As used in sections
455.010 to 455.085, unless the context clearly indicates otherwise, the following
terms shall mean:
(1) "Abuse" includes
but is not limited to the occurrence of any of the following acts, attempts, or
threats against a person who may be protected pursuant to sections 455.010 to
455.085:
(2) "Adult", any
person eighteen years of age or older or otherwise emancipated;
(3) "Court", the
circuit or associate circuit judge or a family court commissioner;
(4) "Ex parte
order of protection", an order of protection issued by the court before the respondent
has received notice of the petition or an opportunity to be heard on it;
(5) "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;
(6) "Full order
of protection", an order of protection issued after a hearing on the record where
the respondent has received notice of the proceedings and has had an opportunity
to be heard;
(7) "Order of
protection", either an ex parte order of protection or a full order of protection;
(8) "Petitioner",
a family or household member or an adult who has been the victim of stalking,
who has filed a verified petition pursuant to the provisions of section 455.020;
(9) "Respondent",
the family or household member or adult alleged to have committed an act of stalking,
against whom a verified petition has been filed;
(10) "Stalking"
is when an adult purposely and repeatedly harasses or follows with the intent
of harassing another adult. As used in this subdivision, "harasses" means to engage
in a course of conduct directed at a specific adult that serves no legitimate
purpose, that would cause a reasonable adult to suffer substantial emotional distress.
As used in this subdivision, "course of conduct" means a pattern of conduct composed
of a series of acts over a period of time, however short, evidencing a continuity
of purpose. Constitutionally protected activity is not included within the meaning
of "course of conduct".
The petition shall
be filed in the county where the petitioner resides, where the alleged incident
of abuse occurred, or where the respondent may be served.
1. Any adult who
has been subject to abuse by a present or former adult family or household member,
or who has been the victim of stalking, may seek relief under sections 455.010
to 455.085 by filing a verified petition alleging such abuse or stalking by the
respondent.
2. An adult's
right to relief under sections 455.010 to 455.085 shall not be affected by his
leaving the residence or household to avoid abuse.
3. Any protection
order issued pursuant to sections 455.010 to 455.085 shall be effective throughout
the state in all cities and counties.
Except as provided
under section 455.030, clerks under the supervision of a circuit clerk shall explain
to litigants not represented by counsel the procedures for filing all forms and
pleadings necessary for the presentation of their petition to the court. Notice
of the fact that clerks will provide such assistance shall be conspicuously posted
in the clerks' offices. The location of the office where a petition can be filed
shall be conspicuously posted in the court building. The performance of duties
prescribed in this section shall not constitute the practice of law as defined
in section 484.010, RSMo. All duties of the clerk prescribed in this section shall
be performed without cost to the litigants. The supreme court may promulgate rules
as necessary to govern conduct of court clerks under sections 455.010 to 455.085,
and shall provide forms for petitions and written instructions on filling out
all forms and pleadings necessary for the presentation of the petition to the
court.
1. No advance
filing fees or bond shall be required for filing a petition in an action commenced
under sections 455.010 to 455.085.
2. The clerk shall
advise the petitioner of his right to file a financial statement indicating the
petitioner's income and liabilities. This information may be required by the court
and shall be considered before assessment of court costs.
3. Assessment of
court costs or a determination of indigency shall be considered by the court at
the time of a termination of the proceeding.
1. When the court
is unavailable after business hours or on holidays or weekends, a verified petition
for protection from abuse or a motion for hearing on violation of any order of
protection under sections 455.010 to 455.085 may be filed before any available
court in the city or county having jurisdiction to hear the petition pursuant
to the guidelines developed pursuant to subsection 4 of this section. An ex parte
order may be granted pursuant to section 455.035.
2. All papers in
connection with the filing of a petition or the granting of an ex parte order
of protection or a motion for a hearing on a violation of an order of protection
under this section shall be certified by such court or the clerk within the next
regular business day to the circuit court having jurisdiction to hear the petition.
