Missouri Domestic Violence Laws

Experiencing ongoing abuse is awful. When those offenses are committed by someone close to you, it’s even worse. Domestic violence crimes​ consist of criminal acts between family and household members. Missouri has several laws to protect victims and punish abusers.

When it comes to dealing with domestic violence, things can get confusing. To help, this article explains what domestic violence is, the protections available in Missouri, and how to navigate the legal system. Read on to gain a better understanding of domestic violence laws in Missouri.

How Missouri Defines Domestic Violence

Before you can try to stop or escape domestic abuse, it’s important to understand what it is. There are two required elements for domestic violence classification​ in Missouri. Let’s take a look at each one.

Family Members and Household Members

Under Missouri law, domestic violence can’t occur between strangers. One of a set of specific abusive acts must take place between people involved in either a family or household member relationship. The relationships that qualify are:

• Spouses
• Former spouses
• Family related by marriage (in-laws and stepfamily)
• Family related by consanguinity (blood relatives)
• People residing together
• People who resided together
• People in a continuing social relationship of a romantic or intimate nature
• People with a child in common

If an ex-husband assaults his ex-wife, it could qualify as a domestic violence offense. If someone on a bowling team punches one of their teammates that they only see at bowling, it’s not domestic violence. It’s still assault and/or battery and a crime, but the victim wouldn’t gain access to domestic violence protections.

Abusive Acts

Knowing who can commit a domestic violence crime answers half of the question. The crimes are abusive acts that center around power and control. While physical harm​ is often part of an abuser’s tactics, other types of domestic violence​ are also utilized to cause an endless cycle of fear, intimidation, abuse, coercion, and violence. There does not need to be physical contact for a domestic abuse offense to occur.

Missouri considers any of the following abusive crimes as potential domestic violence offenses:

• Abusing a pet
• Assault
• Battery
• Coercion
• Harassment
• Sexual assault
• Unlawful imprisonment
• Stalking

Crimes that fall into any category listed above qualify as well. For example, rape is part of sexual assault, while causing someone to fear an immediate physical injury is considered assault. Forcing someone to do something they don’t want, by force or the threat of force, is coercion. If the people involved have a qualifying relationship as either family or household members, Missouri considers it domestic violence.

Protections, Programs, and Penalties

You’re now aware that domestic violence crimes are abusive acts between family and household members. Let’s see what Missouri does to fight it.

Missouri Domestic Violence Orders of Protection

While not perfect, Missouri domestic violence orders of protection​ offer an effective means of keeping an abuser away from their victim. Any victim of domestic abuse can file for an order of protection in Missouri. A petition must be filed in the county where the petitioner resides, where the alleged incident of domestic violence occurred, or where the abuser (respondent) may be served.

The victim (petitioner) can fill out the forms at a courthouse​ or download and complete them at home. Domestic violence advocates​ can help with this. Circuit courts can accept your petition​ if other courts are closed. Once filed, a judge will review the application and may ask you questions.

If the court finds that abuse occurred or that a threat exists, an ex parte order of protection is issued. Ex parte orders are court orders issued without both parties present. This means that the protection order can take effect even if the alleged abuser isn’t in court. Instead, law enforcement will serve them with a copy of the order and inform them of what they must do. The order lasts up to 15 days or until the case hearing, unless law enforcement is unable to serve the respondent.

Missouri ex parte orders of protection are tailored to each situation. While each order can vary, some common conditions include​:

• Forbidding the abuser (respondent) from committing or threatening to commit additional domestic violence offenses, including but not limited to molesting, stalking, sexual assault, or disturbing the peace of the victim (petitioner)
• Forbidding the respondent from entering a shared dwelling
• Forbidding the respondent from having any contact with the petitioner (a non-contact order)
• Assigning a temporary order of child custody in the best interests of the child
• Assigning a temporary order of possession of pets

An ex parte order of protection can contain some, all, or none of these provisions. The court can add any provision it deems necessary for the victim’s safety. Any violations by the respondent are punishable.

If the respondent chooses not to contest the order, the court can issue a full order of protection​ at the case hearing. If the respondent does oppose the order, you’ll both present your side of the story at the case hearing, including the sharing of evidence and testimony by witnesses.

