There is no right or wrong way to
develop a safety plan, and it does not have to be written down.

How do I begin the process to get an Order of Protection?
The flow chart on page 46 provides a quick overview of the procedure
for obtaining an Order of Protection. Here is some basic information for
starting the process of getting a protection order:
1. Go to the circuit clerk’s office at the courthouse.
The process for getting an Order of Protection begins with going to the
circuit clerk’s office in the county courthouse and filling out a written
application form, called a Petition for Order of Protection. This form
is available at the circuit clerk’s office. Missouri law requires that court
clerks explain how to file all of these necessary forms and documents.
In addition, domestic violence program advocates and staff in some
circuit clerk’s offices can assist you in the process for filing for an
Order of Protection. Domestic violence program advocates often can
go with you to court.
2. You do not need to pay for an order or have an attorney to get one.
There is no filing fee, court cost or bond required to file for an Order
of Protection; it is free. You do not need a lawyer to obtain an Order of
Protection. However, if you decide you want an attorney (for instance, if
you are concerned about going to court alone or the Respondent has hired
an attorney), you may contact the Missouri Bar Legal Resources Line
at (573) 636-3635. The Missouri Bar also offers a free Lawyer Search
function at http://MissouriLawyersHelp.org. If you cannot afford an
attorney, you may contact the Legal Services or Legal Aid offices in your
area. If they cannot represent you, many Legal Services offices have a
list of volunteer attorneys to represent you for free or at a reduced cost.
Legal Services and Legal Aid offices around the state are included in this
guide’s resource section, which starts on page 30.
3. Bring any documentation you have of abuse against you.
When you go to the courthouse to fill out the Petition for an Order
of Protection, you should bring any documentation or proof that the

Domestic Violence and the Law: A Practical Guide for Survivors 11
 abuse occurred. This includes pictures of injuries, law enforcement
reports and/or medical records, and screen shots of threatening texts
or email, etc.

How do I fill out the proper forms for an Order of Protection?
1. Write down the most recent abuse incident against you, the worst
incident and history of abuse.
When you describe the domestic violence, abuse, stalking or sexual
assault against you in the Petition for Order of Protection form, start
with the most recent episode of violence or threats of harm, then write
the worst or most frightening incident(s) and then go back in time
with each violent episode and the frequency of the episode(s).
2. Be specific about what you experienced.
It is extremely important that you are specific about the abuse,
describing in detail what the abuser did to you physically and/or
emotionally. If you know the exact dates of the abuse, include them in
the Petition. For example, do not just write, “They hurt me.” Instead
write, “On _______ (insert date only if you know for sure) they
grabbed me, punched me in the face and pushed me very hard against
our bedroom wall.” If the person called you names, write down the
exact names they called you so the judge can see specific examples of
the emotional abuse. In many jurisdictions, you can add additional
sheets of paper if there is not enough space. You can ask the clerk for
additional pieces of paper.
3. Describe any injuries and provide documentation if you can.
If the violence has caused any injuries, you should describe your
injuries in detail and tell the judge if you sought medical help and
if you have any documentation such as pictures, medical or law
enforcement records. If you have documentation of the abuse, you
should attach that to the Petition. If the Respondent is violent while
using alcohol or illegal drugs, write that in the Petition and remind
the judge about those details in your court hearing. It is important to
list any threats or other factors that cause you to believe the abuser is
becoming more dangerous, including if the abuser has guns.
4. Tell the judge why you are afraid now.
If you are afraid of the Respondent, it is important to write on the
Petition that you are afraid and explain in detail what makes you feel
that way. After reading your Petition, the judge will either grant or
deny you an Ex Parte Order of Protection. This initial decision is made

12 Domestic Violence and the Law: A Practical Guide for Survivors
 solely on the basis of what you have written in the Petition. With an
emergency Ex Parte Order of Protection, the judge usually will not
meet with you or listen to your evidence. If the judge does want to
meet with you to get more information, it will be informal, and he or
she might ask you more questions in the courtroom or in an informal
interview in the judge’s office.
5. Ask for the specific help and protection you need.
There are boxes printed on the Petition form that you can check to
ask the judge for specific protections and help. You also may ask for
additional things to be included in the order. This can be about having
property or pets returned to you, or to have the Respondent turn in
guns or other weapons that have been used to harm or threaten you.

What happens after the judge reads my Petition for an
Ex Parte order?
If a judge finds that there is current danger of abuse against you, an
Ex Parte order will be granted. If the Ex Parte order is granted, a copy of
the order is given to a local law enforcement agency and entered into a
statewide computerized records system used by law enforcement officers
(police and sheriffs’ deputies). This is called the Missouri Uniform Law
Enforcement System (MULES). Law enforcement officers can use the
MULES system to confirm that an Order of Protection was issued by a
Missouri court.
1. Service of the Ex Parte order on the Respondent
An Ex Parte order takes effect and is valid and enforceable when it
is entered. It remains in effect until it is properly “served” by being
physically delivered to the Respondent and until there is a full hearing
on the allegations.
After a judge grants an Ex Parte order, a law enforcement officer will
try to serve it on the Respondent or the Respondent’s custodial parent
or guardian if the Respondent is younger than 17. If law enforcement
cannot find the Respondent, your petition may be dismissed.
You may ask the judge to continue your case to give law enforcement
more time to serve the Respondent. If the Respondent still cannot
be served, you may request the court to appoint a private process
server called a “special process server.” Special process servers charge
a fee, and you would need to request in writing to the court for one
be appointed. If you decide to do this, you may ask the clerk in your
courthouse for a form.

Domestic Violence and the Law: A Practical Guide for Survivors 13
2. Notification that the Respondent has been served
When you file your Petition, a staff member in the circuit clerk’s office
should tell you about options to receive notification that the order has
been served on the Respondent. This can include how to call local
law enforcement offices and how to enroll in the Missouri Victims
Automated Notification System, known as MOVANS. If you enroll
in MOVANS, you can get a phone call or text to let you know the
Respondent has been served with the Ex Parte order. You can find out
more information about MOVANS by calling the Missouri Department
of Public Safety at (866) 334-6682 or go to the website at www.dps.
mo.gov/dir/programs/cvsu/movans.php. MOVANS also will notify
you about upcoming court dates and if the person who harmed you is
jailed or released from jail.
3. Calling law enforcement for violations of Ex Parte Orders of
Protection
If you have an Ex Parte order, you can call the police or sheriff ’s office
if the Respondent attempts to contact you. Missouri law requires that
law enforcement officers must arrest a Respondent who has notice of
the Ex Parte order and violates the order. Prosecutors might not be
able to file charges if the Respondent didn’t know about the Ex Parte
order because they were not physically served a copy. If you have
information that your abuser knew or was aware of the Ex Parte order
before the violation, it is important to tell law enforcement about the
abuser’s prior knowledge (for instance, if a family member or friend
has told the Respondent about the Ex Parte order).

What if the judge refuses to grant an Ex Parte Order of
Protection?
If the judge does not grant you an Ex Parte Order of Protection and you
are eligible to file for one, you still will be given a court date within 15 days
for a hearing on the Full Order of Protection. You will have an opportunity
at that hearing to prove your case to the judge to receive a Full Order.

14 Domestic Violence and the Law: A Practical Guide for Survivors
COURT HEARINGS ON FULL ORDERS
OF PROTECTION
The hearing for a Full Order of Protection will be held within 15 days
after you get your Ex Parte order and the Respondent has been served
with a copy of that order. The abuser must be served at least three days
prior to the hearing date. If the papers are not served on the Respondent
by that time, ask the judge or the judge’s clerk to extend the Ex Parte order
and schedule another court date. This is called a continuance. You may
always ask the judge to grant you a continuance for other reasons, like for
time to hire an attorney, find a witness, etc. It will be up to the judge to
decide whether to grant your request. If it is granted, the Ex Parte Order of
Protection remains in effect until the new court date.
Most days when Order of Protection hearings are scheduled in court,
a judge will have many cases to hear and you might have to wait for
your hearing.
During the hearing on the Full Order of Protection, after you and the
Respondent have presented all of your evidence, the judge will decide what
type of help and specific orders he or she should include in the Full Order
of Protection. It might be the same as what was ordered in the temporary
Ex Parte order.

How should I prepare for the court hearing on the Full Order
of Protection?
1. Gather records, documents and any witnesses to the abuse to use as
“evidence.”
You do not have to have proof of injuries or witnesses to the abuse
against you for the court hearing—your sworn testimony in the hearing
might be all the evidence you need to get an Order of Protection. If you
do have documentation, bring to the court hearing as much evidence
of the abuse or violence as you can safely get, such as pictures, screen
shots of texts or emails, medical reports, police reports, damaged
property and torn clothing. If they are available for the hearing, try
to bring any witnesses who have seen or heard the abusive behavior
against you.
2. Know what you want to say to the judge about why you are still
afraid of the abuser.
It can help to be prepared to describe to the judge in detail what you
wrote in your Petition about what has happened to you and why you

Domestic Violence and the Law: A Practical Guide for Survivors 15
 are still afraid of the abuser now. If the Respondent threatened you
with violence, tell the judge why you believe the threat and why it
makes you afraid that you are in danger. Tell the judge about the most
recent, the most violent and the most frightening episodes of domestic
violence, stalking or sexual assault.
3. Ask for the specific help and protection you need.
It can help to make a list of all of the protections you want in the order.
You can request specific court orders that allow only limited types of
contact with the Respondent. For instance, you can ask that someone
other than you be involved in taking your child(ren) for visitation with
the Respondent. If your circumstances have changed or if you have
changed your mind since you filed the Petition, you may be able to
change the type of help you request in the order.
4. A judge might ask you to agree to a “Consent” Order of Protection
without a hearing.
Be aware that before you have an opportunity to testify or present
evidence in the hearing for your Order of Protection, the judge might
ask you and the Respondent whether you both want to agree to the
entry of a Full Order of Protection without conducting a hearing.
If the Order of Protection is granted this way, it is called a Consent
Order of Protection. If you and the Respondent agree to a Consent
Order of Protection, the Respondent does not admit any wrongdoing
but consents to an order being issued stating that they will stay away
from you while the order is in place. If there are any issues you and
the Respondent disagree about, such as child custody or support, there
must be a full hearing. If you agree to a Consent Order of Protection,
there will be no evidence presented to the judge that the Respondent
abused, threatened or harmed you, and there will be no court record
made of the abuse. This could be a drawback if there needs to be
further legal action taken in the future, such as a divorce or child
custody case.
5. Be aware that your abuser or their lawyer can ask you questions
during a hearing.
The judge will allow both you and the Respondent to speak during
the hearing. Try to keep calm when you ask or answer any questions.
Know that the Respondent will probably use this time to contradict
what you say in your testimony. Some of the things they say in court
may hurt you or make you mad. Try to not get openly upset if the
abuser contradicts what you say, and try to remain as calm as possible.
It is important to not argue with the Respondent in court. Most judges

16 Domestic Violence and the Law: A Practical Guide for Survivors
 have held many protection order hearings and have experience with
contradictions in the testimony presented.
6. The judge decides at the end of the hearing to grant or deny the
Order of Protection.
If you have successfully proved your case of abuse, stalking or
sexual assault, the judge will issue the Full Order of Protection.
The judge may include everything you asked for in the order or
only include some of those requests. Typically, a judge will order
that the Respondent not assault or attempt to assault you; not
harass, intimidate, stalk or follow you; and not go to your residence,
workplace or your children’s school. The order might require that
the Respondent stay a certain distance away from you, wherever you
are. The judge may order that you be provided with other help, such
as granting temporary child custody and visitation, child support,
temporary maintenance payments, assistance with rent or mortgage
payments, or possession of certain property or pets.

