455.010. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

455.010. As used in sections 455.010 to 455.085, unless the contextclearly indicates otherwise, the following terms shall mean:

(1) "Abuse" includes but is not limited to the occurrence of any ofthe following acts, attempts or threats against a person who may beprotected pursuant to sections 455.010 to 455.085:

(a) "Assault", purposely or knowingly placing or attempting to placeanother in fear of physical harm;

(b) "Battery", purposely or knowingly causing physical harm toanother with or without a deadly weapon;

(c) "Coercion", compelling another by force or threat of force toengage in conduct from which the latter has a right to abstain or toabstain from conduct in which the person has a right to engage;

(d) "Harassment", engaging in a purposeful or knowing course ofconduct involving more than one incident that alarms or causes distress toanother adult and serves no legitimate purpose. The course of conduct mustbe such as would cause a reasonable adult to suffer substantial emotionaldistress and must actually cause substantial emotional distress to thepetitioner. 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 ofanother; but does not include constitutionally protected activity;

(e) "Sexual assault", causing or attempting to cause another toengage involuntarily in any sexual act by force, threat of force, orduress;

(f) "Unlawful imprisonment", holding, confining, detaining orabducting another person against that person's will;

(2) "Adult", any person seventeen years of age or older or otherwiseemancipated;

(3) "Court", the circuit or associate circuit judge or a family courtcommissioner;

(4) "Ex parte order of protection", an order of protection issued bythe court before the respondent has received notice of the petition or anopportunity to be heard on it;

(5) "Family" or "household member", spouses, former spouses, adultsrelated by blood or marriage, adults who are presently residing together orhave resided together in the past, an adult who is or has been in acontinuing social relationship of a romantic or intimate nature with thevictim, and adults who have a child in common regardless of whether theyhave been married or have resided together at any time;

(6) "Full order of protection", an order of protection issued after ahearing on the record where the respondent has received notice of theproceedings and has had an opportunity to be heard;

(7) "Order of protection", either an ex parte order of protection ora full order of protection;

(8) "Petitioner", a family or household member or an adult who hasbeen the victim of stalking, who has filed a verified petition pursuant tothe provisions of section 455.020;

(9) "Respondent", the family or household member or adult alleged tohave committed an act of stalking, against whom a verified petition hasbeen filed;

(10) "Stalking" is when an adult purposely and repeatedly engages inan unwanted course of conduct that causes alarm to another person when itis reasonable in that person's situation to have been alarmed by theconduct. As used in this subdivision:

(a) "Alarm" means to cause fear of danger of physical harm;

(b) "Course of conduct" means a pattern of conduct composed ofrepeated acts over a period of time, however short, that serves nolegitimate purpose. Such conduct may include, but is not limited to,following the other person or unwanted communication or unwanted contact;and

(L. 1980 S.B. 524 § 1, A.L. 1986 S.B. 450, A.L. 1989 S.B. 420, A.L. 1993 H.B. 476 & 194, A.L. 1995 S.B. 174, A.L. 1996 H.B. 1619, A.L. 2000 H.B. 1677, et al., A.L. 2004 S.B. 1211, A.L. 2009 H.B. 481)