3. A petitioner
seeking a protection order shall not be required to reveal any current address
or place of residence except to the court in camera for the purpose of determining
jurisdiction and venue. The petitioner may be required to provide a mailing address
unless the petitioner alleges that he or she would be endangered by such disclosure,
or that other family or household members would be endangered by such disclosure.
4. The supreme
court shall develop guidelines which ensure that a verified petition may be filed
on holidays, evenings and weekends.
455.032. Order of protection--jurisdiction--evidence of prior
abuse, admissibility
In addition to any other jurisdictional grounds provided by law,
a court shall have jurisdiction to enter an order of protection restraining or
enjoining the respondent from abusing, threatening to abuse, molesting or disturbing
the peace of petitioner, pursuant to sections 455.010 to 455.085, if the petitioner
is present, whether permanently or on a temporary basis within the state of Missouri
and if the respondent's actions constituting abuse have occurred, have been attempted
or have been or are threatened within the state of Missouri. For purposes of this
section, if the petitioner has been the subject of abuse within or outside of
the state of Missouri, such evidence shall be admissible to demonstrate the need
for protection in Missouri.
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455.035. Protection orders
1. Upon the filing of a verified petition pursuant to sections
455.010 to 455.085 and for good cause shown in the petition, the court may immediately
issue an ex parte order of protection. An immediate and present danger of abuse
to the petitioner shall constitute good cause for purposes of this section. An
ex parte order of protection entered by the court shall take effect when entered
and shall remain in effect until there is valid service of process and a hearing
is held on the motion.
2. Failure to serve an ex parte order of protection on the respondent
shall not affect the validity or enforceability of such order.
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455.040. Hearing--duration of order--renewal--service
of petition, notice and order on respondent--information to law enforcement agency
1. Not later than fifteen days after the filing of a petition pursuant
to sections 455.010 to 455.085 a hearing shall be held unless the court deems,
for good cause shown, that a continuance should be granted. At the hearing, if
the petitioner has proved the allegation of abuse or stalking by a preponderance
of the evidence, the court shall issue a full order of protection for a period
of time the court deems appropriate, except that the protective order shall be
valid for at least one hundred eighty days and not more than one year. Upon motion
by the petitioner, and after a hearing by the court, the full order of protection
may be renewed for a period of time the court deems appropriate, except that the
protective order shall be valid for at least one hundred eighty days and not more
than one year from the expiration date of the originally issued full order of
protection. If for good cause a hearing cannot be held on the motion to renew
the full order of protection prior to the expiration date of the originally issued
full order of protection, an ex parte order of protection may be issued until
a hearing is held on the motion. Upon motion by the petitioner, and after a hearing
by the court, the second full order of protection may be renewed for an additional
period of time the court deems appropriate, except that the protective order shall
be valid for at least one hundred eighty days and not more than one year. For
purposes of this subsection, a finding by the court of a subsequent act of abuse
is not required for a renewal order of protection.
2. The court shall cause a copy of the petition and notice of the
date set for the hearing on such petition and any ex parte order of protection
to be served upon the respondent as provided by law or by any sheriff or police
officer at least three days prior to such hearing. Such notice shall be served
at the earliest time, and service of such notice shall take priority over service
in other actions, except those of a similar emergency nature. The court shall
cause a copy of any full order of protection to be served upon or mailed by certified
mail to the respondent at the respondent's last known address. Failure to serve
or mail a copy of the full order of protection to the respondent shall not affect
the validity or enforceability of a full order of protection.
3. A copy of any order of protection granted pursuant to sections
455.010 to 455.085 shall be issued to the petitioner and to the local law enforcement
agency in the jurisdiction where the petitioner resides. The clerk shall also
issue a copy of any order of protection to the local law enforcement agency responsible
for maintaining the Missouri uniform law enforcement system or any other comparable
law enforcement system the same day the order is granted. The law enforcement
agency responsible for maintaining MULES shall enter information contained in
the order for purposes of verification within twenty- four hours from the time
the order is granted. A notice of expiration or of termination of any order of
protection shall be issued to the local law enforcement agency and to the law
enforcement agency responsible for maintaining MULES or any other comparable law
enforcement system. The law enforcement agency responsible for maintaining the
applicable law enforcement system shall enter such information in the system.