How long does a Full Order of Protection stay in effect?
A Full Order of Protection lasts a minimum of 180 days and a
maximum of one year.

Can I renew a Full Order of Protection?
There are two ways you can ask for your Full Order of Protection
to be renewed. You can renew the order twice. Each renewal can last a
maximum of one year. You do not have to have experienced new instances
of abuse, threats or violence for the renewals.
1. Check the automatic renewal box on your Petition.
You may request an automatic renewal for an Order of Protection
by checking the renewal box on the Petition. The Respondent must
request a hearing 30 days prior to the expiration of the order to
potentially prevent the automatic renewal.
2. Ask the judge to renew the order before it expires.
If you do not request an automatic order renewal on your Petition, you
still may go back to the court before the Order of Protection expires
and request to renew the order. This should be done at least two weeks
before it expires. You can ask the staff at the court clerk’s office in the
courthouse for help in further explaining how you can seek a renewal
of your order. However, it is important to note that for a renewal to be
granted, you, as the Petitioner, must show that you would be in danger
if the order is not renewed.
Domestic Violence and the Law: A Practical Guide for Survivors 17
 If the order is not renewed and it expires, you will have to file a new
Petition for an Order of Protection, with new allegations of abuse, and go
through the legal process again.

Important things to remember after the Order of Protection
is issued
1. Keep your order with you.
Once you obtain a Full Order of Protection, make copies of it if
possible and keep one copy with you. Local law enforcement agencies
must keep copies of these orders on file, but you should keep a copy in
a purse, at home, at work, in your car or another safe place near you.
This is so you can show law enforcement officers you have an Order
of Protection if the Respondent violates it. Part of your safety plan can
include giving copies of your Full Order of Protection to someone in
places where you or your children go on a regular basis, such as your
workplace, church, childcare or school.
2. You cannot “violate” your own Order of Protection.
Legally you cannot violate an Order of Protection that you have against
someone else. The judge has ordered the Respondent to comply with
the requirements in the Order of Protection—the judge’s order is
not against you. However, if you have any voluntary phone, email or
personal contact with the Respondent, the court or law enforcement
officers might interpret that contact as proof that you are not afraid
of the person who has abused or harmed you. This can make it very
difficult to renew or enforce the order. If you feel you must have
contact with the Respondent, it might be safer if you make contact
through another person or in public settings. You also might want
to request that the judge order the Respondent to communicate with
you only at certain times and in certain ways. For example, if you
have children together you could request that the judge order the
Respondent to contact you regarding the children only on certain days
through text messaging.

What happens to my protection order if there also is a
divorce or child custody case?
Other legal cases should not end all of the provisions of your Order
of Protection. If you have any current child custody, visitation, child
support and/or maintenance orders when you are granted an Order of
Protection, they will stay in effect during the duration of the protection
order unless another custody order is entered in another court. Later,
if you get a divorce or paternity judgment against the Respondent and

18 Domestic Violence and the Law: A Practical Guide for Survivors
custody, visitation or child support is ordered, the portion of your Order
of Protection that deals with custody, visitation, support or maintenance
will no longer be valid. Remember, the parts of your Order of Protection
that prohibit the Respondent from harming you may remain in effect. You
should ask your attorney or the judge about how to do this. So, even if you
get a divorce or paternity order, if you are still afraid of your abuser, you
should not dismiss your Order of Protection.

How do I get the Order of Protection enforced?
If the Respondent violates the Order of Protection in any way, you
have criminal and civil options to have the order enforced. Different
options might be available to you in different parts of the state and court
jurisdictions, so you should contact your local court or domestic/sexual
violence program to find out all options available to you. Regardless of
what remedies are available to you, if it is safe to do so, it is important you
keep your own record or log of any violations committed by your abuser.
This will be helpful to prosecutors, civil lawyers and judges in determining
how to respond to any violations of your Order of Protection.

CRIMINAL ENFORCEMENT
A violation of an Order of Protection is a criminal offense, and you
should contact law enforcement immediately if the order has been violated.
The Respondent can be arrested and prosecuted for certain crimes such
as: if they continue to abuse you, contact you, frighten or stalk you; if any
provision of the child custody order is ignored; if they enter your residence
or place of employment or school; or being within a certain distance of you
or your child. If the violation involves the Respondent’s failure to surrender
custody of the children to you as ordered by the judge, they can be arrested
and the children turned over to you.

CIVIL ENFORCEMENT
You are allowed to file a Motion for Civil Contempt when the
Respondent has violated the Order of Protection. These are violations that
do not include abusing you, but are violations by the Respondent when
they have not complied with other provisions that are not enforced by law
enforcement. For example, when your Order of Protection requires the
Respondent to pay child support and maintenance, but you were not paid.
After the Motion for Civil Contempt is filed, a court date for a hearing will
be scheduled. On the court date, if the Respondent doesn’t have a good
reason for disobeying the Order of Protection, the judge can find them
in contempt of court. That means the judge can jail the Respondent until
they do what they were supposed to do (for example, pay all past due child
Domestic Violence and the Law: A Practical Guide for Survivors 19
support) or the judge can fine them an additional amount as punishment.
Not all courts hold regular contempt hearings, but filing for contempt
should always be available upon the request of the Petitioner. Filing a
motion for contempt usually requires an attorney.

LAW ENFORCEMENT RESPONSES TO
DOMESTIC VIOLENCE
If you are a victim of domestic violence, you can call local law
enforcement for help, whether or not you have an Order of Protection.
Missouri law requires law enforcement officers to apply the same
standard for response to an alleged incident of abuse or violation of an
Order of Protection as they would for any crime involving strangers. The
law instructs law enforcement officers that their role is to protect victims of
domestic violence from continuing abuse.

What should happen when I call law enforcement for help?
1. Tell the 911 dispatcher if you are still in danger when you call and
where you are.
When responding in an emergency situation, law enforcement might
take a few minutes to get to you. If you are afraid, it is important to
tell the 911 dispatcher of your fear and the reasons for it. If you can,
you should tell the dispatcher any other safety concerns you have and
whether the abuser has any guns or other weapons.
2. Officers are required to identify who is the abuser, not arrest both
people after a call for help.
When law enforcement officers arrive after you have called for help,
if both you and the person who has hurt you tell the officers that you
were assaulted, the officers are not required to arrest both of you. Law
enforcement officers are supposed to identify the person who is the
most violent or threatening. This person is called the “primary physical
aggressor.” To make this determination, Missouri law instructs law
enforcement officers to examine the comparative extent of the injuries
to both parties, to identify who has made serious threats to the other
person that created a fear of physical injury, and to find out the history
of domestic violence between the people involved.

20 Domestic Violence and the Law: A Practical Guide for Survivors
3. Officers should investigate, gather evidence and take pictures
of injuries.
After responding to your call and identifying the primary physical
aggressor, the officers should conduct a thorough investigation and
look for evidence or other proof of the abuse. Show them any bruises
or other injuries you have and any torn or bloody clothing, broken
items or any other signs or indications of the abuse, if there are any.
Officers should take pictures of any physical signs of abuse. Tell
the officer if anyone saw or heard part of the present or past abuse
against you or another member of your household. If possible, give
the officer names and phone numbers of these witnesses. If the abuser
has violated an Order of Protection, tell the officers and show them a
copy of your order so they can arrest the abuser for violating the order.
Try to keep your original order in case you need to show it to law
enforcement again later. You also should show the officers a copy of
separation, child custody or divorce papers, if there are any.
4. You have the right to ask officers to gather evidence if they don’t do so.
If the responding officers do not conduct a thorough investigation,
you have the right to ask them to take pictures of your injuries and
to contact witnesses, etc. You might ask for the responding officer’s
name and badge number so he or she can be a witness for you in any
civil or criminal proceeding you bring against your abuser. Write
this information down. You might wish to use this information
to thank law enforcement for their work later. Alternatively, if the
law enforcement officers who responded did not conduct a proper
investigation, you can use their badge numbers if you decide to file a
complaint.

What if a law enforcement officer doesn’t make an arrest
after I call for help?
If a law enforcement officer responding to a domestic violence call
believes there has been an assault (which includes a threat to commit
physical harm) and does not make an arrest, the officer is required
to make a written report of the incident. That report, by law, has to
completely describe the offender, and include the victim’s name, time
of call, address, the reason why no arrest was made and any other
pertinent information.
Missouri law requires that if a law enforcement officer is again called to
the same address within 12 hours and believes the same person has again
committed an assault or abuse against you or any other family member,

Domestic Violence and the Law: A Practical Guide for Survivors 21
the officer must arrest that person. The report from the first response may
be considered as evidence of the abuser’s intent to commit the abuse.

What other assistance can I get from law enforcement
agencies?
1. Information and referrals
Law enforcement officers are trained to know about local services
and should be able to tell you the locations for the closest services for
domestic violence or sexual assault victims. If you are hurt or need
food, clothing or counseling, law enforcement can direct you to an
appropriate community resource. Law enforcement agencies might
have established domestic violence response teams or individual
officers trained to deal with domestic violence or sexual assault
situations. These teams or individuals might be aided by shelter or rape
crisis advocates, social workers, ministers or other persons trained in
counseling or crisis intervention who can provide you with help and
support.
2. Transportation
Law enforcement officers at the scene of a domestic violence incident
are required by law to provide or arrange transportation for an abused
person to a medical facility for treatment of injuries or to a place of
shelter or safety [Section 455.080 RSMo].
3. Getting your personal belongings
If you left your home after a domestic violence incident and you need
to get belongings from your home, law enforcement officers can and
should escort you back to that residence. If you do not want to return
to stay in your home but decide to file for an Order of Protection, you
can ask the judge to include a specific provision in the order allowing
you to safely get your household goods and other personal things you
need from your home.

