Missouri Statute | Act | Code |Domestic Relations| US Code - US Statute | Chapter 455 Abuse--adults And Children--shelters And Protective Orders

All full orders of protection issued pursuant to this chapter
shall include the Social Security number of the respondent, if known. (L.
2000 H.B. 1677, et al. § 455.550)

As used in sections 455.010 to 455.085, unless the context
clearly indicates otherwise, the following terms shall mean:

(1) "Abuse" includes but is not limited to the occurrence of any of the
following acts, attempts or threats against a person who may be protected
pursuant to sections 455.010 to 455.085:

(a) "Assault", purposely or knowingly placing or attempting to place
another in fear of physical harm;

(b) "Battery", purposely or knowingly causing physical harm to another
with or without a deadly weapon;

(c) "Coercion", compelling another by force or threat of force to engage
in conduct from which the latter has a right to abstain or to abstain
from conduct in which the person has a right to engage;

(d) "Harassment", engaging in a purposeful or knowing course of conduct
involving more than one incident that alarms or causes distress to
another adult and serves no legitimate purpose. The course of conduct
must be such as would cause a reasonable adult to suffer substantial
emotional distress and must actually cause substantial emotional distress
to the petitioner. Such conduct might include, but is not limited to:

a. Following another about in a public place or places;

b. Peering in the window or lingering outside the residence of another;
but does not include constitutionally protected activity;

(e) "Sexual assault", causing or attempting to cause another to engage
involuntarily in any sexual act by force, threat of force, or duress;

(f) "Unlawful imprisonment", holding, confining, detaining or abducting
another person against that person's will;

(2) "Adult", any person eighteen years of age or older or otherwise
emancipated;

(3) "Court", the circuit or associate circuit judge or a family court
commissioner;

(4) "Ex parte order of protection", an order of protection issued by the
court before the respondent has received notice of the petition or an
opportunity to be heard on it;

(5) "Family" or "household member", spouses, former spouses, adults
related by blood or marriage, adults who are presently residing together
or have resided together in the past, an adult who is or has been in a
continuing social relationship of a romantic or intimate nature with the
victim, and adults who have a child in common regardless of whether they
have been married or have resided together at any time;

(6) "Full order of protection", an order of protection issued after a
hearing on the record where the respondent has received notice of the
proceedings and has had an opportunity to be heard;

(7) "Order of protection", either an ex parte order of protection or a
full order of protection;

(8) "Petitioner", a family or household member or an adult who has been
the victim of stalking, who has filed a verified petition pursuant to the
provisions of section 455.020;

(9) "Respondent", the family or household member or adult alleged to have
committed an act of stalking, against whom a verified petition has been
filed;

(10) "Stalking" is when an adult purposely and repeatedly engages in an
unwanted course of conduct that causes alarm to another person when it is
reasonable in that person's situation to have been alarmed by the
conduct. As used in this subdivision:

(a) "Course of conduct" means a pattern of conduct composed of repeated
acts over a period of time, however short, that serves no legitimate
purpose. Such conduct may include, but is not limited to, following the
other person or unwanted communication or unwanted contact;

(b) "Repeated" means two or more incidents evidencing a continuity of
purpose; and

(c) "Alarm" means to cause fear of danger of physical harm. (L. 1980 S.B.
524 § 1, A.L. 1986 S.B. 450, A.L. 1989 S.B. 420, A.L. 1993 H.B. 476 &
194, A.L. 1995 S.B. 174, A.L. 1996 H.B. 1619, A.L. 2000 H.B. 1677, et
al., A.L. 2004 S.B. 1211)

The petition shall be filed in the county where the petitioner
resides, where the alleged incident of abuse occurred, or where the
respondent may be served. (L. 1980 S.B. 524 § 1)

1. Any adult who has been subject to abuse by a present or
former adult family or household member, or who has been the victim of
stalking, may seek relief under sections 455.010 to 455.085 by filing a
verified petition alleging such abuse or stalking by the respondent.

2. An adult's right to relief under sections 455.010 to 455.085 shall not
be affected by his leaving the residence or household to avoid abuse.

3. Any protection order issued pursuant to sections 455.010 to 455.085
shall be effective throughout the state in all cities and counties. (L.
1980 S.B. 524 § 3, A.L. 1986 S.B. 450, A.L. 1989 S.B. 420, A.L. 1993 H.B.
476 & 194)

Except as provided under section 455.030, clerks under the
supervision of a circuit clerk shall explain to litigants not represented
by counsel the procedures for filing all forms and pleadings necessary
for the presentation of their petition to the court. Notice of the fact
that clerks will provide such assistance shall be conspicuously posted in
the clerks' offices. The location of the office where a petition can be
filed shall be conspicuously posted in the court building. The
performance of duties prescribed in this section shall not constitute the
practice of law as defined in section 484.010, RSMo. All duties of the
clerk prescribed in this section shall be performed without cost to the
litigants. The supreme court may promulgate rules as necessary to govern
conduct of court clerks under sections 455.010 to 455.085, and shall
provide forms for petitions and written instructions on filling out all
forms and pleadings necessary for the presentation of the petition to the
court. (L. 1980 S.B. 524 § 4, A.L. 1989 S.B. 420)

No filing fees, court costs, or bond shall be assessed to the
petitioner in an action commenced pursuant to sections 455.010 to
455.085. (L. 1989 S.B. 420, A.L. 2002 H.B. 1814, A.L. 2003 H.B. 613)

1. When the court is unavailable after business hours or on
holidays or weekends, a verified petition for protection from abuse or a
motion for hearing on violation of any order of protection under sections
455.010 to 455.085 may be filed before any available court in the city or
county having jurisdiction to hear the petition pursuant to the
guidelines developed pursuant to subsection 4 of this section. An ex
parte order may be granted pursuant to section 455.035.

2. All papers in connection with the filing of a petition or the granting
of an ex parte order of protection or a motion for a hearing on a
violation of an order of protection under this section shall be certified
by such court or the clerk within the next regular business day to the
circuit court having jurisdiction to hear the petition.

3. A petitioner seeking a protection order shall not be required to
reveal any current address or place of residence except to the court in
camera for the purpose of determining jurisdiction and venue. The
petitioner may be required to provide a mailing address unless the
petitioner alleges that he or she would be endangered by such disclosure,
or that other family or household members would be endangered by such
disclosure. Effective January 1, 2004, a petitioner shall not be required
to provide his or her Social Security number on any petition or document
filed in connection with a protection order; except that, the court may
require that a petitioner's Social Security number be retained on a
confidential case sheet or other confidential record maintained in
conjunction with the administration of the case.

