In addition to the expansion of Orders of Protection in Missouri to address pet abuse, the new law also contains two other important expansions: the definition of stalking has been expanded and the length of the initial Order of Protection may now be up to ten years and an Order of Protection that is entered on a request for renewal may be issued for the lifetime of the Respondent.
“Stalking” has long been the basis of an Order of Protection and has long been defined as “when any person purposely engages in an unwanted course of conduct that causes alarm [fear of danger of physical harm]” to the person seeking the Order of Protection or a member of their household. The requirement remains that it is reasonable for someone in that person’s situation to have been alarmed by the conduct.
As before, “stalking” means a pattern of conduct of two or more acts over a period of time – no matter how short – that serve no legitimate purpose. These acts may include those where the stalker directly or indirectly through a third party follows, monitors, observes, threatens or communicates to a person by any action, method or device. This is significant, as the stalker who has his accomplice send texts or e-mails or Facebook messages can now be held to account. It is a change that the stalking may be done directly by the Respondent or indirectly through a third party. The addition of indirect stalking is an important expansion of the law in this regard.
The length of time that an Order of Protection may be in force before it must be extended has been increased from a minimum of 180 days to a maximum of ten years and on a request for renewal, the lifetime of the Respondent.
If, after a hearing, the judge makes specific written findings that the Respondent poses a serious danger to the physical or mental health of the Petitioner or of a minor household member of the Petitioner, the Order of Protection is to be in effect for at least two years and not more than ten years.
On an application for renewal of an Order of Protection, the Order of Protection may be extended for two years or up to the life of the Respondent.
EXPANDED
In addition to the expansion of Orders of Protection in Missouri to address pet abuse, the new law also contains two other important expansions: the definition of stalking has been expanded and the length of the initial Order of Protection may now be up to ten years and an Order of Protection that is entered on a request for renewal may be issued for the lifetime of the Respondent.
“Stalking” has long been the basis of an Order of Protection and has long been defined as “when any person purposely engages in an unwanted course of conduct that causes alarm [fear of danger of physical harm]” to the person seeking the Order of Protection or a member of their household. The requirement remains that it is reasonable for someone in that person’s situation to have been alarmed by the conduct.
As before, “stalking” means a pattern of conduct of two or more acts over a period of time – no matter how short – that serve no legitimate purpose. These acts may include those where the stalker directly or indirectly through a third party follows, monitors, observes, threatens or communicates to a person by any action, method or device. This is significant, as the stalker who has his accomplice send texts or e-mails or Facebook messages can now be held to account. It is a change that the stalking may be done directly by the Respondent or indirectly through a third party. The addition of indirect stalking is an important expansion of the law in this regard.
The length of time that an Order of Protection may be in force before it must be extended has been increased from a minimum of 180 days to a maximum of ten years and on a request for renewal, the lifetime of the Respondent.
If, after a hearing, the judge makes specific written findings that the Respondent poses a serious danger to the physical or mental health of the Petitioner or of a minor household member of the Petitioner, the Order of Protection is to be in effect for at least two years and not more than ten years.
On an application for renewal of an Order of Protection, the Order of Protection may be extended for two years or up to the life of the Respondent.