In the past, the law treated domestic violence much the same way it treated any other violence. This meant the law wasn’t designed to have a role in preventing domestic violence, only in punishing those who committed domestic violence.
Over time, the states reached a consensus that this approach was not enough. Domestic violence often happens in private, and it tends to work in patterns that get worse over time. Under the old, reactive approach, the authorities often didn’t get involved in a domestic violence situation until it was too late for the victim. As a result, activists, police and lawmakers called for new laws and new approaches to domestic violence.
Specific laws
Missouri has criminal laws specifically dealing with domestic violence. For example, a person can be convicted of domestic assault in the first degree if they are found to have killed (or attempted to kill) or caused (or attempted to cause) serious physical injury to a “domestic victim.” Missouri criminal law defines a domestic victim as a household member, which can include a spouse, former spouse, relatives, children, romantic partners or anyone who currently or previously lived with the accused.
Generally, this crime is treated as a class B felony, which can mean 5-15 years in prison. If the accused is found to have actually inflicted serious physical injury, it is charged as a class A felony, which can mean 10-30 years in prison.
On the face of it, this domestic assault charge doesn’t look much different from a typical charge of first degree assault involving two people who are not related. However, the relationship of the victim and the accused can make a big difference when it comes to sentencing. A Missouri court is more likely to hand down a longer sentence if the assault case involved a domestic victim.
Preventative approach
The other big difference between the way Missouri law treats domestic violence and the way it treats other violent crimes involves prevention. Because violence between domestic partners tends to get worse over time, Missouri law aims to separate the partners before someone is hurt. This is the idea behind an order of protection.
Also known as a restraining order, an order of protection can order an accused person to stay away from the alleged victim. A person can receive one of these orders after they are accused of a number of crimes — not just assault against a domestic victim, but also stalking, abuse of a pet or other crimes.
And importantly, the order can go into effect before the accused has had a chance to a defense in court. For example, an ex parte order of protection can go into effect without the accused person’s knowledge and remain in effect for 15 days before the accused person can have a court hearing.
Defense
Everyone believes that victims of domestic violence should be protected. But the rights of the accused must also be protected.
In a situation where people can lose their rights before they have a hearing, and in which they can face severe penalties if convicted, it is crucial that the accused have experienced representation.