What Is the Missouri Domestic Violence 12 Hour Rule? The Missouri 12-hour rule in domestic violence was put in place to protect alleged victims of repeated assault. It states that a law enforcement officer must make an arrest if they’ve been called to the same address twice within a 12-hour period. After all, in Missouri, an officer can arrest you without a warrant when probable cause exists to believe you committed domestic violence, even if the officer didn’t witness the offense.
If you’ve been arrested for domestic violence in St. Louis or anywhere else in Missouri, call Combs Waterkotte right now at (314) 900-HELP or contact us online for a free, confidential consultation where you can discuss the specifics of your case with one of our expert criminal defense attorneys.
While there is no mandatory arrest law for domestic violence in Missouri, law enforcement officers can use their own discretion when responding to a report of domestic violence. If an officer shows up and no arrest is made, a detailed report must be filed following the incident describing the offender and providing the victim’s name, time, address, reason why no arrest was made, and any other pertinent information.
According to Missouri Revised Statute § 455.065, any law enforcement officer called to the same address within a 12-hour period, who shall find probable cause to believe the same offender has again committed a violation, shall arrest the offending party for this subsequent offense. The victim’s refusal to sign an official complaint against the offender doesn’t prevent an arrest.
What Is the Missouri Domestic Violence 12 Hour Rule?
If you’ve been accused of domestic violence, you‘re not alone. Missouri has the third-highest rate of individuals who have been involved in domestic violence. Obviously, these statistics include false accusations, as well as those found not guilty.
Fighting a charge of domestic violence on your own is near impossible, particularly if the 12-hour rule was invoked. As soon as you learn you are being charged with or accused of domestic violence, you need to speak with an expert domestic violence attorney at Combs Waterkotte. You want a lawyer on your side who has experience in cases similar to yours and who has a background in successfully defeating domestic violence accusations. You shouldn’t settle for anything less.
Call us as soon as possible at (314) 900-HELP or reach out online for a free, no-obligation case review.
