OFFENSES AGAINST FAMILY


(Note:  This is not required in Missouri Statutory Law instruction by POST)


I.          Things to Know


A.        Violating an Order of Protection


1.         Three (3) definitions to know


a.         Ex Parte - Court issues order before the restrained party has received notice of the petition or had an opportunity to be heard.


(1)       Effective as soon as it is served without hearing.


(2)       When officer has probable cause that violation of an order has occurred -- "shall arrest" whether or not in officer's presence or whether or not victim will sign complaint.


b.         Full Order of Protection - order issued after a courting hearing and restrained party for has had opportunity to be heard.  Service must be verified now before enforceable.


B.        Officer's Duties


1.         When officer has probable cause that abuse or assault against family or household member has occurred may arrest (No order of protection here.)


a.         Abuse - infliction other than by accident or attempting to inflict physical injury or an adult or purposely placing in immediate apprehension of immediate physical injury.


b.         "Family" or "household member" - spouses, former spouses, adults related by blood or marriage, adults who are presently residing together or have resided together in the past, an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and adults who have a child in common regardless of whether they have been married or have resided together at any time.


2.         If officer does not arrest must do report as to why not.


a.         If called back within twelve (12) hours and if p.c., must arrest.


3.         If p.c. to believe order of protection violated, must arrest.


4.         Can arrest primary aggressor; shouldn’t threaten to arrest both.  Supposed to determine primary even if both allege assault.


II.          Child Abuse


A.        Note:  Endangering welfare of child in second degree has been lowered to criminal negligence.


B.        Note: The above statutes deal primarily with parents and non-parents.  Exception is Part 3 of endangering in 2nd degree.  Serious emotional injury as well as prohibited sexual acts including any activity or nudity for the purpose of sexual gratification.



























Revised 4/01