4. The supreme court shall develop guidelines which ensure that a
verified petition may be filed on holidays, evenings and weekends. (L.
1980 S.B. 524 § 5, A.L. 1986 S.B. 450, A.L. 1989 S.B. 420, A.L. 1996 H.B.
1619 merged with S.B. 869, A.L. 2003 H.B. 253 merged with H.B. 613)

In addition to any other jurisdictional grounds provided by law,
a court shall have jurisdiction to enter an order of protection
restraining or enjoining the respondent from abusing, threatening to
abuse, molesting or disturbing the peace of petitioner, pursuant to
sections 455.010 to 455.085, if the petitioner is present, whether
permanently or on a temporary basis within the state of Missouri and if
the respondent's actions constituting abuse have occurred, have been
attempted or have been or are threatened within the state of Missouri.
For purposes of this section, if the petitioner has been the subject of
abuse within or outside of the state of Missouri, such evidence shall be
admissible to demonstrate the need for protection in Missouri. (L. 1995
H.B. 232 & 485)

1. Upon the filing of a verified petition pursuant to sections
455.010 to 455.085 and for good cause shown in the petition, the court
may immediately issue an ex parte order of protection. An immediate and
present danger of abuse to the petitioner shall constitute good cause for
purposes of this section. An ex parte order of protection entered by the
court shall take effect when entered and shall remain in effect until
there is valid service of process and a hearing is held on the motion.

2. Failure to serve an ex parte order of protection on the respondent
shall not affect the validity or enforceability of such order. (L. 1980
S.B. 524 § 6, A.L. 1996 H.B. 1619, A.L. 1999 S.B. 1, et al.)

1. Not later than fifteen days after the filing of a petition
pursuant to sections 455.010 to 455.085 a hearing shall be held unless
the court deems, for good cause shown, that a continuance should be
granted. At the hearing, if the petitioner has proved the allegation of
abuse or stalking by a preponderance of the evidence, the court shall
issue a full order of protection for a period of time the court deems
appropriate, except that the protective order shall be valid for at least
one hundred eighty days and not more than one year. Upon motion by the
petitioner, and after a hearing by the court, the full order of
protection may be renewed for a period of time the court deems
appropriate, except that the protective order shall be valid for at least
one hundred eighty days and not more than one year from the expiration
date of the originally issued full order of protection. If for good cause
a hearing cannot be held on the motion to renew the full order of
protection prior to the expiration date of the originally issued full
order of protection, an ex parte order of protection may be issued until
a hearing is held on the motion. Upon motion by the petitioner, and after
a hearing by the court, the second full order of protection may be
renewed for an additional period of time the court deems appropriate,
except that the protective order shall be valid for at least one hundred
eighty days and not more than one year. For purposes of this subsection,
a finding by the court of a subsequent act of abuse is not required for a
renewal order of protection.

2. The court shall cause a copy of the petition and notice of the date
set for the hearing on such petition and any ex parte order of protection
to be served upon the respondent as provided by law or by any sheriff or
police officer at least three days prior to such hearing. Such notice
shall be served at the earliest time, and service of such notice shall
take priority over service in other actions, except those of a similar
emergency nature. The court shall cause a copy of any full order of
protection to be served upon or mailed by certified mail to the
respondent at the respondent's last known address. Failure to serve or
mail a copy of the full order of protection to the respondent shall not
affect the validity or enforceability of a full order of protection.

3. A copy of any order of protection granted pursuant to sections 455.010
to 455.085 shall be issued to the petitioner and to the local law
enforcement agency in the jurisdiction where the petitioner resides. The
clerk shall also issue a copy of any order of protection to the local law
enforcement agency responsible for maintaining the Missouri uniform law
enforcement system or any other comparable law enforcement system the
same day the order is granted. The law enforcement agency responsible for
maintaining MULES shall enter information contained in the order for
purposes of verification within twenty-four hours from the time the order
is granted. A notice of expiration or of termination of any order of
protection shall be issued to the local law enforcement agency and to the
law enforcement agency responsible for maintaining MULES or any other
comparable law enforcement system. The law enforcement agency responsible
for maintaining the applicable law enforcement system shall enter such
information in the system. The information contained in an order of
protection may be entered in the Missouri uniform law enforcement system
or comparable law enforcement system using a direct automated data
transfer from the court automated system to the law enforcement system.
(L. 1980 S.B. 524 § 7, A.L. 1989 S.B. 420, A.L. 1993 H.B. 476 & 194, A.L.
1995 H.B. 232 & 485, A.L. 1996 S.B. 869, A.L. 1999 S.B. 1, et al., A.L.
2001 S.B. 267)

(1989) Proceeding, in which no witnesses were sworn nor other evidence
was offered, did not constitute a statutorily required "hearing".
(Mo.App.) Ehrhart v. Ehrhart, 776 S.W.2d 450.

(2002) Section permits only three full orders of protection, regardless
of whether those orders fully expend the maximum time allowed. Cook v.
Cook, 97 S.W.3d 482 (Mo.App. W.D.).

Any ex parte order of protection granted pursuant to sections
455.010 to 455.085 shall be to protect the petitioner from abuse or
stalking and may include:

(1) Restraining the respondent from abusing, threatening to abuse,
molesting, stalking or disturbing the peace of the petitioner;

(2) Restraining the respondent from entering the premises of the dwelling
unit of petitioner when the dwelling unit is:

(a) Jointly owned, leased or rented or jointly occupied by both parties;
or

(b) Owned, leased, rented or occupied by petitioner individually; or

(c) Jointly owned, leased or rented by petitioner and a person other than
respondent; provided, however, no spouse shall be denied relief pursuant
to this section by reason of the absence of a property interest in the
dwelling unit; or

(d) Jointly occupied by the petitioner and a person other than the
respondent; provided that the respondent has no property interest in the
dwelling unit;

(3) Restraining the respondent from communicating with the petitioner in
any manner or through any medium;

(4) A temporary order of custody of minor children where appropriate. (L.
1980 S.B. 524 § 8, A.L. 1993 H.B. 476 & 194, A.L. 1999 S.B. 1, et al.,
A.L. 2000 H.B. 1677, et al.)

1. Any full or ex parte order of protection granted pursuant to
sections 455.010 to 455.085 shall be to protect the petitioner from abuse
or stalking and may include:

(1) Temporarily enjoining the respondent from abusing, threatening to
abuse, molesting, stalking or disturbing the peace of the petitioner;

(2) Temporarily enjoining the respondent from entering the premises of
the dwelling unit of the petitioner when the dwelling unit is:

(a) Jointly owned, leased or rented or jointly occupied by both parties;
or

(b) Owned, leased, rented or occupied by petitioner individually; or

(c) Jointly owned, leased, rented or occupied by petitioner and a person
other than respondent; provided, however, no spouse shall be denied
relief pursuant to this section by reason of the absence of a property
interest in the dwelling unit; or

(d) Jointly occupied by the petitioner and a person other than
respondent; provided that the respondent has no property interest in the
dwelling unit; or

(3) Temporarily enjoining the respondent from communicating with the
petitioner in any manner or through any medium.

2. Mutual orders of protection are prohibited unless both parties have
properly filed written petitions and proper service has been made in
accordance with sections 455.010 to 455.085.