RESPONSES TO DOMESTIC VIOLENCE THROUGH
THE CRIMINAL LEGAL SYSTEM
The purpose of a criminal action is to hold abusers accountable for their
criminal conduct. The criminal legal system involves: law enforcement
officers, who arrest those who commit crimes; the prosecutor/district

22 Domestic Violence and the Law: A Practical Guide for Survivors
attorney, who files charges and prosecutes criminal cases against those
accused of crimes; the judge, who presides over criminal cases; probation
officers, who monitor offenders convicted of crimes; and corrections or jail
officials, who incarcerate sentenced offenders.

CONSIDERATIONS FOR PARTICIPATION IN THE
CRIMINAL LEGAL SYSTEM
1. Contact a domestic violence program to talk through your options.
It is normal to be apprehensive about participating in a criminal
prosecution, even if you want the person who harmed you to be held
accountable. It also is normal to want the abuse against you to stop but
to decide you do not want to participate in the criminal legal system.
Talking with an advocate from a domestic violence program can help
you decide the best plan for you. You can find the program closest to
you on the website of the Missouri Coalition Against Domestic and
Sexual Violence (MCADSV) at www.mocadsv.org.
2. Develop a safety plan.
If you make the decision to do so, you have the right to report crimes
committed against you and to participate in a criminal court process
against the person who victimized you. Before taking these steps,
however, it is important to have a safety plan in place to protect you
and your children during this process. If the person who abused you
was arrested and a criminal case is filed, they will likely be released
before there is a hearing on the case. If you sought an Order of
Protection during this time, there might also be a period of time
before your abuser is served with the court documents.
You want to make sure you are protected while waiting for a criminal
trial. If you are not sure of the range of options to keep you and your
family safe during this time, advocates at your local domestic or sexual
violence program can help you make a safety plan. You can use the
Personalized Safety Plan on page 37 to create your own plan.
3. You can change your mind about participating in a criminal case
against your abuser.
If you initially decide you want to participate in the prosecution
against the person who abused you, you can later change your mind
if you are afraid or for any other reason. Be aware, however, the

Domestic Violence and the Law: A Practical Guide for Survivors 23
 prosecutor might decide to go forward with the case and prosecute the
person who abused you even if you request the charges be dropped. You
also might be subpoenaed and legally required to testify in the case.

HOW DO I PREPARE FOR INVOLVEMENT WITH THE
CRIMINAL LEGAL SYSTEM?
Becoming involved with the criminal legal system and going through
a criminal trial as a victim of crime is a long and difficult process. Safety
planning will be important. Part of your safety plan might include taking care
of your emotional well-being with the help of a victim advocate, counselor,
support group, or with supportive family, friends or your faith community.
1. There are two ways to report a crime against you:
a. Report a crime to law enforcement.
As a victim of domestic violence, stalking or sexual assault, you can
make a criminal report to law enforcement. The report of the crime
against you from a law enforcement agency will be reviewed by the
prosecutor.
b. Report a crime to a prosecutor’s office at the courthouse.
If a law enforcement agency did not make a report of the crime
committed against you, you might need to go to the prosecuting
attorney’s office to make sure a complaint is filed. You will need to
describe to the prosecutor what happened to you, and you can bring
any witnesses to the domestic violence and any evidence of injury
or abuse, such as pictures, torn or blood-stained clothes, damaged
property and medical reports. Upon hearing your statement, the
prosecuting attorney’s office will decide whether to bring criminal
charges and prosecute the person who harmed you. This could
result in the issuance of a criminal summons or a warrant. The
prosecuting attorney might still issue a criminal summons or
warrant even if you do not have physical evidence
of abuse.
2. Learn about the role of the prosecuting attorney or district attorney.
As a victim of crime, you cannot “file charges” against the person who
has committed a crime against you. It is the role of the prosecuting
attorney (called the district attorney in some Missouri cities) to file
criminal charges against an abuser, who, if charged, becomes the

24 Domestic Violence and the Law: A Practical Guide for Survivors
 defendant. Most prosecuting attorneys’ offices have employees
called “victim-witness advocates” who should keep in contact with
you before the trial date to discuss the case and the evidence of the
crime against you. If there are any witnesses to the abuse or violence
against you that the prosecutor does not know about, you can inform
that advocate or other staff in the prosecutor’s office about these
witnesses. It also is important to let the prosecuting attorney know
if the defendant attempts to contact you after charges are filed and
during the time the case is pending. This contact might be important
evidence in the case and might result in additional charges being
brought against the defendant.
3. Learn about your rights.
Victims of crime in Missouri are guaranteed certain rights about their
participation in the criminal legal system. For instance, you have
the right as a victim of domestic violence to be kept informed of any
court dates. To find out more about crime victims’ rights, you may
contact your local prosecuting attorney’s office, the Missouri Attorney
General’s Office, at (573) 751-1338, or the Missouri Department of
Public Safety Crime Victim Services Unit, at (866) 334-6682. You
also may read the Missouri Victims’ Rights laws in Chapter 595 RSMo.
available online at www.revisor.mo.gov.
4. Ask about options to protect you from retaliation from your abuser
for testifying in court.
If you are worried about retaliation and harm to you if you testify in a
criminal case as a witness against the person who harmed you, tell the
prosecutor or the prosecutor’s victim advocate about your fears. You
can ask if the prosecutor will issue a subpoena that legally requires you
to come to court and testify. This can be a form of protection so the
abuser learns that you had no choice about whether to testify in court.
A prosecutor also can ask the judge to issue a “stay away” order so that
if your abuser contacts, harms or threatens you before a trial, they can
have their bail or bond revoked or possibly be jailed until the trial.
5. A criminal case can be filed even if you don’t want to participate
in a trial.
If you decide you do not want the prosecutor to file criminal charges
against the abuser, and you do not want to testify, the prosecutor might
still move forward with the case. Once a criminal case has begun, it
is up to the prosecutor to decide whether to drop the charges. Even if
you don’t want to testify, a prosecutor can issue a subpoena to require
a person to come to court and testify in a criminal trial. Missouri law

Domestic Violence and the Law: A Practical Guide for Survivors 25
 does, however, give a married person the right to not testify against
their spouse [Section 546.260 RSMo], but a spouse can “waive” that
privilege and testify.
6. Criminal case prosecution can take a long time.
Criminal cases are routinely continued for several weeks or even
months to allow the defendant to hire an attorney or to subpoena
witnesses. While waiting for a trial, staying in touch with staff in the
prosecutor’s office will help you be prepared for the trial in which
you will be called to testify. Contact the prosecuting attorney’s office
for information to help you keep track of the scheduled date for the
case and any changes to the dates of hearings or trial date. Make
sure to contact that office before the scheduled date to determine
whether you need to be present in court. Again, you can gain support
and assistance through this long process from local domestic violence
programs.
7. Ask an advocate or other trusted friend or family to come to court
with you.
It can be frightening or intimidating to face the person on trial for
hurting you. You might find it helpful to ask a friend, family member
or domestic violence program advocate to be a support person(s) for
you in the courtroom. Having a supportive person with you will help
remind you of your strength during the stress of a trial. Remember that
if you do not appear on the day scheduled for a preliminary hearing or
trial, your case may be dismissed.
8. Learn about criminal charges and their penalties.
It can be helpful for you to know and understand the criminal charges
against the person who has abused or harmed you. There are detailed
descriptions of the criminal offenses most often committed as aspects
of domestic violence beginning on page 52.
When the defendant is found guilty after a trial or pleads guilty to a
criminal offense, the punishment will depend on the criminal charges
filed and the circumstances of the case. A judge will issue the sentence
but will consider the prosecuting attorney’s recommendations as well
as other factors, such as whether the defendant previously committed
a similar crime. If there is a jury trial, the judge may be limited by the
jury’s recommendation. For most convictions of felony-level crimes,
the sentence includes a prison term. A defendant found guilty of a
misdemeanor-level crime might receive a suspended sentence, a fine
and/or probation. Depending on the circumstances of the case, you

26 Domestic Violence and the Law: A Practical Guide for Survivors
 might want to ask the court to order the defendant to participate in
what is called a batterer intervention program, obtain substance abuse
counseling and/or to stay away from you and your family.
9. Report any additional crimes or threats against you after your
abuser is convicted.
If the defendant contacts you or abuses you again after being found
guilty of a crime against you, report the contact or abuse to law
enforcement as soon as safely possible so that an investigation will be
conducted. You also can report the violation directly to the prosecutor
and/or the defendant’s probation officer if the defendant is on
probation for this or another kind of charge. You should not assume
the probation officer or prosecutor will be automatically notified of the
new activity just because it has been reported to law enforcement.

DOMESTIC AND SEXUAL VIOLENCE CRIMES

DOMESTIC ASSAULT
Domestic assault occurs when the assault is against a family or
household member, against a person who has a child in common with the
abuser, or against an adult who is or has been in a dating relationship with
the abuser. There are several different offenses of domestic assault. For a
detailed description, see page 52, or go to www.revisor.mo.gov to read the
domestic assault laws in Chapter 565 of the Missouri Revised Statutes.

RAPE AND SEXUAL ASSAULT
Sexual assault is a physical act of sexual violence. Sexual assault may
be used to describe specific criminal offenses of rape, sodomy, incest
or molestation. Sexual assault may occur between spouses or intimate
partners. There are many different types and degrees of sexual offenses.
For a detailed description, see page 54, or go to www.revisor.mo.gov
to read the rape and sexual offense laws in Chapter 566 of the Missouri
Revised Statutes.

STALKING
Stalking occurs when a person disturbs or follows you, more than once,
and causes you to be frightened, intimidated or emotionally distressed. The
person can do many things that would be considered stalking: following
you, writing or sending you frightening emails, hiding and watching you,

Domestic Violence and the Law: A Practical Guide for Survivors 27
calling you offensive names, breaking into your computer, and threatening
your safety or the safety of your family, household members or even your
pets or livestock. To be considered stalking, the offense must occur more
than once, showing a “course of conduct.” For a detailed description, see
page 59, or go to www.revisor.mo.gov to read the stalking laws in Chapter
565 of the Missouri Revised Statutes.

HARASSMENT
Harassment occurs when a person engages in any act with the purpose
of causing emotional distress to another person. The legal definition of
harassment is very broad. For a detailed description, see page 61, or go to
www.revisor.mo.gov to read the harassment laws in Chapter 565 of the
Missouri Revised Statutes.

