Section 13.23 Other Options

• Library: Family Law Deskbook and 2014 Supp

iii. (§13.23) Other Options

Because of such extensive scrutiny from the appellate courts in considering stalking claims, the petitioner could consider less-burdensome approaches. If the respondent is deemed to be a “family or household member,” the petitioner could consider filing a petition on the basis of one form of abuse—“assault.” “Assault” is defined as “purposely or knowingly placing or attempting to place another in fear of physical harm.” Section 455.010(1)(a), RSMo Supp. 2011. Another possibility, if appropriate, would be to allege attempted “battery.” Section 455.010(1)(b). This approach avoids the necessity of establishing subjective and objective fear on the part
of the petitioner. Instead, only the respondent’s state of mind needs to be addressed. Once again, such a claim can only be made against a family or household...