3. When the court has, after a hearing for any full order of protection,
issued an order of protection, it may, in addition:

(1) Award custody of any minor child born to or adopted by the parties
when the court has jurisdiction over such child and no prior order
regarding custody is pending or has been made, and the best interests of
the child require such order be issued;

(2) Establish a visitation schedule that is in the best interests of the
child;

(3) Award child support in accordance with supreme court rule 88.01 and
chapter 452, RSMo;

(4) Award maintenance to petitioner when petitioner and respondent are
lawfully married in accordance with chapter 452, RSMo;

(5) Order respondent to make or to continue to make rent or mortgage
payments on a residence occupied by the petitioner if the respondent is
found to have a duty to support the petitioner or other dependent
household members;

(6) Order the respondent to pay the petitioner's rent at a residence
other than the one previously shared by the parties if the respondent is
found to have a duty to support the petitioner and the petitioner
requests alternative housing;

(7) Order that the petitioner be given temporary possession of specified
personal property, such as automobiles, checkbooks, keys, and other
personal effects;

(8) Prohibit the respondent from transferring, encumbering, or otherwise
disposing of specified property mutually owned or leased by the parties;

(9) Order the respondent to participate in a court-approved counseling
program designed to help batterers stop violent behavior or to
participate in a substance abuse treatment program;

(10) Order the respondent to pay a reasonable fee for housing and other
services that have been provided or that are being provided to the
petitioner by a shelter for victims of domestic violence;

(11) Order the respondent to pay court costs;

(12) Order the respondent to pay the cost of medical treatment and
services that have been provided or that are being provided to the
petitioner as a result of injuries sustained to the petitioner by an act
of domestic violence committed by the respondent.

4. A verified petition seeking orders for maintenance, support, custody,
visitation, payment of rent, payment of monetary compensation, possession
of personal property, prohibiting the transfer, encumbrance, or disposal
of property, or payment for services of a shelter for victims of domestic
violence, shall contain allegations relating to those orders and shall
pray for the orders desired.

5. In making an award of custody, the court shall consider all relevant
factors including the presumption that the best interests of the child
will be served by placing the child in the custody and care of the
nonabusive parent, unless there is evidence that both parents have
engaged in abusive behavior, in which case the court shall not consider
this presumption but may appoint a guardian ad litem or a court-appointed
special advocate to represent the children in accordance with chapter
452, RSMo, and shall consider all other factors in accordance with
chapter 452, RSMo.

6. The court shall grant to the noncustodial parent rights to visitation
with any minor child born to or adopted by the parties, unless the court
finds, after hearing, that visitation would endanger the child's physical
health, impair the child's emotional development or would otherwise
conflict with the best interests of the child, or that no visitation can
be arranged which would sufficiently protect the custodial parent from
further abuse. The court may appoint a guardian ad litem or
court-appointed special advocate to represent the minor child in
accordance with chapter 452, RSMo, whenever the custodial parent alleges
that visitation with the noncustodial parent will damage the minor child.

7. The court shall make an order requiring the noncustodial party to pay
an amount reasonable and necessary for the support of any child to whom
the party owes a duty of support when no prior order of support is
outstanding and after all relevant factors have been considered, in
accordance with Missouri supreme court rule 88.01 and chapter 452, RSMo.

8. The court may grant a maintenance order to a party for a period of
time, not to exceed one hundred eighty days. Any maintenance ordered by
the court shall be in accordance with chapter 452, RSMo. (L. 1980 S.B.
524 § 9, A.L. 1986 S.B. 450, A.L. 1989 S.B. 420, A.L. 1993 H.B. 476 &
194, A.L. 1995 S.B. 174, A.L. 1999 S.B. 1, et al., A.L. 2000 H.B. 1677,
et al.)

The court may order the person obligated to pay support or
maintenance to make an assignment of a part of his periodic earnings or
other income to the person entitled to receive the payments in accordance
with chapter 452, RSMo. (L. 1980 S.B. 524 § 10, A.L. 1995 S.B. 174)

1. After notice and hearing, the court may modify an order of
protection at any time, upon subsequent motion filed by the guardian ad
litem, the court-appointed special advocate or by either party together
with an affidavit showing a change in circumstances sufficient to warrant
the modification. All full orders of protection shall be final orders and
appealable and shall be for a fixed period of time as provided in section
455.040.

2. Any order for child support, custody, temporary custody, visitation or
maintenance entered under sections 455.010 to 455.085 shall terminate
prior to the time fixed in the order upon the issuance of a subsequent
order pursuant to chapter 452, RSMo, or any other Missouri statute.

3. No order entered pursuant to sections 455.010 to 455.085 shall be res
judicata to any subsequent proceeding, including, but not limited to, any
action brought under chapter 452, RSMo, 1978 as amended.

4. All provisions of an order of protection shall terminate upon entry of
a decree of dissolution of marriage or legal separation except as to
those provisions which require the respondent to participate in a
court-approved counseling program or enjoin the respondent from abusing,
molesting, stalking or disturbing the peace of the petitioner and which
enjoin the respondent from entering the premises of the dwelling unit of
the petitioner as described in the order of protection when the
petitioner continues to reside in that dwelling unit unless the
respondent is awarded possession of the dwelling unit pursuant to a
decree of dissolution of marriage or legal separation.

5. Any order of protection or order for child support, custody, temporary
custody, visitation or maintenance entered under sections 455.010 to
455.085 shall terminate upon the filing of a motion to terminate the
order of protection by the petitioner; except that, in cases where the
order grants custody of a minor child to the respondent, the order shall
terminate only upon consent of both parties or upon the respondent's
failure to object within ten days of receiving the petitioner's notice of
the filing of the motion to dismiss. If the respondent timely objects to
the dismissal, the court shall set the motion to dismiss for hearing and
both parties shall have an opportunity to be heard.

6. The order of protection may not change the custody of children when an
action for dissolution of marriage has been filed or the custody has
previously been awarded by a court of competent jurisdiction. (L. 1980
S.B. 524 § 11, A.L. 1989 S.B. 420, A.L. 1995 S.B. 174, A.L. 2002 H.B.
1814)

1. Provisions of any order respecting maintenance or support may
be modified only as to installments occurring subsequent to the motion
for modification and only upon a showing of changed circumstances so
substantial and continuing as to make the terms unreasonable.

2. Provisions of any order respecting custody may be modified only if the
court finds, upon the basis of facts that have arisen since the prior
order or that were unknown to the court at the time of the prior order,
that a change has occurred in the circumstances of the child or his
custodian and that the modification is necessary to serve the best
interests of the child.

3. Provisions of any order respecting visitation may be modified when the
modification would serve the best interests of the child. (L. 1980 S.B.
524 § 12)

1. Any order of protection issued by any other state, tribe,
territory or possession of the United States, the Commonwealth of Puerto
Rico, or the District of Columbia shall be given full faith and credit
throughout the state in all courts, and by all law enforcement officials
and agencies, and all public officials and shall be enforceable in the
same manner as any order of protection issued by a court in this state.

2. A person entitled to protection under a foreign order of protection as
described in subsection 1 of this section may file a certified copy of
the foreign order of protection and an affidavit or sworn statement from
the petitioner that the copy of the foreign order is a true and accurate
copy and has not been altered in the circuit court having jurisdiction.
If the foreign order of protection terminates prior to the expiration
date on the order, the petitioner shall notify the circuit court. A
foreign order of protection as described in subsection 1 of this section
shall be enforceable in this state so long as it is in effect in the
issuing state.

