When a law enforcement officer believes he has probable cause 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 protective order, the officer is required to arrest the offending party.
It is important to understand that under the law, when an officer makes an arrest he is not required to arrest both parties involved in an assault incident when both parties claim to have been assaulted. The arresting officer is to identify and 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 is to consider: the intent of the law to protect victims of domestic violence from continuing abuse; the comparative extent of injuries inflicted or serious threats creating fear of physical injury; the history of domestic violence between the persons involved.
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 or full order of protection of which the respondent has notice, is a class A misdemeanor unless the respondent has previously pleaded guilty to or has been found guilty of violating an ex parte or full 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 is a class D felony.
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.
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.
The entry of an order of protection can prevent your possession of a firearm for the term of the order. However, a conviction for violating an order of protection can also prevent your possession of a firearm or your ability to obtain a concealed carry permit.
Contact Our Experienced Criminal Defense Attorneys
If you have been accused of violating an ex parte or full order of protection, contact Holder Susan Slusher, LLCat (573) 710-4716 to discuss your case and the legal options available to you. Let us work for you.