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455.045. Temporary relief available
Any ex parte order of protection granted pursuant to sections 455.010
to 455.085 shall be to protect the petitioner from abuse or stalking and may include:
(1) Restraining the respondent from abusing, threatening to abuse,
molesting, stalking or disturbing the peace of the petitioner;
(2) Restraining the respondent from entering the premises of the
dwelling unit of 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 petitioner individually;
or
(c) Jointly owned, leased or rented by petitioner and a person other
than respondent; provided, however, no spouse shall be denied relief pursuant
to 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;
(3) A temporary order of custody of minor children where appropriate.
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455.050. Purpose of order--content--mutual orders--child custody
and support--maintenance
1. Any full or ex parte order of protection granted pursuant to
sections 455.010 to 455.085 shall be to protect the petitioner from abuse or stalking
and may include:
(1) Temporarily enjoining the respondent from abusing, threatening
to abuse, molesting, stalking or disturbing the peace of the petitioner;
(2) Temporarily enjoining 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 petitioner individually;
or
(c) Jointly owned, leased, rented or occupied by petitioner and
a person other than respondent; provided, however, no spouse shall be denied relief
pursuant to 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 respondent;
provided that the respondent has no property interest in the dwelling unit; or
(3) Temporarily enjoining the respondent from communicating with
the petitioner in any manner or through any medium.
2. Mutual orders of protection are prohibited unless both parties
have properly filed written petitions and proper service has been made in accordance
with sections 455.010 to 455.085.
3. When the court has, after a hearing for any full order of protection,
issued anorder of protection, it may, in addition:
(1) Award 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;
(2) Establish a visitation schedule that is in the best interests
of the child;
(3) Award child support in accordance with supreme court rule 88.01
and chapter 452, RSMo;
(4) Award maintenance to petitioner when petitioner and respondent
are lawfully married in accordance with chapter 452, RSMo;
(5) Order 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;
(6) 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;
(7) Order that the petitioner be given temporary possession of specified
personal property, such as automobiles, checkbooks, keys, and other personal effects;
(8) Prohibit the
respondent from transferring, encumbering, or otherwise disposing of specified
property mutually owned or leased by the parties;
(9) 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;
(10) 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 shelter for victims of domestic violence;
(11) Order the respondent to pay court costs;
(12) 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.
4. A verified petition seeking orders for maintenance, support,
custody, visitation, payment of rent, payment of monetary compensation, possession
of personal property, prohibiting the transfer, encumbrance, or disposal of property,
or payment for services of a shelter for victims of domestic violence, shall contain
allegations relating to those orders and shall pray for the orders desired.
5. In making an award of custody, the court shall consider all relevant
factors including the presumption that the best interests of the child will be
served by placing the child in the custody and care of the nonabusive parent,
unless there is evidence that both parents have engaged in abusive behavior, in
which case the court shall not consider this presumption but may appoint a guardian
ad litem or a court-appointed special advocate to represent the children in accordance
with chapter 452, RSMo, and shall consider all other factors in accordance with
chapter 452, RSMo.
6. The court shall grant to the noncustodial parent rights to visitation
with any minor child born to or adopted by the parties, unless the court finds,
after hearing, that visitation would endanger the child's physical health, impair
the child's emotional development or would otherwise conflict with the best interests
of the child, or that no visitation can be arranged which would sufficiently protect
the custodial parent from further abuse. The court may appoint a guardian ad litem
or court-appointed special advocate to represent the minor child in accordance
with chapter 452, RSMo, whenever the custodial parent alleges that visitation
with the noncustodial parent will damage the minor child.
7. The court shall make an order requiring the noncustodial party
to pay an amount reasonable and necessary for the support of any child to whom
the party owes a duty of support when no prior order of support is outstanding
and after all relevant factors have been considered, in accordance with Missouri
supreme court rule 88.01 and chapter 452, RSMo.
8. The court may grant a maintenance order to a party for a period
of time, not to exceed one hundred eighty days. Any maintenance ordered by the
court shall be in accordance with chapter 452, RSMo.