3. Filing of the foreign order of protection shall be without fee or cost.

4. Registration and a Missouri court order recognizing a foreign order of
protection shall not be required for the enforcement of a certified
foreign order of protection in this state. (L. 1995 H.B. 232 & 485, A.L.
1999 S.B. 1, et al., A.L. 2002 H.B. 1814)

All proceedings under sections 455.010 to 455.085 are
independent of any proceedings for dissolution of marriage, legal
separation, separate maintenance and other actions between the parties
and are in addition to any other available civil or criminal remedies,
unless otherwise specifically provided herein. (L. 1980 S.B. 524 § 13)

1. By July 1, 1996, the supreme court of the state of Missouri
shall:

(1) Develop and adopt uniform forms for petitions and orders of
protection; and

(2) Provide the forms to each circuit clerk.

2. The following statements shall be printed in bold faced type or in
capital letters on the order of protection:

(1) "Violation of this order may be punished by confinement in jail for
as long as five years and by a fine of as much as five thousand dollars";
and

(2) "If so ordered by the court, the respondent is forbidden to enter or
stay at the petitioner's residence".

3. The form prescribed by the supreme court for the notice of hearing
required by subsection 2 of section 455.040 shall list all potential
relief that can be granted by the court in any proceeding pursuant to
sections 455.010 to 455.085 as described in section 455.050, and shall
advise the respondent that such relief may be granted if the court finds
for the petitioner, or if the respondent defaults to the petition.

4. All orders of protection shall be issued on the form adopted pursuant
to subsection 1 of this section. (L. 1995 H.B. 232 & 485)

The court may order a party to pay a reasonable amount to the
other party for attorney's fees incurred prior to the commencement of the
proceeding or after entry of judgment. The court shall consider all
relevant factors, including the financial resources of both parties, and
may order that the amount be paid directly to the attorney, who may
enforce the order in his name. (L. 1980 S.B. 524 § 14, A.L. 2002 H.B.
1814)

1. Law enforcement agencies may establish procedures to ensure
that dispatchers and officers at the scene of an alleged incident of
abuse or violation of an order of protection can be informed of any
recorded prior incident of abuse involving the abused party and can
verify the effective dates and terms of any recorded order of protection.

2. The law enforcement agency shall apply the same standard for response
to an alleged incident of abuse or a violation of any order of protection
as applied to any like offense involving strangers, except as otherwise
provided by law. Law enforcement agencies shall not assign lower priority
to calls involving alleged incidents of abuse or violation of protection
orders than is assigned in responding to offenses involving strangers.
Existence of any of the following factors shall be interpreted as
indicating a need for immediate response:

(1) The caller indicates that violence is imminent or in progress; or

(2) A protection order is in effect; or

(3) The caller indicates that incidents of domestic violence have
occurred previously between the parties.

3. Law enforcement agencies may establish domestic crisis teams or, if
the agency has fewer than five officers whose responsibility it is to
respond to calls of this nature, individual officers trained in methods
of dealing with family and household quarrels. Such teams or individuals
may be supplemented by social workers, ministers or other persons trained
in counseling or crisis intervention. When an alleged incident of family
or household abuse is reported, the agency may dispatch a crisis team or
specially trained officer, if available, to the scene of the incident.

4. The officer at the scene of an alleged incident of abuse shall inform
the abused party of available judicial remedies for relief from adult
abuse and of available shelters for victims of domestic violence.

5. Law enforcement officials at the scene shall provide or arrange
transportation for the abused party to a medical facility for treatment
of injuries or to a place of shelter or safety. (L. 1980 S.B. 524 § 15,
A.L. 1986 S.B. 450, A.L. 1989 S.B. 420)

A law enforcement officer in this state may rely upon a copy of
any order of protection issued under sections 455.010 to 455.085 or a
certified foreign order of protection which has been provided to the
peace officer from any source, in determining action to be taken pursuant
to sections 455.080 and 455.085. (L. 1995 H.B. 232 & 485, A.L. 1999 S.B.
1, et al.)

1. When a law enforcement officer has probable cause to believe
a party has committed a violation of law amounting to abuse or assault,
as defined in section 455.010, against a family or household member, the
officer may arrest the offending party whether or not the violation
occurred in the presence of the arresting officer. When the officer
declines to make arrest pursuant to this subsection, the officer shall
make a written report of the incident completely describing the offending
party, giving the victim's name, time, address, reason why no arrest was
made and any other pertinent information. Any law enforcement officer
subsequently called to the same address within a twelve-hour period, who
shall find probable cause to believe the same offender has again
committed a violation as stated in this subsection against the same or
any other family or household member, shall arrest the offending party
for this subsequent offense. The primary report of nonarrest in the
preceding twelve-hour period may be considered as evidence of the
defendant's intent in the violation for which arrest occurred. The
refusal of the victim to sign an official complaint against the violator
shall not prevent an arrest under this subsection.

2. When a law enforcement officer has probable cause to believe that a
party, against whom a protective order has been entered and who has
notice of such order entered, has committed an act of abuse in violation
of such order, the officer shall arrest the offending party-respondent
whether or not the violation occurred in the presence of the arresting
officer. Refusal of the victim to sign an official complaint against the
violator shall not prevent an arrest under this subsection.

3. When an officer makes an arrest he is not required to arrest two
parties involved in an assault when both parties claim to have been
assaulted. The arresting officer shall attempt to identify and shall
arrest the party he believes is the primary physical aggressor. The term
"primary physical aggressor" is defined as the most significant, rather
than the first, aggressor. The law enforcement officer shall consider any
or all of the following in determining the primary physical aggressor:

(1) The intent of the law to protect victims of domestic violence from
continuing abuse;

(2) The comparative extent of injuries inflicted or serious threats
creating fear of physical injury;

(3) The history of domestic violence between the persons involved.

No law enforcement officer investigating an incident of family violence
shall threaten the arrest of all parties for the purpose of discouraging
requests or law enforcement intervention by any party. Where complaints
are received from two or more opposing parties, the officer shall
evaluate each complaint separately to determine whether he should seek a
warrant for an arrest.

4. In an arrest in which a law enforcement officer acted in good faith
reliance on this section, the arresting and assisting law enforcement
officers and their employing entities and superiors shall be immune from
liability in any civil action alleging false arrest, false imprisonment
or malicious prosecution.

5. When a person against whom an order of protection has been entered
fails to surrender custody of minor children to the person to whom
custody was awarded in an order of protection, the law enforcement
officer shall arrest the respondent, and shall turn the minor children
over to the care and custody of the party to whom such care and custody
was awarded.

6. The same procedures, including those designed to protect
constitutional rights, shall be applied to the respondent as those
applied to any individual detained in police custody.

7. A violation of the terms and conditions, with regard to abuse,
stalking, child custody, communication initiated by the respondent or
entrance upon the premises of the petitioner's dwelling unit, of an ex
parte order of protection of which the respondent has notice, shall be a
class A misdemeanor unless the respondent has previously pleaded guilty
to or has been found guilty of violating an ex parte order of protection
or a full order of protection within five years of the date of the
subsequent violation, in which case the subsequent violation shall be a
class D felony. Evidence of prior pleas of guilty or findings of guilt
shall be heard by the court out of the presence of the jury prior to
submission of the case to the jury. If the court finds the existence of
such prior pleas of guilty or finding of guilt beyond a reasonable doubt,
the court shall decide the extent or duration of sentence or other
disposition and shall not instruct the jury as to the range of punishment
or allow the jury to assess and declare the punishment as a part of its
verdict.

