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Every Domestic Violence Case in St. Louis, Missouri Is Different
It is a sad fact of life that many relationships in St. Louis deteriorate over time and one or both parties can lash out at each other. Usually in Missouri, one or both parties can take out an order of protection against the other.
Don't face these accusations alone. Contact one of our lawyers today at (314) 900-HELP to protect your interests.
While these orders can be quite broad (they can be taken out against children as well as adults, and last for a minimum of 180 days), in Missouri they can only be entered against a "household or family member", or any accused abuser that has been in an intimate relationship with the person requesting the order, according to Missouri Revised Statute §455.010. Stalking is an exception to this requirement.
Most protection orders generally prohibit contact between the respondent (the term in Missouri for those who have had an order of protection taken out against them) and the alleged victim. This includes a ban on going to their home, workplace, or school, and a prohibition on contacting the other person in any way. The penalties for violating one of these orders vary from fines to time in jail, or potentially having your bail revoked and sent back into custody.
What Are Missouri's Domestic Assault Laws?
Missouri domestic violence law can be found here. The definitions for "domestic assault" are largely the same as regular Missouri statutes regarding simple assault. There are four degrees of domestic assault in Missouri:
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- First-degree domestic assault (RSMo §565.072) — First-degree domestic assault is reserved for "attempting to kill, knowingly causing, or attempting to cause serious physical injury" to a domestic victim. The base penalty for this is a class B felony (5-15 years in prison), but if "serious physical injury" is inflicted the charge can be upgraded to a class A felony (10-30 years, or potentially life imprisonment).
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- Second-degree domestic assault (RSMo §565.073) — Second-degree domestic assault occurs when someone:
- Knowingly causes physical injury to a domestic victim with a deadly weapon, dangerous instrument or by choking or strangulation
- Recklessly causes serious physical injury to a domestic victim
- Recklessly causes physical injury to a domestic victim by means of any deadly weapon
Second-degree domestic assault is a class D felony, punishable by up to seven years in prison and a $10,000 fine.
- Second-degree domestic assault (RSMo §565.073) — Second-degree domestic assault occurs when someone:
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- Third-degree domestic assault (RSMo §565.074) — Third-degree domestic assault occurs when someone attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim. It is a class E felony, which as mentioned above can mean up to four years in state prison.
- Fourth-degree domestic assault (RSMo §565.076) — Fourth-degree domestic assaults occur when someone:
- Attempts to cause or recklessly causes physical injury, pain or illness to a domestic victim
- Causes injury to a domestic victim with a deadly or dangerous weapon through criminal negligence
- Purposely puts a domestic victim in fear of physical injury
- Recklessly engages in conduct which creates substantial risk of death or serious physical injury
- Causes physical contact with a domestic victim knowing they'll regard the contact as offensive
- Knowingly attempts to cause or causes isolation of a domestic victim by restricting or limiting access to other people, phones, other electronic devices or transportation
Fourth-degree domestic assaults are usually classified as a class A misdemeanor (punishable by up to a year in jail and a maximum $2,000 fine). However, if someone has been previously convicted of domestic assault twice before, this charge can be upgraded to a class E felony, which as mentioned above can mean up to a four-year prison sentence.
Those convicted of domestic violence charges also face additional penalties above and beyond a court sentence. Federal law stipulates that anyone convicted of a domestic violence offense, even if it is a misdemeanor, cannot legally possess a firearm. This goes above and beyond Missouri state regulations, which bar gun ownership only if someone is a convicted felon.