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455.055. Assignment of wages
The court may order the person obligated to pay support or maintenance
to make an assignment of a part of his periodic earnings or other income to the
person entitled to receive the payments in accordance with chapter 452, RSMo.
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>455.060. Modification of orders, when--termination--appeal--custody
of children, may not be changed, when
1. After notice and hearing, the court may modify an order of protection
at any time, upon subsequent motion filed by the guardian ad litem, the court-
appointed special advocate or by either party together with an affidavit showing
a change in circumstances sufficient to warrant the modification. All full orders
of protection shall be final orders and appealable and shall be for a fixed period
of time as provided in section 455.040.
2. Any order for child support, custody, temporary custody, visitation
or maintenance entered under sections 455.010 to 455.085 shall terminate prior
to the time fixed in the order upon the issuance of a subsequent order pursuant
to chapter 452, RSMo, or any other Missouri statute.
3. No order entered pursuant to sections 455.010 to 455.085 shall
be res judicata to any subsequent proceeding, including, but not limited to, any
action brought under chapter 452, RSMo, 1978 as amended.
4. All provisions of an order of protection shall terminate upon
entry of a decree of dissolution of marriage or legal separation except as to
those provisions which require the respondent to participate in a court-approved
counseling program or enjoin the respondent from abusing, molesting, stalking
or disturbing the peace of the petitioner and which enjoin the respondent from
entering the premises of the dwelling unit of the petitioner as described in the
order of protection when the petitioner continues to reside in that dwelling unit
unless the respondent is awarded possession of the dwelling unit pursuant to a
decree of dissolution of marriage or legal separation.
5. Any order of protection or order for child support, custody,
temporary custody, visitation or maintenance entered under sections 455.010 to
455.085 shall terminate when the parties voluntarily consent to the termination
of the order by a written consent filed with the court which entered the order.
6. The order of protection may not change the custody of children
when an action for dissolution of marriage has been filed or the custody has previously
been awarded by a court of competent jurisdiction.
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455.065. Subsequent modification of orders
1. Provisions of any order respecting maintenance or support may
be modified only as to installments occurring subsequent to the motion for modification
and only upon a showing of changed circumstances so substantial and continuing
as to make the terms unreasonable.
2. Provisions of any order respecting custody may be modified only
if the court finds, upon the basis of facts that have arisen since the prior order
or that were unknown to the court at the time of the prior order, that a change
has occurred in the circumstances of the child or his custodian and that the modification
is necessary to serve the best interests of the child.
3. Provisions of any order respecting visitation may be modified
when the modification would serve the best interests of the child.
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455.067. Order of protection issued by other
jurisdiction, full faith and credit--registration and modification of foreign
order of protection
1. Any order of protection issued by any other state, territory
or possession of the United States, the Commonwealth of Puerto Rico, or the District
of Columbia, shall be given full faith and credit throughout the state in all
courts, and by all law enforcement officials and agencies, and all public officials.
2. A person entitled to protection under a foreign order of protection
as described in subsection 1 of this section may file a petition seeking registration
of the foreign order in the circuit court having jurisdiction. A certified copy
of the foreign order of protection shall be attached to such petition. The petition
shall set forth the date of the entry of the foreign order of protection and a
record of any subsequent orders affecting such foreign order of protection, and
shall state that to the best of such person's knowledge, the order filed with
the petition is in effect. The court shall receive and consider such petition
in the manner provided by sections 455.025 to 455.035, and its inquiry shall be
limited to whether and the extent that the foreign order of protection is in effect.
If the court decides such issues in the affirmative, the court shall issue an
order giving full faith and credit to the foreign order of protection throughout
the state, as if such foreign order was originally issued by a court of this state.
A foreign order of protection as described in subsection 1 of this section shall
be enforceable in this state so long as it is in effect in the issuing state.