8. A violation of the terms and conditions, with regard to abuse,
stalking, child custody, communication initiated by the respondent or
entrance upon the premises of the petitioner's dwelling unit, of a full
order of protection shall be a class A misdemeanor, unless the respondent
has previously pleaded guilty to or has been found guilty of violating an
ex parte order of protection or a full order of protection within five
years of the date of the subsequent violation, in which case the
subsequent violation shall be a class D felony. Evidence of prior pleas
of guilty or findings of guilt shall be heard by the court out of the
presence of the jury prior to submission of the case to the jury. If the
court finds the existence of such prior plea of guilty or finding of
guilt beyond a reasonable doubt, the court shall decide the extent or
duration of the sentence or other disposition and shall not instruct the
jury as to the range of punishment or allow the jury to assess and
declare the punishment as a part of its verdict. For the purposes of this
subsection, in addition to the notice provided by actual service of the
order, a party is deemed to have notice of an order of protection if the
law enforcement officer responding to a call of a reported incident of
abuse or violation of an order of protection presented a copy of the
order of protection to the respondent.

9. Good faith attempts to effect a reconciliation of a marriage shall not
be deemed tampering with a witness or victim tampering under section
575.270, RSMo.

10. Nothing in this section shall be interpreted as creating a private
cause of action for damages to enforce the provisions set forth herein.
(L. 1980 S.B. 524 § 16, A.L. 1986 S.B. 450, A.L. 1989 S.B. 420, A.L. 1993
H.B. 476 & 194, A.L. 2000 H.B. 1677, et al.)

(1982) Adult Abuse Act does not violate constitutional requirement that
legislative bills contain only one subject which shall be clearly
expressed in the title; provisions relating to ex parte orders of
protection excluding certain persons from home to prevent further abuse
do not violate due process; and provisions permitting trial court to
include certain provisions in ex parte or full order of protection,
violation of which were misdemeanors, did not violate constitutional
requirements of separation and nondelegation of power. State ex rel.
Williams v. Marsh (Mo.), 626 S.W.2d 223.

(1996) "Lingering outside" is not unconstitutionally vague. State v.
Schleiermacher, 924 S.W.2d 269 (Mo.banc).

1. The court shall retain jurisdiction over the full order of
protection issued under this chapter for its entire duration. The court
may schedule compliance review hearings to monitor the respondent's
compliance with the order.

2. The terms of the order of protection issued under this chapter are
enforceable by all remedies available at law for the enforcement of a
judgment, and the court may punish a respondent who willfully violates
the order of protection to the same extent as provided by law for
contempt of the court in any other suit or proceeding cognizable by the
court. (L. 2004 S.B. 1211)

As used in sections 455.200 to 455.230, unless the context
clearly requires otherwise, the following words and phrases mean:

(1) "Designated authority", the board, commission, agency, or other body
designated under the provisions of section 455.210 as the authority to
administer the allocation and distribution of funds to shelters;

(2) "Domestic violence", attempting to cause or causing bodily injury to
a family or household member, or placing a family or household member by
threat of force in fear of imminent physical harm;

(3) "Family or household member", a spouse, a former spouse, person
living with another person whether or not as spouses, parent, or other
adult person related by consanguinity or affinity, who is residing or has
resided with the person committing the domestic violence and dependents
of such persons;

(4) "Shelter for victims of domestic violence" or "shelter", a facility
established for the purpose of providing temporary residential service or
facilities to family or household members who are victims of domestic
violence. (L. 1982 H.B. 1069 § 2)

The governing body of the city or county shall designate in the
order or ordinance imposing the fees, as provided in section 455.205*, an
appropriate board, commission, agency or other body of the county, or
city, as the authority to administer the allocation and distribution of
the funds to shelters for victims of domestic violence in the manner
provided in sections 455.200 to 455.230. The members of the designated
authority may be reimbursed from the special fund for moneys actually and
necessarily expended in the performance of their duties under the
provisions of sections 455.200 to 455.230, but not more than five percent
of the fees collected pursuant to section 455.205* may be used for such
purposes. (L. 1982 H.B. 1069 § 4)

*Transferred 2000; now 488.445

1. A shelter for victims of domestic violence may apply to the
designated authority for funds to be used for the funding of the shelter.
All applications shall be submitted by the first day of October of the
year preceding the calendar year for which the funding is desired, and
shall include all of the following:

(1) Evidence that the shelter is incorporated in this state as a
nonprofit corporation;

(2) A list of the directors of the corporation, and a list of the
trustees of the shelter if different;

(3) The proposed budget of the shelter for the following calendar year;

(4) A summary of the services proposed to be offered in the following
calendar year;

(5) An estimate of the number of persons to be served during the
following calendar year.

2. Upon receipt of an application for funds from a shelter that meets the
criteria set forth in section 455.220, the designated authority, on or
before the fifteenth day of November of the year in which the application
is filed, shall notify the shelter, in writing, whether it is eligible to
receive funds, and if the shelter is eligible, specify the amount
available for that shelter from the fees collected pursuant to section
455.205*.

3. Funds allocated to shelters pursuant to this section shall be paid to
the shelters twice annually, on the first day of January and the first
day of July of the years following the year in which the application is
filed. (L. 1982 H.B. 1069 § 5)

*Transferred 2000; now 488.445

1. To qualify for funds allocated and distributed pursuant to
section 455.215 a shelter shall meet all of the following requirements:

(1) Be incorporated in the state as a nonprofit corporation;

(2) Have trustees who represent the racial, ethnic and socioeconomic
diversity of the community to be served, at least one of whom must
possess personal experience in confronting or mitigating the problems of
domestic violence;

(3) Receive at least twenty-five percent of its funds from sources other
than funds distributed pursuant to section 455.215. These other sources
may be public or private and may include contributions of goods or
services, including materials, commodities, transportation, office space
or other types of facilities or personal services;

(4) Provide residential service or facilities for children when
accompanied by a parent, guardian, or custodian who is a victim of
domestic violence and who is receiving temporary residential service at
the shelter;

(5) Require persons employed by or volunteering services to the shelter
to maintain the confidentiality of any information that would identify
individuals served by the shelter and any information or records that are
directly related to the advocacy services provided to such individuals;

(6) Prior to providing any advocacy services, inform individuals served
by the shelter of the nature and scope of the confidentiality requirement
in subdivision (5) of this subsection.

2. Any person employed by or volunteering services to a shelter for
victims of domestic violence shall be incompetent to testify concerning
any confidential information described in subdivision (5) of subsection 1
of this section, unless the confidentiality requirement is waived in
writing by the individual served by the shelter.

3. A shelter does not qualify for funds if it discriminates in its
admissions or provision of services on the basis of race, religion,
color, age, marital status, national origin, or ancestry. (L. 1982 H.B.
1069 § 6, A.L. 2000 H.B. 1677, et al.)

(2004) Confidentiality requirements of section are not legally recognized
privileged communications within meaning of section 210.140, RSMo. State
ex rel. Hope House, Inc. v. Merrigan, 133 S.W.3d 44 (Mo.banc).

