Kansas City, MO Ordinance Pertaining to Violation of an Order of Protection

Kansas City, MO, US

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Type: Ordinance

Status: Adopted on 8/21/08

Vote: In Favor - 11 Opposed - 1

Source File: Click here

Text:

ORDINANCE NO. 080765
Amending Chapter 50, Code of Ordinances, by enacting a new Section 50-47, Violation of Order of Protection.

WHEREAS, there are citizens who have been the victims of domestic and other threatened violence which have sought and been granted orders of protection by Missouri courts and courts of other jurisdictions; and

WHEREAS, there are a significant number of orders of protection violated within the Citys corporate limits for which there are not the resources available to the Kansas City, Missouri Police Department to prosecute such violations of orders of protection as a violation of a Missouri criminal statute; and

WHEREAS, the Council desires that the Kansas City, Missouri Police Department have the resources of the City Prosecutors Office and the Municipal Court available for the prosecution of violations of orders of protection so that domestic and other violence can be better deterred and penalized;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting in Article II, Offenses Against the Administration of Justice a new Section 50-47, Violation of an Order of Protection, to read as follows:

Sec. 50-47. Violation of an Order of Protection

(a) It shall be unlawful for any person to violate the terms or conditions of a full order of protection entered by a court of the State of Missouri or by any other state, tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

(b) A copy of an order of protection entered by a court of the State of Missouri or a certified copy of an order of protection entered by any other state, tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia shall be prima facie evidence of the existence and validity of the order of protection.

(c) Refusal of the person whose benefit the order of protection was issued to sign a complaint or to testify shall not be a defense to a violation of a full order of protection.