The court will issue the full order of protection if it believes that the victim suffered domestic abuse and the threat remains. The conditions from the ex parte order are carried over and can be amended or added to. Common full order provisions include​:

• Awarding child custody if no arrangement is in place
• Establishing a visitation schedule with the best interests of the child in mind
• Establishing child support
• Establishing spousal support for the victim if there was a marriage
• Ordering the respondent to make rent or mortgage payments on the victim’s dwelling
• Ordering the respondent to pay rent for the petitioner if they have found alternate lodgings
• Ordering the petitioner to give temporary possession of personal properties (checkbooks, keys, automobiles)
• Ordering the respondent not to touch any shared property, mutually owned or leased
• Ordering the respondent to attend mandatory batterers’ intervention or substance abuse treatment programs
• Ordering the respondent to pay court fees, medical expenses of the petitioner, and costs for domestic violence resources
• Award possession of any pets to the petitioner

As with an ex parte order, the court can add any provision it deems necessary. A full order of protection is valid for between 180 days and a year​ and is renewable. If the court finds that the respondent poses a particular threat, the duration ranges from two to 10 years.

Under federal law from the Violence Against Women Act (VAWA), an order of protection issued in Missouri is valid anywhere in the United States, its territories, and tribal reservations. Missouri also offers reciprocity and full faith​ for orders from other states.

Missouri Domestic Violence Violations and Penalties

Both domestic violence crimes and violations of domestic violence orders of protection are treated with severe penalties​ in Missouri. This can include incarceration and hefty fines for any infraction.

Most domestic violence offenses carry enhanced penalties. For example, simple assault (fourth-degree assault) is a class A misdemeanor, but domestic assault in the third degree is a class E felony. Given that domestic violence often involves physical harm, it’s not surprising that the penalties for domestic assault charges are more strict:

• Third-degree domestic assault​ (class E felony): One to four years in prison and a fine of up to $5,000
• Second-degree domestic assault​ (class D felony): Up to seven years in prison and a fine of up to $10,000
• First-degree domestic assault​ (class B felony/class A felony): Between five and 15 years in prison, or between 10 and 30 years if serious injury is inflicted, or life imprisonment/death penalty if the victim is killed

Violations of an order of protection in Missouri are contempt of court​ charges. Penalties are as follows:

• Violation (class A misdemeanor): Up to a year in jail and a fine of up to $2,000
• Any violation within five years of a previous violation (class E felony): Up to four years in prison or a year in jail and a fine of up to $10,000

The court can add to the duration of any incarceration for an order of protection violation based on past conduct, the seriousness of the crime committed, or other reasons.

Other Domestic Violence Aid Programs in Missouri

Missouri has other programs in place to assist victims of domestic violence. You can also find help from domestic violence advocates.

Address Confidentiality Program (ACP)

If you’ve broken free from an abuser, the last thing you want is for them to find you again. Through the Address Confidentiality Program (ACP), Missouri offers a solution. Also known as Safe at Home, the ACP gives victims a second legal address to use for public records, such as driver’s licenses and voter registrations. First-class mail is forwarded to the actual address. There’s no charge for Safe at Home.

Affirmative Defense for Breaking a Lease

Victims of domestic abuse don’t have to worry about penalties for breaking a lease if they flee an abuser. Proof of an arrest record or the order of protection serves as an affirmative defense for victims and allows them to exit a lease without punishment. They are responsible for the final month’s rent.

Missouri Domestic Violence Laws: Related Resources

• National Domestic Violence Hotline​ (1.800.799.7233)
• Missouri Coalition Against Domestic and Sexual Violence​
• Missouri Court Locator​
• Domestic Violence FAQ​
• Missouri Order of Protection Brochure​
• Domestic Violence and the Law: A Practical Guide for Survivors​

How To Find Legal Help

If you’ve suffered serious physical injury, assault with a dangerous instrument, sexual abuse, strangulation, or any other type of domestic violence at the hands of a family member or an intimate partner, call 911. For help finding long-term solutions, consider speaking with a Missouri family law attorney. They can help you obtain an order of protection and guide you through related issues such as child custody.

If you’re facing domestic violence charges in Missouri, it’s in your best interest to talk to an experienced criminal defense attorney​ as soon as possible. An expert in domestic violence cases in the state of Missouri will examine the criminal charges, give you legal advice on your options, and put their expertise in criminal law to work for you.