28 Domestic Violence and the Law: A Practical Guide for Survivors
NUMBERS AND WEBSITES TO KNOW
Crime Victims’ Compensation Missouri Office of Prosecution
This program will reimburse victims of Services (MOPS)
crime (those who have reported the Victim Advocate/Coordinator
offense to law enforcement) by paying Staff at this office provide direct
for reasonable medical and counseling services to crime victims, working with
expenses as well as lost wages. prosecutors to inform crime victims about
www.dps.mo.gov/dir/programs/cvc/ their rights, and assisting victims with
(573) 526-6006 filing for financial reimbursements from
the Crime Victims’ Compensation fund.
Department of Public Safety Crime (573) 751-0619
Victim Services Unit
Staff in this state department can assist Missouri Victim Automated
victims who have difficulty gaining access Notification System (MOVANS)
to services or who believe their rights as Those with Orders of Protection or
crime victims have been denied. who are crime victims can enroll in
www.dps.mo.gov/dir/programs/cvsu this automated notification system
(866) 334-6682 that will send an email or a text notice
to registered users whenever there is
The DeafLEAD Institute a change in an offender’s incarceration,
Resources for D/deaf and Hard-of- court status or the status of a protection
Hearing and Late Deafened individuals order.
(573) 445-5005, for video and TTY www.dps.mo.gov/dir/programs/cvsu/
(800) 380-DEAF, for video and TTY movans.php
Text HAND to 839863
National Center for Victims of
Missouri Attorney General’s Office Crime, Stalking Resource Center
The Victim Services and Legal Support www.victimsofcrime.org
Unit provides assistance to crime victims (202) 467-8700
to help them understand their options.
(573) 751-1338 National Domestic Violence Hotline
(800) 799-SAFE (7233) or
Missouri Bar Legal Resources Line TDD (800) 787-3224
(573) 636-3635 24-hour chat line: www.thehotline.org
Lawyer Search Tool
http://missourilawyershelp.org National Sexual Assault Hotline -
Rape, Abuse and Incest National
Missouri Coalition Against Domestic Network (RAINN)
and Sexual Violence (MCADSV) www.rainn.org
MCADSV can connect you to programs (800) 656-HOPE (4673)
and resources throughout Missouri.
www.mocadsv.org
(888) 666-1911

Domestic Violence and the Law: A Practical Guide for Survivors 29
NUMBERS AND WEBSITES TO KNOW (continued)
National Suicide Prevention Lifeline “Safe At Home” program in the
www.suicidepreventionlifeline.org Missouri Secretary of State’s office
(800) 273-TALK (8255) The Safe at Home address confidentiality
program allows victims to, at no cost,
Missouri Department of Social establish a post office box in Jefferson
Services Child Abuse and Neglect City that is not part of any public record.
Hotline The Secretary of State will receive all
(800) 392-3738 mail sent to you, then forward the mail
(573) 751-3448 to your actual address. Those enrolled
(if calling outside of Missouri) in the Safe at Home program, which
(800) 669-8689 helps survivors of domestic violence,
TDD/TTY: (800) 735-2966 sexual assault, rape, human trafficking
or stalking, get a designated address
to use for public records such as
court documents, voting records, etc.
This keeps participants’ actual street
addresses confidential in public records.
(866) 509-1409
SafeAtHome@sos.mo.gov

LEGAL SERVICE OFFICES IN MISSOURI

Legal Aid of Western Missouri
Kansas City Central Office St. Joseph Outreach Office
4001 Blue Parkway, Suite 300 706 Felix Street
Kansas City, MO 64130 St. Joseph, MO 64501
Phone: (816) 474-6750 Mailing Address: PO Box 1086
Counties Served: Clay, Jackson, Platte St. Joseph, MO 64502
Phone: (816) 364-2325
Kansas City Westside Office Toll-Free: (800) 892-2101
920 Southwest Blvd. Counties Served: Andrew, Atchison,
Kansas City, MO 64108 Buchanan, Caldwell, Clinton, Daviess,
Phone: (816) 474-9868 DeKalb, Gentry, Grundy, Harrison, Holt,
Counties Served: Clay, Jackson, Platte Linn, Livingston, Mercer, Nodaway,
Putnam, Sullivan, Worth

30 Domestic Violence and the Law: A Practical Guide for Survivors
Joplin Outreach Office Warrensburg Outreach Office
302 S. Joplin 305 N. Holden
Joplin, MO 64801 Warrensburg, MO 64093
Mailing Address: PO Box 1605 Phone: (660) 747-7101
Joplin, MO 64802 Toll-Free: (800) 892-2943
Phone: (417) 782-1650 Domestic Violence: 877-537-7811
Toll-Free: 800-326-2996 (toll-free)
(Phone intakes accepted during all open
business hours)
Counties Served: Benton, Camden, Carroll,
Cass, Henry, Hickory, Johnson, Lafayette,
Morgan, Pettis, Ray, Saline, St. Clair

Legal Services of Eastern Missouri

St. Louis Union Outreach Office
4232 Forest Park Ave. 20 South Church Street
St. Louis, MO 63108 Union, Mo 63084
Phone: (314) 534-4200 Phone: (636) 583-7877
Toll-Free: (800) 444-0514 Toll-Free: (800) 583-7877
Counties Served: Jefferson, St. Charles, Counties Served: Franklin, Warren,
St. Louis City, St. Louis County Washington

Hannibal Outreach Office St. Louis County Family Court Project
801 Broadway 501 S. Brentwood Blvd.
Hannibal, MO 63401 St. Louis, MO 63105
Phone: (573) 248-1111 Phone: (314) 615-4502
Toll-Free: (800) 767-2018 Counties Served: St. Louis County
Counties Served: Adair, Clark, Knox,
Lewis, Lincoln, Macon, Marion, Monroe,
Montgomery, Pike, Ralls, Schuler,
Scotland, Shelby

Domestic Violence and the Law: A Practical Guide for Survivors 31
Mid-Missouri Legal Services Corporation

Columbia Jefferson City Outreach Office
1201 W. Broadway St. 428 E. Capitol Ave., Suite 200
Columbia, MO 65203 Jefferson City, MO 65101
Phone: (573) 442-0116
Toll-Free: (800) 568-4931
Counties Served: Audrain, Boone,
Callaway, Chariton, Cole, Cooper,
Howard, Miller, Moniteau, Osage,
Randolph

Legal Services of Southern Missouri

Springfield Rolla Outreach Office
809 N. Campbell 1000 North Pine, Suite B
Springfield, MO 65802 Rolla, MO 65401
Phone: (417) 881-1397 Phone: (573) 341-3655
Toll-Free: (800) 444-4863 Toll-Free: (800) 999-0249
Counties Served: Barry, Carter, Cedar, Counties Served: Crawford, Dent,
Christian, Dade, Dallas, Douglas, Gasconade, Iron, Madison, Maries,
Greene, Howell, Laclede, Lawrence, Phelps, Pulaski, Reynolds, St. Francois,
Oregon, Ozark, Polk, Shannon, Stone, St. Genevieve, Texas
Taney, Webster, Wright
West Plains Outreach Office
Cape Girardeau Outreach Office 313 Washington Ave.
1225 N. Kingshighway P.O. Box 887
P.O. Box 1837 West Plains, MO 65775
Cape Girardeau, MO 63702 Phone: (417) 255-0348
Phone: (573) 651-4806 Toll-Free: (800) 444-4863
Toll-Free: (800) 748-7456

Charleston Outreach Office
116 N. Main St.
P.O. Box 349
Charleston, MO 63834
Phone: (573) 683-3783
Toll-Free: (800) 748-7456
Counties Served: Bollinger, Butler,
Cape Girardeau, Dunklin, Mississippi,
New Madrid, Pemiscot, Perry, Ripley,
Scott, Stoddard, Wayne

32 Domestic Violence and the Law: A Practical Guide for Survivors
HELP AVAILABLE WITH PROTECTION ORDERS
Missouri domestic violence law allows a victim of abuse to ask the
court for the following types of help, as well as other terms the court
reasonably deems necessary to ensure an adult or child’s safety. A
Petitioner, through an Order of Protection, may ask the court to order a
Respondent to stay out of the Petitioner’s dwelling, home or residence,
stay away from the Petitioner’s place of employment or school, or order
that a Respondent stay a certain distance away from the Petitioner or
the Petitioner’s child/children.

ADULT ORDERS OF PROTECTION

EX PARTE ORDER OF PROTECTION
[SECTIONS 455.035 & 455.045, RSMo]

• Temporarily restrains the Respondent from committing or
threatening to commit domestic violence, stalking, sexual assault,
molesting, or disturbing the peace of the victim.
• Temporarily may restrain the respondent from entering the
premises of the dwelling unit of the petitioner when the dwelling
unit is: a) jointly owned, leased or rented or jointly occupied by both
parties; or b) owned, leased, rented or occupied by the Petitioner
individually; or c) jointly owned, leased or rented by the Petitioner
and a person other than the Respondent; provided, however,
no spouse shall be denied relief under this section by reason
of the absence of a property interest in the dwelling unit; or d)
jointly occupied by the Petitioner and a person other than the
Respondent; provided that the Respondent has no property interest
in the dwelling unit.
• Temporarily may restrain the Respondent from communicating with
the Petitioner in any manner or through any medium.
• May award temporary custody of minor children where appropriate.

FULL ORDER OF PROTECTION [SECTION 455.050 RSMo]

• Restrains the Respondent from committing domestic violence or
sexual assault, threatening to commit domestic violence or sexual
assault, stalking, molesting, or disturbing the peace of the victim.

Domestic Violence and the Law: A Practical Guide for Survivors 33
• May prohibit the Respondent from entering the premises of the
dwelling unit of the Petitioner when the dwelling unit is: a) jointly
owned, leased or rented or jointly occupied by both parties; or
b) owned, leased, rented or occupied by the Petitioner individually;
or c) jointly owned, leased, rented or occupied by the Petitioner and
a person other than the Respondent; provided, however, no spouse
shall be denied relief under this section by reason of the absence of
a property interest in the dwelling unit; or d) jointly occupied by the
Petitioner and a person other than the Respondent; provided that
the Respondent has no property interest in the dwelling unit.
• May prohibit the Respondent from communicating with the
Petitioner in any manner or through any medium.
• May award custody of minor children born to or adopted by the
parties when the court has jurisdiction over such child and no prior
order regarding custody is pending or has been made, and the
best interest of the child requires such order be issued. There is a
presumption that the best interest of the child is served by placing
him or her in the custody of the non-abusive parent.
• May establish a visitation schedule for the non-custodial parent
that is in the best interest of the child. The court can deny visitation
if it finds that visitation would endanger the child’s physical health,
impair his or her emotional development or would otherwise conflict
with the best interests of the child, or that no visitation can be
arranged that would sufficiently protect the custodial parent from
future abuse.
• May award child support when no prior order of support exists or
is pending.
• May award income maintenance, for no more than 180 days, to
the Petitioner when the Petitioner and the Respondent are lawfully
married.
• May order the Respondent to make or to continue to make rent or
mortgage payments on a residence occupied by the Petitioner if
the Respondent is found to have a duty to support the Petitioner
or other dependent household members.
• May order the Respondent to pay the Petitioner’s rent at a
residence other than the one previously shared by the parties if
the Respondent is found to have a duty to support the Petitioner
and the Petitioner requests alternative housing.

