Orders of protection have limits, police say

Katherine Moshiri was just one of 18 people seeking an order of protection this week in Cape Girardeau County. While the order can serve as a deterrent to possible attackers, it has its limits, law enforcement officials warned.

"An ex parte is a piece of paper. It will not protect your life," said chief deputy Lt. David James of the Cape Girardeau County Sheriff's Department.

Less than two hours after Katherine Moshiri filed an ex parte order, police say, her husband, Mir Shahin Moshiri, opened fire on Katherine Moshiri and her three children. Katherine and Meghan Moshiri, 2, were the only survivors.

Cardinal Glennon Children's Hospital officials did not give an update on Meghan's condition Friday, saying it is not their policy to release that information for a victim of violence. Katherine Moshiri, released from Saint Francis Medical Center in Cape Girardeau, was bedside with Meghan.

Jerry Mouser, Katherine Moshiri's father and Fruitland resident, did not return a call for comment.

Funeral arrangements for Madison Moshiri, 4, and Michael Jeffers, 16, are expected to be announced today, according to Rick Guilliams, funeral director of McCombs Funeral Home.

Mir Shahin Moshiri's body was shipped to his parents in an undisclosed state, said Mike Cracraft of Cracraft-Miller Funeral Home.

An ex parte order against Mir Shahin Moshiri had not been served before the shootings. Filled out at the Common Pleas Courthouse in Cape Girardeau and faxed to the sheriff's office, the order stated that Mir Shahin Moshiri had imprisoned Katherine Moshiri on Dec. 2 and had threatened to kill her.

Court records indicate restraining orders are generally served within 24 to 48 hours. Ex parte orders limit the amount of access a respondent can have with the person who fills out the order. A court hearing must be set within 15 days, at which time both parties have the opportunity to speak. Moshiri's court date was scheduled for Dec. 13.

A felony to violate

Violating an ex parte order is a felony and can result in jail time up to five years and a fine up to $5,000, said Cape Girardeau County Associate Circuit Judge Peter Statler.

While an order offers legal protection, it does not offer physical protection and sheriff deputies are not "private security guards," James said.

Someone in immediate danger should call 911, and if a person continues to feel threatened, a law enforcement agency is required to transport him or her to a safe place or a shelter, said Marsha Keene-Hutchason, director of the victim services program at the Susanna Wesley Family Learning Center in East Prairie, Mo.

A list of shelters can be obtained at www.mocadsv.org or by calling 573-634-4161, said Linda Frankum, the director of House of Refuge in Sikeston, Mo.

Shelters need the support of the public, said Colleen Coble, chief executive officer of the Missouri Coalition Against Domestic and Sexual Violence, in a statement Friday.

"The reality is the last time the state of Missouri dedicated public tax dollars to expand the physical space of domestic violence shelters was more than a decade ago," the statement said.

The Moshiri shooting is not the first time an ex parte order issued in Southeast Missouri did not prevent a tragedy.

In 1995, Linda L. Nelson was shot by her husband, Jerald Amos Nelson, in Pocahontas.

"Just because a piece of paper says you're not supposed to do certain things doesn't mean those things won't be done," Frankum said. "Once a woman gets an order, she still needs to seek a safe shelter."

Despite the orders' limits, Keene-Hutchason said that an order is not invalid.

"It is a piece of paper. However, in a lot of cases it is a deterrent for some batterers," she said.

lbavolek@semissourian.com

335-6611, extension 123