Gibbons Law Firm: Understanding Missouri Domestic Violence Laws

Centuries ago, men were allowed to beat their dependents in order to ensure an orderly, obedient household. The only regulation was that they had to use a very small stick (one no thicker than their finger). In addition to wives and children, "dependents" also referred to slaves and indentured servants. This practice was not allowed for long - slaves were freed, and the act of beating one's dependents became criminalized. Today, there are harsh consequences for anyone who assaults a family member. Keep reading to learn more about Missouri's domestic violence laws, courtesy of our criminal defense attorney in Osage Beach MO.

An Overview Of Domestic Violence Laws

A person is considered guilty of domestic violence if he or she commits physical or sexual assault against any of the following persons:

Someone he/she lives with or has previously lived with
Someone he/she has a child with
Someone he/she is currently dating or has dated in the past
A current or previous spouse
A family member (either by blood or marriage)

First, Second, & Third Degree Charges

Domestic assault in the first degree refers to the most serious and heinous acts. First degree charges only relate to individuals who knowingly kill, attempt to kill, seriously injure, or attempt to seriously injure a domestic victim. Domestic violence in the first degree is considered a felony and may be punishable by several years of imprisonment, possibly up to a life sentence.

Typically, second degree domestic assault charges are also considered felonies. Generally, domestic assault in the second degree refers to any behavior wherein the aggressor recklessly or intentionally causes serious physical injury, either by using a deadly weapon, dangerous instrument, or his/her own hands.

Third degree domestic assault charges are not quite as serious as those classified in the first or second degree, and are typically classified as misdemeanors. Examples of third degree domestic assault charges may include physically harmful acts, such as:

Threatening a victim with fear of immediate physical injury
Engaging in unwanted physical or sexual contact with a victim
Forcing a victim to engage in unwanted sexual acts
Causing moderate physical injury, either intentionally or recklessly

Third degree domestic assault charges may also include acts that do not cause immediate bodily harm, but are instead used to terrorize victims. Examples of non-physically violent domestic violence charges may include:

Stalking a victim
Isolating a victim by cutting off contact with other friends and family members
Parental kidnapping (cutting your children off from contact with family or the other parent - typically in violation of custody agreements)

Who Can Be Victimized By Domestic Violence?

Domestic assault offenders don't discriminate. Anyone can be the victim of domestic violence, including children, adults, and elderly individuals. If you or someone you know has been the victim of domestic violence, it is important to seek help. Multiple shelters are available to house women, men, and children who have been victimized by their spouses or partners and need a safe place to go. Law enforcement and attorneys are available to help you seek legal recourse for your suffering and ensure that your attacker gets the punishment he/she deserves. Depending on the circumstances surrounding your specific situation, the court may issue a permanent order of protection to prohibit the attacker from making any future contact with you. If necessary, the court may issue a temporary ex parte order to protect you until a permanent order of protection may be established.

Contact Gibbons Law Firm For Representation

Our general practice firm in Osage Beach has experience representing clients in a wide variety of domestic violence cases. Contact our domestic violence attorney in Camden County MO for representation. Remember - your initial consultation with Gibbons Law Firm is always free.