34 Domestic Violence and the Law: A Practical Guide for Survivors
• May order the Petitioner be given temporary possession of specified
personal property, such as automobiles, checkbooks, keys and other
personal effects.
• May prohibit the Respondent from transferring, encumbering or
otherwise disposing of specified property mutually owned or leased
by the parties.
• May order the Respondent to participate in a court-approved
counseling program designed to help batterers stop violent
behavior or to participate in a substance abuse treatment program.
• May order the Respondent to pay a reasonable fee for housing and
other services that have been provided or that are being provided to
the Petitioner by a domestic violence shelter.
• May order the Respondent to pay court costs.
• May order the Respondent to pay the cost of medical treatment and
services that have been provided or that are being provided to the
Petitioner as a result of injuries sustained to the Petitioner by an act
of domestic violence committed by the Respondent.
• May order one of the parties to pay the other’s attorney’s fees.
• May order a wireless service provider to transfer the billing
responsibility and rights to the wireless telephone number or
numbers to the petitioner, if the petitioner is not the wireless
service accountholder.

CHILD ORDERS OF PROTECTION

EX PARTE CHILD ORDER OF PROTECTION
[SECTION 455.520 RSMo]

• Temporarily restrains the Respondent from committing or
threatening to commit domestic violence, stalking, sexual assault,
molesting, or disturbing the peace of the victim.
• Temporarily may restrain the Respondent from entering the family
home of the victim except as specifically authorized by the court; from
communicating with the victim in any manner or through any medium,
except as specifically authorized by the court; provides a temporary
order of custody of minor children.
• No Ex Parte Order of Protection excluding the respondent from the
family home shall be issued unless the court finds that: the order is

Domestic Violence and the Law: A Practical Guide for Survivors 35
 in the best interests of the child or children remaining in the home;
the verified allegations of domestic violence present a substantial risk
to the child or children unless the Respondent is excluded;
and a remaining adult family or household member is able to
care adequately for the child or children in the absence of the
excluded party.

FULL CHILD ORDER OF PROTECTION [SECTION 455.523 RSMo]

• Restrains the Respondent from committing domestic violence or
sexual assault, threatening to commit domestic violence or sexual
assault, stalking, molesting, or disturbing the peace of the victim.
• Awards custody of any minor child born to or adopted by the parties
when the court has jurisdiction over such child and no prior order
regarding custody is pending or has been made, and the best
interests of the child require such order be issued.
• May award visitation.
• May award child support in accordance with Supreme Court Rule
88.01 and Chapter 452 RSMo.
• May award maintenance to Petitioner when Petitioner and Respondent
are lawfully married in accordance with Chapter 452 RSMo.
• May order the Respondent to make or to continue to make rent or
mortgage payments on a residence occupied by the victim if the
respondent is found to have a duty to support the victim or other
dependent household members.
• May order the Respondent to participate in a court-approved
counseling program designed to help stop violent behavior or to
treat substance abuse.
• May order the Respondent to pay, to the extent that they are able,
the costs of their treatment, together with the treatment costs
incurred by the victim.
• May order the Respondent to pay a reasonable fee for housing and
other services that have been provided or that are being provided
to the victim by a shelter for victims of domestic violence.
• May order a wireless service provider to transfer the billing
responsibility and rights to the wireless telephone number or
numbers of any minor children in the Petitioner’s care to the
Petitioner, if the Petitioner is not the wireless service accountholder.

36 Domestic Violence and the Law: A Practical Guide for Survivors
PERSONALIZED SAFETY PLAN
Safety plans help survivors anticipate the dangers they might face.
A safety plan is an adaptable tool to help increase your safety in an
ever-changing situation.

WHEN TO USE A SAFETY PLAN
Safety plans can be made for a variety of situations: for dealing with
an emergency, such as when you are threatened with physical assault
or an assault has occurred; for continuing to live with or date a partner
who has been abusive; or for protecting yourself after you have ended
a relationship with an abusive partner.

USE WHAT YOU ALREADY KNOW
If you have been abused, you probably know more about safety
planning and risk assessment than you might realize. Being in
a relationship with an abusive partner—and surviving—requires
considerable skill and resourcefulness. Any time you do or say
something as a way to protect yourself or your children, you are
assessing risk and enacting a safety plan. You do it all the time; it’s
just not always a conscious process.

LOOK AT THE RISKS
It can be a helpful strategy to evaluate risks and make safety plans in
a more intentional way. Whether you are currently with your partner or
have ended the relationship, and whether you choose to use available
services or to involve the police, there are certain things that are
helpful to consider in planning for your future safety.

BE AWARE OF DANGERS
If you are planning to leave your partner or already have left, be aware
that abusers often escalate their violence during times of separation.
Making a separation safety plan can help reduce the risks to you and
your children.

EVALUATE YOUR OPTIONS
Only you can judge whom it’s safe to tell about your situation and
whom to ask for help. Sometimes, people who don’t have good
information about domestic violence respond in ways that aren’t

Domestic Violence and the Law: A Practical Guide for Survivors 37
 PERSONALIZED SAFETY PLAN
helpful, even when they mean well. On the other hand, you might feel
comfortable asking for help from someone you know. It’s your decision.
The important thing is for you to identify all the people who might be
willing and able to help you. Make a list of their phone numbers and
attach it to your safety plan for easy reference.

PLAN AHEAD
You don’t have to wait for an emergency to ask for help. In fact, it’s a
good idea to talk to people who can help before there’s a crisis. Find
out what they are willing and able to do for you. That way, you’ll know
in advance if you have a place to stay, a source of financial assistance
or a person to help you in other ways.

REDUCE YOUR RISK
No one has control over a partner’s violence, but people can and do
find ways to reduce their risk of harm. The following safety plan is a
tool to help you identify and evaluate your options and assist you in
creating a personalized plan to reduce your risk when confronted with
the threat of harm or with actual harm. Use what applies or change it
to reflect your particular situation. Your safety plan does not need to
be written down (especially if you fear your abuser will find it), though
you may choose to. There’s no right or wrong way to develop a safety
plan. Make it your own, and review it regularly to make changes as
needed.

KEEP YOUR PLAN IN A SAFE PLACE
Only you can decide whether it is safe to have a written safety
plan. If you decide to keep a written plan, find a place to keep it
where your partner won’t find it. Ask a friend to keep a copy for
you. Whether it’s safe to write down your plan or not, it’s still
important to make one.

SAFETY DURING A VIOLENT INCIDENT
 I will use my judgment and intuition. If I think my partner is going
to hurt me, I will try to move to a space that has lower risk, such
as __________________. (Often bathrooms, garages, kitchens,
areas near weapons or rooms without an outside exit are most
dangerous.)

38 Domestic Violence and the Law: A Practical Guide for Survivors
 PERSONALIZED SAFETY PLAN
 If the situation is serious, I can try to calm down my partner by
giving in to demands. I have the right to protect myself until I/my
children are out of danger.

SAFETY IF STAYING
 I can tell __________________ about the violence and request
they call 911 if they hear noises coming from my home.
 I can teach my children how to use the phone or call 911 to contact
the police or fire department and/or how to contact a safe neighbor
for help. I will make sure my children know our address.
 I can put emergency numbers in my phone.
 I will use __________________ as the code word with my
children or my friends so they will call for help if needed.
 If I have to leave my home, I will go to __________________.
If I cannot go there, I can go to __________________.
 The local domestic violence program hotline number is
__________________. I can call it or the national hotline at (800)
799-SAFE (7233) for help.

SAFETY IF LEAVING
Preparing to leave
 I will call a domestic violence program to get help making my plans.
The hotline number for the nearest program is
________________.
 I will leave money and an extra set of keys with
__________________ so I can leave quickly.
 I will leave extra clothes with ____________.
 I can open a post office box and have personal mail and bills (credit
cards, cellphone, etc.) sent there.
 I will ask ____________ and ___________ to see who would be
able to let me stay with them or lend me some money.
 I can increase my independence by opening a bank account
and getting credit cards in my own name; by taking classes or
getting job skills; and/or by getting copies of all the important
papers and documents I might need and keeping them with
____________________.

Domestic Violence and the Law: A Practical Guide for Survivors 39
 PERSONALIZED SAFETY PLAN

 I can rehearse my escape plan and, if appropriate, practice it with
my children.
 If it’s not safe to talk openly, I will use _____________ as the code
word or signal to my children that we are leaving, or to my family or
friends that we are coming.
 I can keep my purse or a wallet and car keys ready and put them
___________ so I can leave quickly.
 I can take my pet to ________________ if I need to leave.

ITEMS TO CONSIDER TAKING IF LEAVING
The following items may be helpful to have if you decide to leave,
but remember that almost all of these items are replaceable.
 Identification for myself
 My and my children’s birth certificates and Social Security cards
 Credit, debit and ATM cards
 School and vaccination records
 Money, checkbook and bankbooks
 Cellphone chargers and phone plan records
 Medication and medical supplies
 Medical records for all family members
 Keys—house, car, work
 Driver’s license, car registration
 Insurance papers
 Public assistance ID/EBT and Medicaid cards
 Passports, Alien Registration Receipt Cards, work permits, green
cards for myself and my children
 Divorce or separation papers
 Lease, rental agreement or house deed
 Car/mortgage payment book
 Children’s toys, security blankets, stuffed animals
 Sentimental items, photos, jewelry
 Small objects to sell
 My personalized safety plan (if written down)

40 Domestic Violence and the Law: A Practical Guide for Survivors
 PERSONALIZED SAFETY PLAN

SAFETY AT HOME
If my partner and I are no longer living together
 I can, or ask my landlord to, change the locks on my doors and
windows.
 I can, or ask my landlord to, replace wooden doors with metal ones.
 I can, or ask my landlord to, install security systems, including
additional locks, window bars, poles to wedge against doors, etc.
 I can buy rope ladders to be used for escape from second-floor
windows.
 I can install smoke detectors and put fire extinguishers on each
floor in my home.
 I can provide my onsite property manager and/or trusted neighbors
with a picture of my partner and ask them to notify the police if
they see him near my home.

