Domestic Violence

What is domestic violence?

Domestic Violence is one of the most complicated and sensitive kinds of crimes in existence. Missouri has made leaps in recent years in improving the clarity of domestic violence laws and access of protection for victims. It's important to understand that the city or county prosecutor brings the charges against the assailant, not the victim. While the prosecution may proceed in a way that is beneficial or desired by the victim, there are often times when this is not the case. The prosecution can continue with the case whether or not the victim decides to testify. This means the case goes on with or without you, whether you are protected or not.

At HSSO we realize the courage, fear, and risks involved for victims in a domestic violence case. We understand that the ramifications of testifying can be great, and we will put your safety above all things. We will stand by your side and work diligently to ensure your safety by all means necessary, whether by obtaining an Order of Protection, arranging safe house accommodations or helping you make the transition to life after abuse.

How does domestic violence differ from other types of assault?

To constitute domestic violence, those involved in the dispute are "'family' or 'household members,' spouses, former spouses, adults related by blood or marriage, adults who are presently residing together or have resided together in the past and adults who have a child in common regardless of whether they have been married or have resided together at any time." (MORS 565.063)

As a victim of domestic violence, how can I protect myself?

An Ex-Parte Order of Protection can be filed and take immediate effect. This order requires that the respondent (abuser) refrain from abusing, threatening to abuse, molesting or disturbing the peace of the petitioner. (MORS 455.032)

The Ex-Parte takes affect, whether or not the respondent is able to be notified. However, it is a temporary measure until a hearing can be held to award a Full Order of Protection. A hearing will be held within 15 days of the issue of the Ex-Parte. When the Full Order of Protection is issued, it is effective for no less than 180 days up to one year, and can be renewed as the court deems necessary.

It is important to realize that while an Order of Protection is an effective legal tool, it relies on the respondent to obey the order in order to be effective. If the abuser is normally a law abiding citizen, the Order of Protection may suffice to protect you. However, if the abuser has a history of breaking the law or disobeying court orders, you may still be at risk. We can help you explore your options and devise the best plan to maximize your safety and peace of mind.

What about my children?

Children are protected under these statues as well. If you suspect a child is being physically, emotionally or sexually abused, a Child Order of Protection may be filed. The abuser does not have to be related to the child to file the order.

Do these laws protect men?

While most victims are women, up to 20% of domestic violence victims are men. The laws protect all victims, regardless of their gender.

TAKE ACTION NOW

Abuse comes in many forms.

Physical: biting, scratching, pinching, hitting, punching, choking, cutting and other means of inflicting pain
Emotional and Mental: threatening to hurt you with words or actions, knowingly or recklessly putting you in danger, isolation, imprisonment, verbal abuse, stalking
Sexual: forcing or trying to force sexual activities such as touching, oral sex, sex or sexual acts with another person or persons, intercourse or the use of foreign objects for sex.

If you think you or a loved one is being abused, call HSSO to examine your options, and take action as quickly as possible. No one deserves to be abused, but every victim deserves the knowledge, protection and compassion you will find at HSSO.