Arrest for violation of order
This law is about what police can do when someone breaks a domestic violence protection order or hurts a family or household member. Police can arrest the person even if they didn't see it happen. If police don't make an arrest, they have to write a report explaining why. If someone breaks a protection order, police must arrest them. When two people both say they were attacked, police only have to arrest the one person who started or caused the most harm — called the "primary physical aggressor." Breaking a protection order is usually a misdemeanor, but if a person has broken one before within the last five years, it becomes a felony. Police who make an arrest in good faith under this law cannot be sued for false arrest.
Classifications stated in the statute. Actual outcomes vary.
455.085. for violation of — penalties — for law officials. — 1. When a has to believe a has committed a violation of law amounting to , as defined in section 455.010, against a family or household member, the officer may arrest the offending party whether or not the violation occurred in the presence of the arresting officer. When the officer declines to make arrest this , the officer shall make a written report of the incident completely describing the offending party, giving the victim's name, time, address, reason why no arrest was made and any other . Any law enforcement officer subsequently called to the same address within a twelve-hour period, who shall find probable cause to believe the same has again committed a violation as stated in this subsection against the same or any other family or household member, shall arrest the offending party for this subsequent . The primary report of nonarrest in the preceding twelve-hour period may be considered as evidence of the 's intent in the violation for which arrest occurred. The refusal of the victim to an official against the violator shall not prevent an arrest under this subsection.
2. When a law enforcement officer has probable cause to believe that a party, against whom a has been entered and who has notice of such order entered, has committed an act of in violation of such order, the officer shall arrest the offending party- whether or not the violation occurred in the presence of the arresting officer. Refusal of the victim to sign an official complaint against the violator shall not prevent an arrest under this subsection.
3. When an officer makes an arrest, the officer is not required to arrest two parties involved in an when both parties to have been assaulted. The arresting officer shall attempt to identify and shall arrest the party the officer believes is the . The term "primary physical aggressor" is defined as the most significant, rather than the first, aggressor. The law enforcement officer shall consider any or all of the following in determining the primary physical aggressor:
(1) The intent of the law to protect victims from continuing domestic violence;
(2) The comparative extent of injuries inflicted or serious threats creating fear of ;
(3) The history of domestic violence between the persons involved.
4. In an arrest in which a law enforcement officer acted reliance on this section, the arresting and assisting law enforcement officers and their employing entities and superiors shall be in any alleging , or .
5. When a person against whom an has been entered fails to surrender of to the person to whom custody was awarded in an order of protection, the law enforcement officer shall arrest the respondent, and shall turn the minor children over to the care and custody of the party to whom such care and custody was awarded.
6. The same procedures, including those designed to protect constitutional rights, shall be applied to the respondent as those applied to any individual in police custody.
7. A violation of the terms and conditions, with regard to domestic violence, , , child custody, communication initiated by the respondent or entrance upon the of the 's or place of or school, or being within a certain distance of the petitioner or a child of the petitioner, of an of which the respondent has notice, shall be a unless the respondent has previously guilty to or has been in any of the of violating an ex parte order of protection or a within five years of the date of the , in which case the subsequent violation shall be a . Evidence of prior s of guilty or shall be heard by the court out of the presence of the jury prior to of the case to the jury. If the court finds the existence of such prior pleas of guilty or , the court shall decide the extent or duration of sentence or other and shall not instruct the jury as to the range of punishment or allow the jury to and declare the punishment as a part of its .
8. A violation of the terms and conditions, with regard to domestic violence, stalking, sexual assault, child custody, communication initiated by the respondent or entrance upon the premises of the petitioner's dwelling unit or place of employment or school, or being within a certain distance of the petitioner or a child of the petitioner, of a full order of protection shall be a class A misdemeanor, unless the respondent has previously pleaded guilty to or has been found guilty in any division of the circuit court of violating an ex parte order of protection or a full order of protection within five years of the date of the subsequent violation, in which case the subsequent violation shall be a class E felony. Evidence of prior pleas of guilty or findings of guilt shall be heard by the court out of the presence of the jury prior to submission of the case to the jury. If the court finds the existence of such prior or finding of guilt beyond a reasonable doubt, the court shall decide the extent or duration of the sentence or other disposition and shall not instruct the jury as to the range of punishment or allow the jury to assess and declare the punishment as a part of its verdict. For the purposes of this subsection, in addition to the notice provided by actual of the order, a party is to have notice of an order of protection if:
(1) The law enforcement officer responding to a call of a reported incident of domestic violence, stalking, sexual assault, or violation of an order of protection presented a copy of the order of protection to the respondent; or
(2) Notice is given by actual communication to the respondent in a manner reasonably likely to advise the respondent.
9. Good faith attempts to effect a of a marriage shall not be deemed or victim under section 575.270.
10. Nothing in this section shall be interpreted as creating a for to the set forth herein.
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Source & history notes
(L. 1980 S.B. 524 § 16, A.L. 1986 S.B. 450, A.L. 1989 S.B. 420, A.L. 1993 H.B. 476 & 194, A.L. 2000 H.B. 1677, et al., A.L. 2011 S.B. 320, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491, A.L. 2015 S.B. 321 merged with S.B. 341, A.L. 2022 S.B. 775, et al.) (1982) Adult Abuse Act does not violate constitutional requirement that legislative bills contain only one subject which shall be clearly expressed in the title; provisions relating to ex parte orders of protection excluding certain persons from home to prevent further abuse do not violate due process; and provisions permitting trial court to include certain provisions in ex parte or full order of protection, violation of which were misdemeanors, did not violate constitutional requirements of separation and nondelegation of power. State ex rel. Williams v. Marsh (Mo.), 626 S.W.2d 223. (1996) "Lingering outside" is not unconstitutionally vague. State v. Schleiermacher, 924 S.W.2d 269 (Mo.banc).
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