SAFETY AT WORK
 I can inform my boss, the security supervisor and the employee
assistance program (EAP), if available, about my situation. The
number of the EAP office is _______________.
 I can ask ______________to screen my calls and visitors at work.
 When leaving work, I can _______________.
 If there’s trouble when traveling to and from work, I can call 911 or
_____________.

SAFETY IN PUBLIC OR IF BEING STALKED
 If I suspect I am in imminent danger, I will locate a safe place for
myself (police stations, residences of family or friends, domestic
violence shelters, local churches, public areas, etc.).
 I can document my partner’s actions and keep it in a safe place.
This may include taking photos of destroyed property/vandalism,
saving voicemails, keeping texts/email/letters/notes, etc.
 I can change my patterns—avoid stores, restaurants, banks, doctor’s
appointments, self-service laundries and other places where my
partner might find me based on my regular schedule.

Domestic Violence and the Law: A Practical Guide for Survivors 41
 PERSONALIZED SAFETY PLAN

 I can tell ____________ and ____________ about the situation
and provide them with a photo or description of my partner and any
possible vehicles. I can ask them to call the police if they believe I or
my children are in danger.
 When I am out of the house, I will try not to travel alone and will try
to stay in public areas.

WITH AN ORDER OF PROTECTION
 I will keep my protection order ____________. (Always keep it on
or near you.)
 I will give copies of my protection order to the local police or sheriff
and to departments in towns where I visit friends and family.
 I will give copies to my employer, my religious adviser, my
closest friend, my children’s school and child-care center and
_______________.
 If my partner destroys my order or if I lose it, I can get another copy
from the court that issued it.
 If my partner violates the order, I can call the police and report a
violation, contact my attorney, call my domestic violence program
advocate, and/or advise the court of the violation.
 I can call a domestic violence program if I have questions about
how to enforce an order or if I have problems getting it enforced.
 I will document all instances, including dates and times, of abuse
and/or violations of a valid Order of Protection

PROTECTING MY CHILDREN
 I can teach developmentally appropriate safety strategies to my
children.
 I can teach my children how to make a phone call to me if they are
concerned about their safety.
 I can teach my children how to use the phone or call 911 to contact
the police and fire departments and how to contact a safe neighbor
for help. I will make sure they know our address.
 I can tell my children’s caretakers who has permission to pick them
up and make sure they know how to recognize those people.

42 Domestic Violence and the Law: A Practical Guide for Survivors
 PERSONALIZED SAFETY PLAN

 I will give the people who take care of my children copies of custody
and protection orders, as well as emergency numbers.
 I can arrange care for my pets ahead of time and keep them
supervised when outside.

SAFETY AND TECHNOLOGY
 Each day there are advances in technology. I can ask someone
familiar with technology or domestic violence about the ways that
my partner might monitor me.
 I will use a computer that my partner doesn’t have access to
when I look for help, a new place to live, etc. It might be safest
to use a computer at a public library, community center or
___________________.
 I can ask my friends and family to be careful about whom they give
my email address to and to use the Bcc: option when copying me
on an email.
 When making or receiving private calls, I will not use a cellphone
that I share with my partner because my partner might have access
to cellphone billing records or might have put settings on my phone
to track my whereabouts. My local domestic violence shelter might
have a donated cellphone I can use.
 I will ask the court systems, post office and other government
agencies how they protect or publish my records and request that
they seal or restrict access to my files to help protect my safety.
 I will ask a domestic violence advocate about the address
confidentiality program Safe at Home.

MY EMOTIONAL HEALTH
 If I am feeling down, lonely or confused, I can call _____________
or the domestic violence hotline _______________.
 If I have left my partner and am considering returning,
I will call ___________________ or spend time with
___________________ before I make a decision.
 I can attend support groups, workshops or classes at the local
domestic violence program or _______________ so I can build a
support system, learn skills or get information.

Domestic Violence and the Law: A Practical Guide for Survivors 43
 PERSONALIZED SAFETY PLAN

 I will look at how and when I drink alcohol or use other drugs. If I am
going to drink or use other drugs, I will do it in a place where people
are committed to my safety.

MY SAFETY PLANNING AS AN IMMIGRANT OR REFUGEE
Additional items to consider collecting
 Copies of important papers, including those I might need for my
immigration case, such as my I-94, copies of visa applications, work
permits, etc.
 Photos of my spouse and I when we were dating
 Wedding invitation
 Marriage certificate
 Photographs of my wedding
 Love letters, emails or cards from my spouse when we were dating
and after our marriage
 Copies of police reports and medical records
 Photos of my injuries
 Copies of my spouse’s birth certificate/Social Security card/green
card/or certificate of naturalization
 Divorce papers from my previous marriage or from my spouse’s
previous marriage, papers that show I have lived with my spouse
in the United States (e.g., copies of my lease/rental agreement,
utility bills or any envelopes or documents with my name and my
spouse’s name listed at the same address)
If law enforcement becomes involved
 I will consider contacting an attorney or organization that provides
immigration legal services to learn more about what forms of help
and immigration relief might be available to me or in the event that
I am detained and need their assistance.
 I can consider appointing a power of attorney over my minor children
in case I am detained and separated from my children (a possible
power of attorney might be a friend or trusted family member).
 I will educate myself about my rights as an immigrant or refugee.
 I can become familiar with my consulate and the assistance it
provides.

44 Domestic Violence and the Law: A Practical Guide for Survivors
 PERSONALIZED SAFETY PLAN

HOW CAN A DOMESTIC VIOLENCE PROGRAM HELP ME?
Local domestic violence and sexual violence programs are a vital
resource, providing free and confidential assistance to adults and
their children victimized by domestic violence, rape, sexual assault
and stalking. They provide emergency safety services such as shelter
and 24-hour crisis hotlines. You don’t have to stay in a shelter to get
help from a program. Most also provide a full range of non-residential
services to those who have been abused. Domestic violence program
advocates are experienced in providing assistance to survivors and their
children. They understand the criminal, legal, family court, immigration
and social service systems. They are familiar with other community
resources that might be useful to you.
In addition to giving you helpful information, advocates often can
accompany you to court, to the police station, to the hospital or
to social services offices. They can provide you with practical and
emotional support. Getting help from someone who has experience
working with survivors of domestic or sexual violence and who knows
how to work with the different systems can make things easier for you.
 The local domestic violence program in my area is
________________ and their phone number is ____________.

NATIONAL DOMESTIC VIOLENCE
HOTLINE
800-799-SAFE (7233)
Toll-free, 24-hour crisis intervention and referrals
to domestic violence programs in your area.

24-hour chatline:
www.thehotline.org

Domestic Violence and the Law: A Practical Guide for Survivors 45
PROCEDURE FOR OBTAINING AN
ORDER OF PROTECTION

ABUSE, STALKING OR
SEXUAL ASSAULT OCCURS

PETITIONER FILES FOR ORDER
OF PROTECTION AT COURTHOUSE

JUVENILE COURT JURISDICTION FOR
PETITION REVIEWED BY COURT
RESPONDENTS 17 AND YOUNGER

EX PARTE ORDER OF PROTECTION EX PARTE ORDER OF PROTECTION
GRANTED DENIED

SHERIFF/POLICE GIVEN COPY
OF EX PARTE ORDER TO SERVE
UPON RESPONDENT AND
TO ENTER INTO MULES* DATABASE

PETITIONER GIVEN EX PARTE ORDER PETITIONER GIVEN COURT
AND DATE FOR FULL HEARING DATE FOR FULL HEARING

RESPONDENT SERVED WITH ORDER RESPONDENT SERVED WITH
AND NOTICE FOR FULL HEARING NOTICE OF FULL HEARING

FULL ORDER OF PROTECTION
HEARING

FULL ORDER OF PROTECTION FULL ORDER OF PROTECTION MAY RENEW TWO TIMES
DENIED GRANTED FOR UP TO ONE YEAR
AUTOMATIC
DENIAL APPEALED TO RENEWAL
PETITIONER GIVEN COPY OF ORDER
APPELLATE COURT
PETITION
RESPONDENT MAILED OR COURT FOR
SERVED WITH COPY OF ORDER RENEWAL

* MULES is the Missouri
SHERIFF/POLICE GIVEN COPY OF
Uniform Law Enforcement FULL ORDER TO ENTER INTO MULES
System operated by the
Missouri State Highway Patrol

46 Domestic Violence and the Law: A Practical Guide for Survivors
MISSOURI PROTECTION ORDERS AT A GLANCE

WHO CAN GET AN ORDER OF PROTECTION?
Adult Order of Protection: [Section 455.010(11) RSMo] The person who
files for the Order of Protection is called the Petitioner. The Petitioner
is any adult, defined as a person 17 years of age or older, or otherwise
emancipated [Section 455.010(2) RSMo].
Child Order of Protection: [Section 455.010(11) & 455.503(2) RSMo].
The Petitioner is any parent, guardian, guardian ad litem,
court-appointed special advocate, or juvenile officer on behalf of a
child (any person younger than 17 years of age).

WHOM CAN THE ORDER BE ISSUED AGAINST?
Adult and Child Orders of Protection: [Section 455.010(12) RSMo] The
person the Order of Protection is filed against is called the Respondent.
The Respondent can be any family or household member (a spouse,
a former spouse, any person related by blood or marriage, any person
residing together or who resided together in the past, any person who is
or has been in a continuing social relationship of a romantic or intimate
nature with the victim, or anyone who has a child in common, regardless
of whether they have been married or have resided together [Section
455.010(7) RSMo]) and a person alleged to have committed an act of
stalking or sexual assault. Petitioners can file protection orders for sexual
assault and stalking against people who are not their family or household
members. In addition, an Order of Protection can be filed against a child,
a person younger than 17.

WHAT ACTS BY THE ABUSER FORM THE BASIS FOR RELIEF?
Adult and Child Orders of Protection: [Section 455.010(1) RSMo]
Abuse, which 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 Missouri law: assault, battery, coercion, harassment,
sexual assault or unlawful imprisonment, except abuse shall not include
abuse inflicted on a child by accidental means by an adult or household
member or discipline of a child, including spanking, in a reasonable
manner. Stalking and sexual assault also are covered by this section of
law.

