§ 215.165. Protective Order Violations.

A. 

Definitions. As used in this Section, unless the context clearly indicates otherwise:

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 Chapter 455, RSMo., except abuse shall not include abuse inflicted on a child by accidental means by an adult household member or discipline of a child, including spanking, in a reasonable manner:

1. 

Assault. Purposely or knowingly placing or attempting to place another in fear of physical harm.

2. 

Battery. Purposely or knowingly causing physical harm to another with or without a deadly weapon.

3. 

Coercion. Compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage.

4. 

Harassment. Engaging in a purposeful or knowing course of conduct involving more than one (1) incident that alarms or causes distress to an adult or child and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable adult or child to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner or child. Such conduct might include, but is not limited to:

a. 

Following another about in a public place or places;

b. 

Peering in the window or lingering outside the residence of another; but does not include constitutionally protected activity.

5. 

Sexual assault. Causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress.

6. 

Unlawful imprisonment. Holding, confining, detaining or abducting another person against that person's will.

ADULT

Any person eighteen (18) years of age or older or otherwise emancipated.

COURT

The Circuit Court or Associate Circuit Court of the State of Missouri.

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.

FAMILY OR HOUSEHOLD MEMBER

Spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time.

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.

ORDER OF PROTECTION

Either an ex parte order of protection or a full order of protection.

PETITIONER

A family or household member who has been a victim of domestic violence, or any person who has been the victim of stalking, or a person filing on behalf of a child pursuant to Section 455.503, RSMo., who has filed a verified petition pursuant to the provisions of Section 455.020, RSMo., or Section 455.505, RSMo.

RESPONDENT

The family or household member alleged to have committed an act of domestic violence, or person alleged to have committed an act of stalking, against whom a verified petition has been filed or a person served on behalf of a child pursuant to Section 455.503, RSMo.

STALKING

When any person purposely and repeatedly engages in an unwanted course of conduct that causes alarm to another person when it is reasonable in that person's situation to have been alarmed by the conduct. As used in this Section:

1. 

"Alarm" means to cause fear of danger of physical harm;

2. 

"Course of conduct" means a pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose. Such conduct may include, but is not limited to, following the other person or unwanted communication or unwanted contact;

3. 

"Repeated" means two (2) or more incidents evidencing a continuity of purpose.

B. 

A violation of the terms and conditions, with regard to abuse, stalking, child custody, 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 municipal ordinance violation.

C. 

A violation of the terms and conditions, with regard to abuse, stalking, child custody, or entrance upon the premises of the petitioner's dwelling unit, of a full order of protection may be charged as a municipal ordinance violation. 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 the 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.

D. 

Good faith attempts to effect a reconciliation of a marriage shall not be deemed tampering with a witness or victim tampering under Section 215.340.