DOMESTIC VIOLENCE and LAWthe A Practical Guide for Survivors Missouri Coalition Against Domestic and Sexual Violence Published by e Young Lawyers’ Section of e Missouri Bar revised 2019 DOMESTIC VIOLENCE and LAWthe 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 and LAWthe 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 enorcement 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