Domestic Violence and the Law: A Practical Guide for Survivors 47
WHAT ARE THE LAWS THAT ESTABLISH ORDERS OF
PROTECTION?
Adult Order of Protection:
[Section 455.045 RSMo] Ex Parte Order of Protection.
[Section 455.050 RSMo] Full Order of Protection.
Child Order of Protection:
[Section 455.520 RSMo] Ex Parte Child Order of Protection.
[Section 455.523 RSMo] Full Child Order of Protection.

HOW DO YOU APPLY FOR AN ORDER OF PROTECTION?
Adult Order of Protection: [Sections 455.015–455.038 RSMo] The
Petitioner must go to a court to get an Order of Protection. The
Petitioner files a petition with the court asking for an Ex Parte Order of
Protection (a temporary Order of Protection) if there is an immediate
and present danger to the Petitioner. An Ex Parte Order of Protection is
not always granted, but the court always should set a hearing date. A
hearing on a full Order of Protection should be held within 15 days after
petition is filed, unless there is good cause for a continuance. [Section
455.040 RSMo]
Child Order of Protection: [Sections 455.503–455.510 RSMo] The
Petitioner must go to a court to get an Order of Protection. [Section
455.035 RSMo] First, the Petitioner files a petition with the court asking
for an Ex Parte Order of Protection (a temporary Order of Protection)
if there is an immediate and present danger to the child. An Ex Parte
Order of Protection is not always granted, but the court always should
set a hearing date. A hearing on a full Child Order of Protection should
be held within 15 days after petition is filed unless there is good cause
for a continuance. [Section 455.516 RSMo]

HOW LONG CAN AN ORDER LAST, AND IS IT RENEWABLE?
Adult Order of Protection: [Section 455.040(1) RSMo] An Order of
Protection lasts for a minimum of 180 days and a maximum of one
year. It can be renewed twice; each renewal can last up to one year. No
new incident of abuse, sexual assault or stalking is required if the order
is renewed before the old one expires.
Child Order of Protection: [Section 455.516(1) RSMo] A Child Order of
Protection can last for a minimum of 180 days and a maximum of one
year. The order can be renewed twice; each renewal can last up to

48 Domestic Violence and the Law: A Practical Guide for Survivors
one year. No new incident of abuse is required if the order is renewed
before the old one expires.
Automatic One-Year Renewal [Sections 455.040(1) & 455.516(1)
RSMo]: The court may, upon a finding that it is in the best interest of
the parties, include a provision that any Full Order of Protection for
one year shall automatically renew unless the Respondent requests a
hearing by 30 days prior to its expiration. You may check the box on
your petition requesting an automatic one-year renewal.

WHAT HAPPENS IF A CUSTODY ORDER IS ALREADY IN
PLACE OR PENDING BEFORE AN ORDER OF PROTECTION IS
GRANTED?
Adult and Child Orders of Protection: [Sections 455.050(3)(1) &
455.523(2)(1) RSMo] A court may not change custody in an Order of
Protection if a child custody order is in place or is pending. A custody
order is pending if there is a date set for a custody hearing. Local
practice may require modification of the protective order to remove
the custody terms.

WHAT HAPPENS IF ANOTHER COURT MAKES A CUSTODY
ORDER AFTER AN ORDER OF PROTECTION IS GRANTED?
Adult Order of Protection: [Section 455.060(4) RSMo] The portion
of the Order of Protection relating to custody, visitation, support and
maintenance is no longer valid, but the prohibitions regarding abuse
remain in effect. Local practice may require modification of the order
to remove custody terms.
Child Order of Protection: [Section 455.528(2) RSMo] The portion of
the Order of Protection relating to custody, visitation, support and
maintenance is no longer valid, but the prohibitions regarding abuse,
sexual assault or stalking remain in effect. Local practice may require
modification of the order to remove custody terms.

CAN AN ORDER BE MODIFIED?
Adult Order of Protection: [Sections 455.060 & 455.065 RSMo] Yes.
Upon the filing of a motion and a showing of changed circumstances.
Child Order of Protection: [Sections 455.528 & 455.530 RSMo] Yes.
Upon the filing of a motion and a showing of changed circumstances.

Domestic Violence and the Law: A Practical Guide for Survivors 49
ARE PROTECTION ORDERS FROM OTHER STATES
ENFORCEABLE IN MISSOURI?
Adult Order of Protection: [Section 455.067 RSMo] Yes. Missouri law
provides that orders from other states must be given “full faith and
credit” in Missouri. A procedure for registering these “foreign orders” is
contained in the statute. However, registration does not have to occur
for such orders to be enforced.
Child Order of Protection: Uncertain. No statutory or legal precedent
at this time. Child orders might be covered by the federal Violence
Against Women Act. An attorney should be consulted for more
information.

WHAT HAPPENS IF AN ORDER IS VIOLATED?
Adult and Child Orders of Protection: [Sections 455.085, 455.090,
455.538 & 455.524 RSMo] The Respondent can be arrested and
prosecuted for a crime. Arrestable violations of the terms and
conditions of a protection order include abuse, sexual assault, stalking,
disregard of child custody provisions, communication initiated by
the Respondent, or entrance upon the premises of the Petitioner’s
dwelling unit, place of employment or school, or being within a certain
distance of the Petitioner or child of the Petitioner. If the violation
involves the failure to surrender custody of a minor child to the person
to whom custody is awarded, the Respondent must be arrested and
the child turned over to the custodial parent. A contempt of court
action can be brought in the issuing court, and the violator can be held
in contempt of court. (This sometimes results in a fine and can include
jail time.)

50 Domestic Violence and the Law: A Practical Guide for Survivors
CRIMINAL PENALTIES

PENALTIES FOR FELONIES
[SECTIONS 558.002 & 558.011 RSMO]
• Class A felony is punishable by a prison term of 10 to 30 years,
or life.
• Class B felony is punishable by a prison term of 5 to 15 years.
• Class C felony is punishable by a prison term of 3 to 10 years
and/or a fine up to $10,000.
• Class D felony is punishable by a prison term of up to 1 year in
county jail or 1-7 years in state prison and/or fine of up to $10,000.
• Class E felony is punishable by a prison term of up to 1 year in
county jail or 1-4 years in state prison and/or fine of up to $10,000.
• Corporations may be fined up to $20,000 for any felony.

PENALTIES FOR MISDEMEANORS
• Class A misdemeanor is punishable by up to 1 year imprisonment
in county jail and/or a fine of up to $2,000
• Class B misdemeanor is punishable by up to 6 months
imprisonment in county jail and/or a fine. up to $1,000.
• Class C misdemeanor is punishable by up to 15 days imprisonment
in county jail and/or a fine. up to $750.
• Class D misdemeanor is punishable by fines up to $500.
• Corporations may be fined up to $10,000 for any misdemeanor.

Domestic Violence and the Law: A Practical Guide for Survivors 51
DOMESTIC ASSAULT OFFENSES
A “domestic victim” is a family or household member: spouses, former spouses, any
person related by blood or marriage, persons who are presently residing together or
have resided together in the past, any person who is or has been in a continuing social
relationship of a romantic or intimate nature with the victim, and anyone who has a child
in common regardless of whether they have been married or have resided together at
any time. [Section 565.002(6) RSMo]

DOMESTIC ASSAULT, 1ST DEGREE Section 565.072 RSMo
Criminal Act
Attempts to kill, or knowingly causes or attempts to cause serious
physical injury to a domestic victim.

Class of Crime
Class B felony: 5 to 15 years in state prison
Class A felony [if a person inflicts serious physical injury on the
victim]: 10 to 30 years in state prison, or life

DOMESTIC ASSAULT, 2ND DEGREE Section 565.073 RSMo
Criminal Act
1. Knowingly causes physical injury to a domestic victim by any
means, including but not limited to use of a deadly weapon or
dangerous instrument, or by choking or strangulation.
2. Recklessly causes serious physical injury to such domestic victim;
or
3. Recklessly causes physical injury to such domestic victim by
means of a deadly weapon.

Class of Crime
Class D felony: Up to 1 year in county jail or 1-7 years in state prison
and/or fine of up to $10,000

DOMESTIC ASSAULT, 3RD DEGREE Section 565.074 RSMo
Criminal Act
Attempts to cause physical injury or knowingly causes physical pain
or illness to a domestic victim.

Class of Crime
Class E felony: Up to 1 year in county jail or 1-4 years in state prison
and/or fine of up to $10,000
52 Domestic Violence and the Law: A Practical Guide for Survivors
DOMESTIC ASSAULT OFFENSES, CONTINUED

DOMESTIC ASSAULT, 4TH DEGREE Section 565.076 RSMo
Criminal Act
1. Attempts to cause or recklessly causes physical injury, physical
pain, or illness to a domestic victim;
2. With criminal negligence, causes physical injury to a domestic
victim by means of a deadly weapon or dangerous instrument;
3. Purposely places a domestic victim in apprehension of immediate
physical injury by any means;
4. Recklessly engages in conduct which creates a substantial risk of
death or serious physical injury to a domestic victim;
5. Knowingly causes physical contact with a domestic victim
knowing he or she will regard the contact as offensive; or
6. Knowingly attempts to cause or causes the isolation of a domestic
victim by unreasonably and substantially restricting or limiting
his or her access to other persons, telecommunication devices or
transportation for the purpose of isolation.

Class of Crime
Class A misdemeanor: Up to 1 year in county jail and/or fine of up to
$2,000
Class E felony [if the person has previously been found guilty of
the offense of domestic assault, of any assault offense under this
chapter, or of any offense against a domestic victim]: Up to 1 year in
county jail or 1-4 years in state prison and/or fine of up to $10,000

Domestic Violence and the Law: A Practical Guide for Survivors 53
ADULT SEXUAL OFFENSES

RAPE, 1ST DEGREE Section 566.030 RSMo
Criminal Act
Sexual intercourse with a person who is incapacitated, incapable of
consent or lacks the capacity to consent, or by the use of forcible
compulsion. Forcible compulsion includes the use of a substance
administered without a victim’s knowledge or consent which renders
the victim physically or mentally impaired so as to be incapable of
making an informed consent to sexual intercourse.

Class of Crime
Unclassified felony: Life or a term of not less than 5 years in state
prison (no technical number limit)*
[Sexual intercourse is any penetration, however slight, of the female
genitalia by the penis. [Section 566.010 (7) RSMo)]
*Penalties range because of the age of the victim and other circumstances.
See statute for the detailed list of criminal offenses and punishments at
revisor.mo.gov.

