As a victim of domestic violence, you can bring criminal charges, which will be prosecuted by the State of Missouri through the local Prosecuting Attorney's office. The purpose is to punish your abuser for violating the law.
To start a criminal proceeding, you should . . .
1. Report the Crime As Soon As Possible.
If you can get to a telephone,
call the police. The police must respond to your call. If the police witness
the assault, they are required by law to make an arrest on the spot. Of course,
you should never remain in a place of danger in order to allow the police to
witness the violence. The police also have an obligation to arrest if they
have a reasonable belief that you have been attacked or abused in some manner.
2. Be Prepared to Tell What Happened.
If the police do not witness the assault,
you may need to go to the Prosecuting Attorney's office to press charges.
You will need to describe to the Prosecutor what happened to you and take
along with you any witnesses to the domestic violence and any evidence of
injury or abuse, including pictures, torn or blood-stained clothes and medical
reports. Upon hearing your sworn testimony, the Prosecuting Attorney's office
should press charges which will result in the issuance of a criminal summons
or a warrant. A criminal summons or warrant should be issued even if you
do not have physical evidence of abuse.
3. Know the Crimes and Charges.
* Rape and Sexual Assault:
Sexual assault is the attempt to cause another
to engage involuntarily in any sexual act by force, threat of force, or duress.
The
crime of forcible rape is when a person has sexual intercourse, which includes
penetration, however slight, with you by use of force. Rape or an attempt
to commit rape is a felony.
* Assault:
A person commits the crime of assault if he or she attempts to kill or knowingly
causes or attempts to cause serious injury to you. Assault in the first degree
is a felony. Assault in the second degree is also a felony, and includes
attempts to cause serious physical injury under the influence of sudden passion
or by using a deadly weapon or dangerous instrument or if the person recklessly
causes serious injury or while a person is intoxicated or under the influence
of drugs.
* Communicating Threats - Harassment
A person is guilty of harassment against you if, for the purpose of frightening
or disturbing you, he or she threatens to physically injure you or damage
your property, or to commit any felony, or makes an offensive telephone call,
or makes anonymous or repeated telephone calls.
* Stalking
The offense of stalking occurs when a person purposely and repeatedly harasses
or follows you with the intent to harass you. To be illegal, stalking must
occur over a period of time, showing a pattern of conduct and continued purpose.
The course of conduct must be such that it would cause a reasonable person
to suffer substantial emotional distress, and must actually cause substantial
emotional distress to you.
* Harassing Phone Calls
Using profane, indecent or threatening language against you over the telephone
or on your answering machine is illegal. This includes annoying or harassing
you by making false statements over the telephone or by repeated calling.
4. Be Prepared for the Criminal Trial.
* The Court Date
You need to keep track of the date which is set for trial, and be sure to
go to court at the right time that day ready to testify about the details
of the violence against you.
* The Prosecuting Attorney is Your Attorney
You do not need to hire an attorney since the prosecuting attorney represents
your interests. You should contact the prosecuting attorney's office before
the trial date to discuss the case and the evidence which you will be able
to present. If there are any witnesses to the domestic violence against you,
you should let the prosecuting attorney know as soon as possible and request
that they be subpoenaed to appear at the trial. You should give the prosecuting
attorney the names and badge numbers of the police officers who arrested
the abuser or who responded to your call.
* Possible ContinuancesCriminal cases are routinely continued for several weeks or even months
in order to allow the abuser (defendant) to hire an attorney or to subpoena
witnesses. It is important to keep track of the date on which the case is
scheduled to return and, once again, to go to court at the appropriate time
that day.
* The Punishment
If the defendant is found guilty, the punishment will depend on the circumstances
of the case. The decision is up to the judge, but the judge will consider
the prosecuting attorney's recommendation and other factors such as whether
the defendant has done this before. If the crime is serious enough, the abuser
could be sentenced to a long prison term. In the typical domestic violence
case, however, the abuser will be found guilty of a misdemeanor and will
receive a suspended sentence, a fine and/or probation. Depending on the circumstances
of the case, you may want to ask the court to order the abuser to undergo
counseling, substance abuse counseling and/or to stay away from you.
5. Follow These Tips and Pointers . . .
* Do not press criminal charges if you are not going to follow through.
Remember that if you drop the charges, the court and police are less likely
to believe you the next time. If you do not appear on the day scheduled for
trial, your case may be dismissed.
* Be present and ready to have all witnesses available on short notice. Cooperate
with the prosecuting attorney and tell him or her everything you can remember
about the domestic violence against you.
* If the abuser attacks you again (after he has been found guilty), take
out another warrant for their arrest and report the attack to his probation
officer.
