Law enforcement agencies response to violation of order
This law is about what police do when someone breaks a protective order for a child. If police have good reason to think someone broke a protective order, they can arrest that person even if they didn't see it happen. If someone refuses to hand over a child to the person the order says should have the child, police arrest them and return the child to the right person. Breaking a protective order is usually a class A misdemeanor, but if the person was already found guilty of breaking a protective order in the past five years, it becomes a class E felony. Breaking a protective order can also lead to other separate criminal charges for whatever else happened during the incident.
Classifications stated in the statute. Actual outcomes vary.
455.538. Law agencies response to violation of — for violation, penalties — to be returned to rightful , when. — 1. When a has to believe that a party, against whom a for a child has been entered, has committed an act in violation of that order, the officer shall have the to arrest the whether or not the violation occurred in the presence of the arresting officer.
2. When a person, against whom an for a child has been entered, fails to surrender custody 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.
3. 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.
4. (1) Violation of the terms and conditions of an or with regard to , , , child custody, communication initiated by the respondent, or entrance upon the of the victim's or place of or school, or being within a certain distance of the or a child of the petitioner, 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 or a full order of protection within five years of the date of the , in which case the subsequent violation shall be a . Evidence of a prior 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 a prior plea of guilty or finding of guilt , 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 .
(2) For purposes of this , in addition to the notice provided by actual of the order, a party is to have notice of an order of protection for a child if 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 for a child presents a copy of the order of protection to the respondent.
5. The fact that an act by a respondent is a violation of a valid order of protection for a child shall not of the respondent for other crimes arising out of the incident in which the protection order is alleged to have been violated.
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Source & history notes
(L. 1987 H.B. 598 § 16, 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) Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.