ATTEMPTED RAPE, 1ST DEGREE Section 566.030 RSMo
Criminal Act
Attempted sexual intercourse against a person who is incapacitated,
incapable of consent or lacks the capacity to consent, or by the use
of forcible compulsion. Forcible compulsion includes the use of a
substance administered without a victim’s knowledge or consent
which renders the victim physically or mentally impaired so as to be
incapable of making an informed consent to sexual intercourse.

Class of Crime
Unclassified felony: Life or a term of not less than 5 years in state
prison (no technical number limit) *
[Sexual intercourse is any penetration, however slight, of the female
genitalia by the penis. [Section 566.010 (7) RSMo)]
*Penalties range because of the age of the victim and other circumstances.
See statute for the detailed list of criminal offenses and punishments at
revisor.mo.gov.

54 Domestic Violence and the Law: A Practical Guide for Survivors
ADULT SEXUAL OFFENSES, CONTINUED

RAPE, 2ND DEGREE Section 566.031 RSMo
Criminal Act
Sexual intercourse with another person knowing the act is without
victim’s consent.

Class of Crime
Class D felony: Up to 1 year in county jail or 1-7 years in state prison
and/or fine of up to $10,000
[Sexual intercourse is any penetration, however slight, of the female
genitalia by the penis. [Section 566.010 (7) RSMo)]

SODOMY, 1ST DEGREE Section 566.060 RSMo
Criminal Act
Deviate sexual intercourse with a person who is incapacitated,
incapable of consent or lacks the capacity to consent, or by the use
of forcible compulsion. Forcible compulsion includes the use of a
substance administered without a victim’s knowledge or consent
which renders the victim physically or mentally impaired so as to be
incapable of making an informed consent to sexual intercourse.
(Deviate sexual intercourse is any act involving the genitals of one
person and the hand, mouth, tongue or anus of another person or
a sexual act involving the penetration, however slight, of the male
or female sex organ or the anus by a finger, instrument or object
done for the purpose of arousing or gratifying the sexual desire
of any person or for the purpose of terrorizing the victim. [Section
566.010(3)]

Class of Crime
Unclassified felony: Life or a term of not less than 5 years in state
prison (no technical number limit)

Domestic Violence and the Law: A Practical Guide for Survivors 55
ADULT SEXUAL OFFENSES, CONTINUED

ATTEMPTED SODOMY, 1ST DEGREE Section 566.060 RSMo
Criminal Act
Attempted deviate sexual intercourse with a person who is
incapacitated, incapable of consent or lacks the capacity to consent,
or by the use of forcible compulsion. Forcible compulsion includes
the use of a substance administered without a victim’s knowledge
or consent which renders the victim physically or mentally impaired
so as to be incapable of making an informed consent to sexual
intercourse.
(Deviate sexual intercourse is any act involving the genitals of one
person and the hand, mouth, tongue, or anus of another person or
a sexual act involving the penetration, however slight, of the male
or female sex organ or the anus by a finger, instrument or object
done for the purpose of arousing or gratifying the sexual desire
of any person or for the purpose of terrorizing the victim. [Section
566.010(3)]

Class of Crime
Unclassified felony: Life or a term of not less than 5 years in state
prison (no technical number limit)

SODOMY, 2ND DEGREE Section 566.061 RSMo
Criminal Act
Deviate sexual intercourse knowing the act is without victim’s
consent.
(Deviate sexual intercourse is any act involving the genitals of one
person and the hand, mouth, tongue, or anus of another person or
a sexual act involving the penetration, however slight, of the male
or female sex organ or the anus by a finger, instrument or object
done for the purpose of arousing or gratifying the sexual desire
of any person or for the purpose of terrorizing the victim. [Section
566.010(3)]

Class of Crime
Class D felony: Up to 1 year in county jail or 1-7 years in state prison
and/or fine of up to $10,000

56 Domestic Violence and the Law: A Practical Guide for Survivors
 ADULT SEXUAL OFFENSES, CONTINUED

SEXUAL ABUSE, 1ST DEGREE Section 566.100 RSMo
Criminal Act
Sexual contact with a person who is incapacitated, incapable of
consent or lacks the capacity to consent, or by the use of forcible
compulsion.

Class of Crime
Class C felony: 3 to 10 years in state prison and/or fine of up to $10,000
Class B felony [if it is aggravated sexual offense or if victim is younger
than 14 years of age]: 5 to 15 years
[Sexual contact is any touching of another person with the genitals or
any touching of the genitals or anus of another person, or the breast of
a female person, or such touching through the clothing, for the purpose
of arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim. [Section 566.010 (6) RSMo)]
*A detailed definition of “aggravated sexual offense” is defined in [Section
566.010(1) RSMo] and can be found at revisor.mo.gov.

SEXUAL ABUSE, 2ND DEGREE Section 566.101 RSMo
Criminal Act
Purposely subjects another person to sexual contact without the
person’s consent.

Class of Crime
Class A misdemeanor: Up to 1 year in county jail and/or fine of up to
$2,000
Class E Felony [if it is an aggravated sexual offense*]: up ro 1 year in
county jail or 1-4 years in state prison and/or fine of up to $10,000
[Sexual contact is any touching of another person with the genitals or
any touching of the genitals or anus of another person, or the breast of
a female person, or such touching through the clothing, for the purpose
of arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim. [Section 566.010 (6) RSMo)]
*A detailed definition of “aggravated sexual offense” is defined in [Section
566.010(1) RSMo] and can be found at revisor.mo.gov.

Domestic Violence and the Law: A Practical Guide for Survivors 57
ADULT SEXUAL OFFENSES, CONTINUED
SEXUAL MISCONDUCT, 1ST DEGREE Section 566.093 RSMo
Criminal Act
1. Exposes his or her genitals under circumstances in which he or she
knows that such conduct is likely to cause affront or alarm;
2. Has sexual contact in the presence of a third person or persons
under circumstances in which he or she knows that such conduct
is likely to cause affront or alarm; or
3. Has sexual intercourse or deviate sexual intercourse in a public
place in the presence of a third person.
[Sexual contact is any touching of another person with the genitals or
any touching of the genitals or anus of another person, or the breast of
a female person, or such touching through the clothing, for the purpose
of arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim. [Section 566.010 (6) RSMo)]
[Sexual intercourse is any penetration, however slight, of the female
genitalia by the penis. [Section 566.010 (7) RSMo)]
[Deviate sexual intercourse is any act involving the genitals of one
person and the hand, mouth, tongue, or anus of another person or a
sexual act involving the penetration, however slight, of the male or
female sex organ or the anus by a finger, instrument or object done for
the purpose of arousing or gratifying the sexual desire of any person or
for the purpose of terrorizing the victim. [Section 566.010(3)]

Class of Crime
Class B misdemeanor: Up to 6 months in county jail and/or fine of up to
$1,000
Class A misdemeanor [if previously found guilty of an offense under
this chapter, or previously found guilty of an offense in another
jurisdiction]: Up to 1 year in county jail and/or fine of up to $2,000

SEXUAL MISCONDUCT, 2ND DEGREE Section 566.095 RSMo
Criminal Act
Solicits or requests another person to engage in sexual conduct
under circumstances likely to cause affront or alarm.

Class of Crime
Class C misdemeanor: Up to 15 days in county jail and/or fine of up
to $750
58 Domestic Violence and the Law: A Practical Guide for Survivors
STALKING
STALKING, 1ST DEGREE Section 565.225 RSMo
Criminal Act
Purposely, through a course of conduct that serves no legitimate
purpose, disturbs (frightens, intimidates or emotionally distresses) or
follows with the intent of disturbing another person and:
1. Makes a threat communicated with the intent to cause the person
who is the target of the threat to reasonably fear for his or her
safety, the safety of his or her family or household member,
or the safety of domestic animals or livestock kept at such
person’s residence or on such person’s property. The threat shall
be against the life of, or a threat to cause physical injury to, or
the kidnapping of the person, the person’s family or household
members, or the person’s domestic animals or livestock as kept at
such person’s residence or on such person’s property; or
2. At least one of the acts constituting the course of conduct is in
violation of an order of protection and the person has received
actual notice of such order; or
3. At least one of the actions constituting the course of conduct is
in violation of a condition of probation, parole, pretrial release, or
release on bond pending appeal; or
4. At any time during the course of conduct, the other person is
17 years of age or younger and the person disturbing the other
person is 21 years of age or older;
5. He or she has previously been found guilty of domestic assault,
violation of an order of protection, or any other crime where the
other person was the victim; or
6. At any time during the course of conduct the other person is a
participant in the Address Confidentiality Program, and the person
knowingly accesses or attempts to access the address of the
other person.

Class of Crime
Class E felony: Up to 1 year in county jail or 1-4 years in state prison
and/or fine of up to $10,000
Class D felony [if the person has previously been found guilty of
stalking, first degree or second degree, or any offense committed
in another jurisdiction which, if committed in this state, would be
chargeable or indictable as stalking, first or second degree]: Up to
1 year in county jail or 1-7 years in state prison and/or fine of up to
$10,000
Domestic Violence and the Law: A Practical Guide for Survivors 59
STALKING, CONTINUED

STALKING, 2ND DEGREE Section 565.227 RSMo
Criminal Act
Purposely, through a course of conduct, disturbs or follows with the
intent to disturb another person.

Class of Crime
Class A misdemeanor: Up to 1 year in county jail and/or fine of up to
$2,000
Class E felony [if the person has previously been found guilty of
a violation of stalking, second or first degree, or of any offense
committed in another jurisdiction which, if committed in this state,
would be chargeable or indictable as stalking, first or second
degree]: Up to 1 year in county jail or 1-4 years in state prison and/or
fine of up to $10,000

60 Domestic Violence and the Law: A Practical Guide for Survivors
HARASSMENT

HARASSMENT, FIRST DEGREE Section 565.090 RSMo
Criminal Act
A person, without good cause, engages in any act with the purpose
to cause emotional distress to another person, and such act does
cause the person to suffer emotional distress.

Class of Crime
Class E felony: Up to 1 year in county jail or 1-4 years in state prison
and/or fine of up to $10,000

HARASSMENT, SECOND DEGREE Section 565.091 RSMo
Criminal Act
Engages, without good cause, in any act with the purpose to cause
emotional distress to another person.

Class of Crime
Class A misdemeanor: Up to 1 year in county jail and/or fine of up to
$2,000
Class E felony [if the person has previously been found guilty of a
violation of harassment, second degree, or of any offense committed
in another jurisdiction which, if committed in this state, would be
chargeable as harassment, second degree]: Up to 1 year in county jail
or 1-4 years in state prison and/or fine of up to $10,000

Domestic Violence and the Law: A Practical Guide for Survivors 61