If a designated authority receives applications from more than
one qualified shelter for victims of domestic violence and the requests
for the funds exceed the amount of funds available, funds shall be
allocated on the basis of the following priorities:

(1) To shelters in existence on August 13, 1982;

(2) To shelters offering or proposing to offer the broadest range of
services and referrals to the community served, including medical,
psychological, financial, educational, vocational, child care services
and legal services;

(3) To other facilities offering or proposing to offer services
specifically to victims of physical domestic violence;

(4) To other qualified shelters. (L. 1982 H.B. 1069 § 7)

1. A shelter for victims of domestic violence that receives
funds pursuant to sections 455.200 to 455.230 shall file an annual report
with the designated authority of the county, or of the city not within a
county, in which it is located, on or before the thirty-first day of
March of the year following the year in which funds were received. The
annual report shall include statistics on the number of persons served by
the shelter, the relationship of the victim of domestic violence to the
abuser, the number of referrals made for medical, psychological,
financial, educational, vocational, child care services or legal
services, and shall include the results of an independent audit. No
information contained in the report shall identify any person served by
the shelter or enable any person to determine the identity of any such
person. Any information contained in the report that is directly related
to advocacy services provided by the shelter shall not be construed as a
violation of section 455.220. Any shelter for victims of domestic
violence as defined in this chapter may apply to the department of public
safety for a grant to provide funds for the renovation, construction and
improvement of such shelter on a 75/25 state/local match rate, subject to
appropriation.

2. The designated authority shall compile the reports filed pursuant to
subsection 1 of this section annually.

3. In addition to any shelter funded under said section, subject to
appropriation, the department of social services shall fund a child
assessment center to serve the needs of children from families in
conflict and from domestic violence to be located in any county of the
first classification without a charter form of government with a
population of more than one hundred sixty thousand but less than two
hundred thousand. (L. 1982 H.B. 1069 § 8, A.L. 2000 H.B. 1677, et al.)

1. There is hereby established the "Missouri Domestic Violence
Commission" within the department of public safety, to study solutions
for domestic violence in Missouri. The commission shall be composed of
the following members:

(1) One judge of a juvenile court, who shall be appointed by the chief
justice of the supreme court;

(2) One judge of a family court, who shall be appointed by the chief
justice of the supreme court;

(3) Nine members of the general public, five of whom shall represent
domestic violence providers and one of whom shall represent a statewide
coalition against domestic violence.

All members shall serve for as long as they hold the position which made
them eligible for appointment to the Missouri domestic violence
commission under this subsection. All members shall serve without
compensation but may be reimbursed for all actual and necessary expenses
incurred in the performance of their official duties for the commission.

2. All meetings of the Missouri domestic violence commission shall be
open to the public and shall, for all purposes, be deemed open public
meetings under the provisions of sections 610.010 to 610.030, RSMo. The
Missouri domestic violence commission shall meet no less than once every
two months, and shall hold its first meeting no later than sixty days
after January 1, 2001. Notice of all meetings of the commission shall be
given to the general assembly in the same manner required for notifying
the general public of meetings of the general assembly.

3. The Missouri domestic violence commission may make all rules it deems
necessary to enable it to conduct its meetings, elect its officers, and
set the terms and duties of its officers.

4. The commission shall elect from amongst its members a chairman, vice
chairman, a secretary-reporter, and such other officers as it deems
necessary.

5. The services of the personnel of any agency from which the director or
deputy director is a member of the commission shall be made available to
the commission at the discretion of such director or deputy director. All
meetings of the commission shall be held in the state of Missouri.

6. The commission, by majority vote, may invite individuals representing
local and federal agencies or private organizations and the general
public to serve as ex officio members of the commission. Such individuals
shall not have a vote in commission business and shall serve without
compensation but may be reimbursed for all actual and necessary expenses
incurred in the performance of their official duties for the commission.
(L. 2000 H.B. 1677, et al.)

1. Beginning in 2001, the department of social services and the
Missouri domestic violence commission established pursuant to this
chapter, shall establish and administer up to twenty domestic violence
intervention/rehabilitation pilot projects. Such projects shall operate
as satellite projects through existing domestic violence prevention
facilities where no such facilities exist for the following purposes:

(1) To implement, expand, and establish cooperative efforts between law
enforcement officers, prosecutors, victim advocacy groups, and other
related parties to investigate and prosecute incidents of domestic
violence;

(2) To prevent domestic violence and provide immediate shelter for
victims of domestic violence;

(3) To provide treatment and counseling to victims of domestic violence;
and

(4) To work in cooperation with the community to develop education and
prevention strategies regarding domestic violence.

2. Funding for the pilot programs shall be subject to appropriation.

3. The department and the commission shall promulgate rules and
regulations, pursuant to chapter 536, RSMo, to implement, administer, and
monitor the pilot projects. Any rule or portion of a rule, as that term
is defined in section 536.010, RSMo, that is created under the authority
delegated in this section shall become effective only if it complies with
and is subject to all of the provisions of chapter 536, RSMo, and if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to dely the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2000, shall be invalid and void.

4. Beginning in 2001, the department and the commission shall submit an
annual report of its activities to the speaker of the house of
representatives, the president pro tem of the senate, and the governor
before December thirty-first of each year. (L. 2000 H.B. 1677, et al.)

Sections 455.500 to 455.538 shall be known and may be cited as
the "Child Protection Orders Act". (L. 1987 H.B. 598 § 1)

As used in sections 455.500 to 455.538, the following terms mean:

(1) "Abuse", any physical injury, sexual abuse, or emotional abuse
inflicted on a child other than by accidental means by an adult household
member, or stalking of a child. Discipline including spanking,
administered in a reasonable manner shall not be construed to be abuse;

(2) "Adult household member", any person eighteen years of age or older
or an emancipated child who resides with the child in the same dwelling
unit;

(3) "Child", any person under eighteen years of age;

(4) "Court", the circuit or associate circuit judge or a family court
commissioner;

(5) "Ex parte order of protection", an order of protection issued by the
court before the respondent has received notice of the petition or an
opportunity to be heard on it;

(6) "Full order of protection", an order of protection issued after a
hearing on the record where the respondent has received notice of the
proceedings and has had an opportunity to be heard;

(7) "Order of protection", either an ex parte order of protection or a
full order of protection;

(8) "Petitioner", a person authorized to file a verified petition under
the provisions of sections 455.503 and 455.505;

(9) "Respondent", the adult household member, emancipated child or person
stalking the child against whom a verified petition has been filed;

(10) "Stalking", when an adult purposely and repeatedly engages in an
unwanted course of conduct with regard to a child that causes another
adult to believe that a child would suffer alarm by the conduct. As used
in this subdivision:

(a) "Course of conduct" means a pattern of conduct composed of repeated
acts over a period of time, however short, that serves no legitimate
purpose. Such conduct may include, but is not limited to, following the
other person or unwanted communication or contact;

(b) "Repeated" means two or more incidents evidencing a continuity of
purpose; and

(c) "Alarm" means to cause fear of danger of physical harm;

(11) "Victim", a child who is alleged to have been abused by an adult
household member. (L. 1987 H.B. 598 § 2, A.L. 1995 S.B. 174, A.L. 1996
H.B. 1619, A.L. 2004 S.B. 1211)

1. A petition for an order of protection for a child shall be
filed in the county where the child resides, where the alleged incident
of abuse occurred, or where the respondent may be served.