A copy of the Missouri court's order recognizing a foreign order of protection
shall be sent by the court to the respondent by certified mail, at his last known
address, with a copy of the petition and foreign order of protection. At any time
during the duration of the order recognizing the foreign order of protection,
the respondent may move the court to modify or set aside its order recognizing
the foreign order of protection. Such motion shall be heard only if a copy of
the motion and a summons indicating a date and time certain for such hearing is
personally served on the petitioner, and the respondent shall not be entitled
to a continuance of such hearing. Such motion shall be sustained only if the respondent
demonstrates to the court by clear and convincing evidence that the Missouri court's
order was not issued in compliance with this section. The petitioner shall not
be required to appear or to deny or rebut the allegations or evidence submitted
by respondent in order for the court to deny respondent's motion.
4. Registration and a Missouri court order recognizing a foreign
order of protection shall not be required for the enforcement of a certified foreign
order of protection in this state.
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455.070. Proceedings independent of others
All proceedings under sections 455.010 to 455.085 are independent
of any proceedings for dissolution of marriage, legal separation, separate maintenance
and other actions between the parties and are in addition to any other available
civil or criminal remedies, unless otherwise specifically provided herein.
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455.073. Uniform forms for petitions and orders of protection
1. By July 1, 1996, the supreme court of the state of Missouri
shall:
(1) Develop and adopt uniform forms for petitions and orders of
protection; and
(2) Provide the forms to each circuit clerk.
2. The following statements shall be printed in bold faced type
or in capital letters on the order of protection:
(1) "Violation of this order may be punished by confinement in
jail for as long as five years and by a fine of as much as five thousand dollars";
and
(2) "If so ordered by the court, the respondent is forbidden to
enter or stay at the petitioner's residence".
3. The form prescribed by the supreme court for the notice of hearing
required by subsection 2 of section 455.040 shall list all potential relief that
can be granted by the court in any proceeding pursuant to sections 455.010 to
455.085 as described in section 455.050, and shall advise the respondent that
such relief may be granted if the court finds for the petitioner, or if the respondent
defaults to the petition.
4. All orders of protection shall be issued on the form adopted
pursuant to subsection 1 of this section.
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455.075. Costs and legal fees
The court may order a party to pay a reasonable amount for the
cost to the other party of maintaining or defending any proceeding under sections
455.010 to 455.085 and for attorney's fees, including sums for legal services
rendered and costs incurred prior to the commencement of the proceeding or after
entry of judgment. The court shall consider all relevant factors, including the
financial resources of both parties, and may order that the amount be paid directly
to the attorney, who may enforce the order in his name.
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455.080. Law enforcement agencies response
to alleged incidents of abuse-- factors indicating need for immediate response--domestic
crisis teams-- transportation of abused party to medical treatment or shelter
1. Law enforcement agencies may establish procedures to ensure
that dispatchers and officers at the scene of an alleged incident of abuse or
violation of an order of protection can be informed of any recorded prior incident
of abuse involving the abused party and can verify the effective dates and terms
of any recorded order of protection.
2. The law enforcement agency shall apply the same standard for
response to an alleged incident of abuse or a violation of any order of protection
as applied to any like offense involving strangers, except as otherwise provided
by law. Law enforcement agencies shall not assign lower priority to calls involving
alleged incidents of abuse or violation of protection orders than is assigned
in responding to offenses involving strangers. Existence of any of the following
factors shall be interpreted as indicating a need for immediate response:
(1) The caller indicates that violence is imminent or in progress;
or
(2) A protection order is in effect; or
(3) The caller indicates that incidents of domestic violence have
occurred previously between the parties.
3. Law enforcement agencies may establish domestic crisis teams
or, if the agency has fewer than five officers whose responsibility it is to respond
to calls of this nature, individual officers trained in methods of dealing with
family and household quarrels. Such teams or individuals may be supplemented by
social workers, ministers or other persons trained in counseling or crisis intervention.
When an alleged incident of family or household abuse is reported, the agency
may dispatch a crisis team or specially trained officer, if available, to the
scene of the incident.
4. The officer at the scene of an alleged incident of abuse shall
inform the abused party of available judicial remedies for relief from adult abuse
and of available shelters for victims of domestic violence.
