Law enforcement agencies response to violation of order--arrest forviolation, penalties--custody to be returned to rightful party, when.
455.538. 1. When a law enforcement officer has probablecause to believe that a party, against whom a protective orderfor a child has been entered, has committed an act of abuse inviolation of that order, he shall have the authority to arrestthe respondent whether or not the violation occurred in thepresence of the arresting officer.
2. When a person, against whom an order of protection for achild has been entered, fails to surrender custody of minorchildren to the person to whom custody was awarded in an order ofprotection, the law enforcement officer shall arrest therespondent, and shall turn the minor children over to the careand custody of the party to whom such care and custody wasawarded.
3. The same procedures, including those designed to protectconstitutional rights, shall be applied to the respondent asthose applied to any individual detained in police custody.
4. (1) Violation of the terms and conditions of an ex parteorder of protection with regard to abuse, child custody, orentrance upon the premises of the victim's dwelling unit, ofwhich the respondent has notice, shall be a class A misdemeanor.Violation of the terms and conditions of a full order ofprotection for a child regarding abuse, child custody, orentrance upon the premises of the petitioner's dwelling unit,shall be a class A misdemeanor.
(2) For purposes of this subsection, in addition to thenotice provided by actual service of the order, a party is deemedto have notice of an order of protection for a child if the lawenforcement officer responding to a call of a reported incidentof abuse or violation of an order of protection for a childpresents a copy of the order of protection to the respondent.
5. The fact that an act by a respondent is a violation of avalid order of protection for a child shall not precludeprosecution of the respondent for other crimes arising out of theincident in which the protection order is alleged to have beenviolated.
Law enforcement agencies response to violation of order--arrest forviolation, penalties--custody to be returned to rightful party, when.
455.538. 1. When a law enforcement officer has probablecause to believe that a party, against whom a protective orderfor a child has been entered, has committed an act of abuse inviolation of that order, he shall have the authority to arrestthe respondent whether or not the violation occurred in thepresence of the arresting officer.
2. When a person, against whom an order of protection for achild has been entered, fails to surrender custody of minorchildren to the person to whom custody was awarded in an order ofprotection, the law enforcement officer shall arrest therespondent, and shall turn the minor children over to the careand custody of the party to whom such care and custody wasawarded.
3. The same procedures, including those designed to protectconstitutional rights, shall be applied to the respondent asthose applied to any individual detained in police custody.
4. (1) Violation of the terms and conditions of an ex parteorder of protection with regard to abuse, child custody, orentrance upon the premises of the victim's dwelling unit, ofwhich the respondent has notice, shall be a class A misdemeanor.Violation of the terms and conditions of a full order ofprotection for a child regarding abuse, child custody, orentrance upon the premises of the petitioner's dwelling unit,shall be a class A misdemeanor.
(2) For purposes of this subsection, in addition to thenotice provided by actual service of the order, a party is deemedto have notice of an order of protection for a child if the lawenforcement officer responding to a call of a reported incidentof abuse or violation of an order of protection for a childpresents a copy of the order of protection to the respondent.
5. The fact that an act by a respondent is a violation of avalid order of protection for a child shall not precludeprosecution of the respondent for other crimes arising out of theincident in which the protection order is alleged to have beenviolated.
Law enforcement agencies response to violation of order--arrest forviolation, penalties--custody to be returned to rightful party, when.
455.538. 1. When a law enforcement officer has probablecause to believe that a party, against whom a protective orderfor a child has been entered, has committed an act of abuse inviolation of that order, he shall have the authority to arrestthe respondent whether or not the violation occurred in thepresence of the arresting officer.
2. When a person, against whom an order of protection for achild has been entered, fails to surrender custody of minorchildren to the person to whom custody was awarded in an order ofprotection, the law enforcement officer shall arrest therespondent, and shall turn the minor children over to the careand custody of the party to whom such care and custody wasawarded.
3. The same procedures, including those designed to protectconstitutional rights, shall be applied to the respondent asthose applied to any individual detained in police custody.
4. (1) Violation of the terms and conditions of an ex parteorder of protection with regard to abuse, child custody, orentrance upon the premises of the victim's dwelling unit, ofwhich the respondent has notice, shall be a class A misdemeanor.Violation of the terms and conditions of a full order ofprotection for a child regarding abuse, child custody, orentrance upon the premises of the petitioner's dwelling unit,shall be a class A misdemeanor.
(2) For purposes of this subsection, in addition to thenotice provided by actual service of the order, a party is deemedto have notice of an order of protection for a child if the lawenforcement officer responding to a call of a reported incidentof abuse or violation of an order of protection for a childpresents a copy of the order of protection to the respondent.
5. The fact that an act by a respondent is a violation of avalid order of protection for a child shall not precludeprosecution of the respondent for other crimes arising out of theincident in which the protection order is alleged to have beenviolated.