2. Such petition may be filed by any of the following:

(1) A parent or guardian of the victim;

(2) A guardian ad litem or court-appointed special advocate appointed for
the victim; or

(3) The juvenile officer. (L. 1987 H.B. 598 § 3)

1. The clerk of the court shall make available to the petitioner
the uniform forms adopted by the supreme court pursuant to section
455.073. Except as provided in section 455.510, clerks under the
supervision of a circuit clerk shall explain to litigants not represented
by counsel the procedures for filing all forms and pleadings necessary
for the presentation of their petition filed pursuant to the provisions
of sections 455.500 to 455.538 to the court. Notice of the fact that
clerks will provide such assistance shall be conspicuously posted in the
clerks' offices. The location of the office where a petition can be filed
shall be conspicuously posted in the court building. The performance of
duties prescribed in this section shall not constitute the practice of
law as defined in section 484.010, RSMo. All duties of the clerk
prescribed in this section shall be performed without cost to the
litigants. The supreme court may promulgate rules as necessary to govern
conduct of court clerks under sections 455.500 to 455.538, and shall
provide forms for petitions and written instructions on filling out all
forms and pleadings necessary for the presentation of the petition to the
court.

2. No filing fees, court costs, or bond shall be assessed to the
petitioner in an action commenced under sections 455.500 to 455.538.

3. The clerk shall immediately notify the guardian ad litem or
court-appointed special advocate of appointment and shall provide such
guardian or advocate with a copy of the petition for the order of
protection for the child. The clerk shall provide such guardian or
advocate with the names, addresses, and telephone numbers of the parties
within twenty-four hours of entry of the order appointing the guardian ad
litem or court-appointed special advocate. (L. 1995 S.B. 174, A.L. 2002
H.B. 1814, A.L. 2003 H.B. 613)

1. An order of protection for a child who has been subject to
abuse by a present or former adult household member or person stalking
the child may be sought under sections 455.500 to 455.538 by the filing
of a verified petition alleging such abuse by the respondent.

2. A child's right to relief under sections 455.500 to 455.538 shall not
be affected by his leaving the residence or household to avoid abuse.

3. Any protection order issued pursuant to sections 455.500 to 455.538
shall be effective throughout the state in all cities and counties. (L.
1987 H.B. 598 § 4, A.L. 1995 S.B. 174)

1. When the court is unavailable after business hours or on
holidays or weekends, a verified petition for protection from abuse or a
motion for hearing on violation of any order of protection under sections
455.500 to 455.538 may be filed before any available court in the city or
county having jurisdiction to hear the petition. An ex parte order may be
granted pursuant to section 455.513.

2. All papers in connection with the filing of a petition or the granting
of an ex parte order of protection or a motion for a hearing on a
violation of an order of protection under this section shall be certified
by such court or the clerk within the next regular business day to the
circuit court having jurisdiction to hear the petition.

3. A petitioner seeking a protection order for a child shall not be
required to reveal any current address or place of residence of the child
except to the court in camera for the purpose of determining jurisdiction
and venue. The petitioner may be required to provide a mailing address
unless the petitioner alleges that the child would be endangered by such
disclosure, or that other household members would be endangered by such
disclosure. (L. 1987 H.B. 598 § 6, A.L. 1996 H.B. 1619)

Effective 5-15-96

1. Upon the filing of a verified petition under sections 455.500
to 455.538, for good cause shown in the petition, and upon finding that
no prior order regarding custody is pending or has been made, the court
may immediately issue an ex parte order of protection. An immediate and
present danger of abuse to a child shall constitute good cause for
purposes of this section. An ex parte order of protection entered by the
court shall be in effect until the time of the hearing.

2. Upon the entry of the ex parte order of protection, the court shall
enter its order appointing a guardian ad litem or court-appointed special
advocate to represent the child victim.

3. If the allegations in the petition would give rise to jurisdiction
under section 211.031, RSMo, the court may direct the division of family
services to conduct an investigation and to provide appropriate services.
The division shall submit a written investigative report to the court and
to the juvenile officer within thirty days of being ordered to do so. The
report shall be made available to the parties and the guardian ad litem
or court-appointed special advocate. (L. 1987 H.B. 598 § 7, A.L. 1989
H.B. 502, et al., A.L. 1995 S.B. 174, A.L. 1996 H.B. 1619)

Effective 5-15-96

1. Not later than fifteen days after the filing of a petition
under sections 455.500 to 455.538, a hearing shall be held unless the
court deems, for good cause shown, that a continuance should be granted.
At the hearing, which may be an open or a closed hearing at the
discretion of the court, whichever is in the best interest of the child,
if the petitioner has proved the allegation of abuse of a child by a
preponderance of the evidence, the court may issue a full order of
protection for at least one hundred eighty days and not more than one
year. The court may allow as evidence any in camera videotape made of the
testimony of the child pursuant to section 491.699, RSMo. The provisions
of section 491.075, RSMo, relating to admissibility of statements of a
child under the age of twelve shall apply to any hearing under the
provisions of sections 455.500 to 455.538. Upon motion by either party,
the guardian ad litem or the court-appointed special advocate, and after
a hearing by the court, the full order of protection may be renewed for a
period of time the court deems appropriate, except that the protective
order shall be valid for at least one hundred eighty days and not more
than one year from the expiration date of the originally issued full
order of protection. If for good cause a hearing cannot be held on the
motion to renew the full order of protection prior to the expiration date
of the originally issued full order of protection, an ex parte order of
protection may be issued until a hearing is held on the motion. Upon
motion by either party, the guardian ad litem or the court appointed
special advocate, and after a hearing by the court, the second full order
of protection may be renewed for an additional period of time the court
deems appropriate, except that the protective order shall be valid for at
least one hundred eighty days and not more than one year from the
expiration date of the second full order of protection. If for good cause
a hearing cannot be held on the motion to renew the second full order of
protection prior to the expiration date of the second order, an ex parte
order of protection may be issued until a hearing is held on the motion.
For purposes of this subsection, a finding by the court of a subsequent
act of abuse is not required for a renewal order of protection.

2. The court shall cause a copy of the petition and notice of the date
set for the hearing on such petition and any ex parte order of protection
to be personally served upon the respondent by personal process server as
provided by law or by any sheriff or police officer at least three days
prior to such hearing. Such shall be served at the earliest time, and
service of such shall take priority over service in other actions, except
those of a similar emergency nature. The court shall cause a copy of any
full order of protection to be served upon or mailed by certified mail to
the respondent at the respondent's last known address. Failure to serve
or mail a copy of the full order of protection to the respondent shall
not affect the validity or enforceability of a full order of protection.

3. A copy of any order of protection granted under sections 455.500 to
455.538 shall be issued to the petitioner and to the local law
enforcement agency in the jurisdiction where the petitioner resides. The
clerk shall also issue a copy of any order of protection to the local law
enforcement agency responsible for maintaining the Missouri uniform law
enforcement system (MULES) or any other comparable law enforcement system
the same day the order is granted. The law enforcement agency responsible
for maintaining MULES shall enter information contained in the order for
purposes of verification within twenty-four hours from the time the order
is granted. A notice of expiration or of termination of any order of
protection shall be issued to such local law enforcement agency and to
the law enforcement agency responsible for maintaining MULES or any other
comparable law enforcement system. The law enforcement agency responsible
for maintaining the applicable law enforcement system shall enter such
information in the system. The information contained in an order of
protection may be entered in the Missouri uniform law enforcement system
or comparable law enforcement system using a direct automated data
transfer from the court automated system to the law enforcement system.