5. Law enforcement officials at the scene shall provide or arrange
transportation for the abused party to a medical facility for treatment of injuries
or to a place of shelter or safety.
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455.083. Copy of protection order, reliance by law enforcement
officer
A law enforcement officer in this state may rely upon a copy of
any order of protection issued under sections 455.010 to 455.085 or a certified
foreign order of protection which has been provided to the peace officer from
any source, in determining action to be taken pursuant to sections 455.080 and
455.085.
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455.085. Arrest for violation of order--penalties--good
faith immunity for law enforcement officials
1. When a law enforcement officer has probable cause to believe
a party has committed a violation of law amounting to abuse or assault, 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 pursuant to this subsection,
the officer shall make a written report of the incident completely describing
the offending party, giving the victim's name, time, address, reason why no arrest
was made and any other pertinent information. Any law enforcement officer subsequently
called to the same address within a twelve-hour period, who shall find probable
cause to believe the same offender 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 offense. The primary report of
nonarrest in the preceding twelve-hour period may be considered as evidence of
the defendant's intent in the violation for which arrest occurred. The refusal
of the victim to sign an official complaint against the violator shall not prevent
an arrest under this subsection.
2. When a law enforcement officer has probable cause to believe
that a party, against whom a protective order has been entered and who has notice
of such order entered, has committed an act of abuse in violation of such order,
the officer shall arrest the offending party-respondent whether or not the violation
occurred in the presence of the arresting officer. Refusal of the victim to sign
an official complaint against the violator shall not prevent an arrest under this
subsection.
3. When an officer makes an arrest he is not required to arrest
two parties involved in an assault when both parties claim to have been assaulted.
The arresting officer shall attempt to identify and shall arrest the party he
believes is the primary physical aggressor. The term "primary physical aggressor"
is defined as the most significant, rather than the first, aggressor. The law
enforcement officer shall consider any or all of the following in determining
the primary physical aggressor:
(1) The intent of the law to protect victims of domestic violence
from continuing abuse;
(2) The comparative extent of injuries inflicted or serious threats
creating fear of physical injury;
(3) The history of domestic violence between the persons involved.
No law enforcement officer investigating an incident of family violence
shall threaten the arrest of all parties for the purpose of discouraging requests
or law enforcement intervention by any party. Where complaints are received from
two or more opposing parties, the officer shall evaluate each complaint separately
to determine whether he should seek a warrant for an arrest.
4. In an arrest in which a law enforcement officer acted in good
faith reliance on this section, the arresting and assisting law enforcement officers
and their employing entities and superiors shall be immune from liability in any
civil action alleging false arrest, false imprisonment or malicious prosecution.
5. When a person against whom an order of protection has been entered
fails to surrender custody of minor children to the person to whom custody was
awarded in an order of protection, the law enforcement officer shall arrest the
respondent, and shall turn the minor children over to the care and custody of
the party to whom such care and custody was awarded.
6. The same procedures, including those designed to protect constitutional
rights,shall be applied to the respondent as those applied to any individual detained
in police custody.
7. A violation of the terms and conditions, with regard to abuse,
stalking, child custody, communication initiated by the respondent or entrance
upon the premises of the petitioner's dwelling unit, of an ex parte order of protection
of which the respondent has notice, shall be a class A misdemeanor unless the
respondent has previously pleaded guilty to or has been found guilty 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 D 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 pleas
of guilty or finding of guilt beyond a reasonable doubt, the court shall decide
the extent or duration of 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.
8. A violation of the terms and conditions, with regard to abuse,
stalking, child custody, communication initiated by the respondent or entrance
upon the premises of the petitioner's dwelling unit, 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 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 D 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 plea of guilty 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
service of the order, a party is deemed to have notice of an order of protection
if the law enforcement officer responding to a call of a reported incident of
abuse or violation of an order of protection presented a copy of the order of
protection to the respondent.
9. Good faith attempts to effect a reconciliation of a marriage
shall not be deemed tampering with a witness or victim tampering under section
575.270, RSMo.
10. Nothing in this section shall be interpreted as creating a
private cause of action for damages to enforce the provisions set forth herein.
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