4. A copy of the petition and notice of the date set for the hearing on
such petition and any order of protection granted pursuant to sections
455.500 to 455.538 shall be issued to the juvenile office in the
jurisdiction where the petitioner resides. A notice of expiration or of
termination of any order of protection shall be issued to such juvenile
office. (L. 1987 H.B. 598 § 8, A.L. 1989 S.B. 420, A.L. 1995 S.B. 174,
A.L. 2003 H.B. 613, A.L. 2005 S.B. 420 & 344)

1. Any ex parte order of protection granted under sections
455.500 to 455.538 shall be to protect the victim from abuse and may
include:

(1) Restraining the respondent from abusing, threatening to abuse,
molesting or disturbing the peace of the victim;

(2) Restraining the respondent from entering the family home of the
victim except as specifically authorized by the court;

(3) Restraining the respondent from having any contact with the victim,
except as specifically authorized by the court;

(4) A temporary order of custody of minor children.

2. No ex parte order of protection excluding the respondent from the
family home shall be issued unless the court finds that:

(1) The order is in the best interests of the child or children remaining
in the home;

(2) The verified allegations of abuse present a substantial risk to the
child or children unless the respondent is excluded;

(3) A remaining adult family or household member is able to care
adequately for the child or children in the absence of the excluded
party; and

(4) A commitment has been obtained from the local division of family
services office to provide appropriate social services to the family or
household members during the period of time which an order of protection
is in effect. (L. 1987 H.B. 598 § 9)

1. Any full order of protection granted under sections 455.500
to 455.538 shall be to protect the victim from abuse and may include:

(1) Temporarily enjoining the respondent from abusing, threatening to
abuse, molesting or disturbing the peace of the victim;

(2) Temporarily enjoining the respondent from entering the family home of
the victim, except as specifically authorized by the court;

(3) Temporarily enjoining the respondent from having any contact with the
victim, except as specifically authorized by the court.

2. When the court has, after hearing for any full order of protection,
issued an order of protection, it may, in addition:

(1) Award custody of any minor child born to or adopted by the parties
when the court has jurisdiction over such child and no prior order
regarding custody is pending or has been made, and the best interests of
the child require such order be issued;

(2) Award visitation;

(3) Award child support in accordance with supreme court rule 88.01 and
chapter 452, RSMo;

(4) Award maintenance to petitioner when petitioner and respondent are
lawfully married in accordance with chapter 452, RSMo;

(5) Order respondent to make or to continue to make rent or mortgage
payments on a residence occupied by the victim if the respondent is found
to have a duty to support the victim or other dependent household members;

(6) Order the respondent to participate in a court-approved counseling
program designed to help child abusers stop violent behavior or to treat
substance abuse;

(7) Order the respondent to pay, to the extent that he or she is able,
the costs of his or her treatment, together with the treatment costs
incurred by the victim;

(8) Order the respondent to pay a reasonable fee for housing and other
services that have been provided or that are being provided to the victim
by a shelter for victims of domestic violence. (L. 1987 H.B. 598 § 10,
A.L. 1995 S.B. 174)

1. The court shall retain jurisdiction over the full order of
protection issued under sections 455.500 to 455.538 for its entire
duration. The court may schedule compliance review hearings to monitor
the respondent's compliance with the order.

2. The terms of the child order of protection issued under this chapter
are enforceable by all remedies available at law for the enforcement of a
judgment, and the court may punish a respondent who willfully violates
the child order of protection to the same extent as provided by law for
contempt of the court in any suit or proceeding cognizable by the court.
(L. 2005 S.B. 420 & 344)

The court may order the person obligated to pay support or
maintenance to make an assignment of a part of his periodic earnings or
other income to the person entitled to receive the payments in accordance
with chapter 452, RSMo. (L. 1987 H.B. 598 § 11, A.L. 1995 S.B. 174)

1. After notice to the parties and the guardian ad litem or
court-appointed special advocate and hearing, the court may modify an
order of protection of a child at any time, upon subsequent motion filed
by either party, the guardian ad litem, or the court-appointed special
advocate together with an affidavit showing a change in circumstances
sufficient to warrant the modification. All full orders of protection of
a child shall be final orders and appealable and shall be for a fixed
period of time not to exceed one hundred eighty days except as otherwise
provided herein.

2. Any order for child support, custody, temporary custody, visitation or
maintenance entered under sections 455.500 to 455.538 shall terminate
prior to the time fixed in the order upon the issuance of a subsequent
order pursuant to chapter 452, RSMo, or any other Missouri statute.

3. No order entered pursuant to sections 455.500 to 455.538 shall be res
judicata to any subsequent proceeding, including, but not limited to, any
action brought under chapter 452, RSMo. (L. 1987 H.B. 598 § 12, A.L. 1995
S.B. 174)

1. Provisions of any order respecting maintenance or support may
be modified only as to installments occurring subsequent to the motion
for modification and only upon a showing of changed circumstances so
substantial and continuing as to make the terms unreasonable.

2. Provisions of any order respecting custody may be modified only if the
court finds, upon the basis of facts that have arisen since the prior
order or that were unknown to the court at the time of the prior order,
that a change has occurred in the circumstances of the child or his
custodian and that the modification is necessary to serve the best
interests of the child.

3. Provisions of any order respecting visitation may be modified when the
modification would serve the best interests of the child. (L. 1987 H.B.
598 § 13)

All proceedings under sections 455.500 to 455.538 are
independent of any proceedings for dissolution of marriage, legal
separation, separate maintenance and other actions between the parties
and are in addition to any other available civil or criminal remedies,
unless otherwise specifically provided in sections 455.500 to 455.538.
(L. 1987 H.B. 598 § 14)

The court may order a respondent to pay a reasonable amount for
the cost to the petitioner of maintaining any proceeding under sections
455.500 to 455.538 and for attorney's fees, including sums for legal
services rendered and costs incurred prior to the commencement of the
proceeding or after entry of judgment. (L. 1987 H.B. 598 § 15)

1. When a law enforcement officer has probable cause to believe
that a party, against whom a protective order for a child has been
entered, has committed an act of abuse in violation of that order, he
shall have the authority to arrest the respondent whether or not the
violation occurred in the presence of the arresting officer.

2. When a person, against whom an order of protection for a child has
been entered, fails to surrender custody of minor children to the person
to whom custody was awarded in an order of protection, the law
enforcement officer shall arrest the respondent, and shall turn the minor
children over to the care and custody of the party to whom such care and
custody was awarded.

3. The same procedures, including those designed to protect
constitutional rights, shall be applied to the respondent as those
applied to any individual detained in police custody.

4. (1) Violation of the terms and conditions of an ex parte order of
protection with regard to abuse, child custody, or entrance upon the
premises of the victim's dwelling unit, of which the respondent has
notice, shall be a class A misdemeanor. Violation of the terms and
conditions of a full order of protection for a child regarding abuse,
child custody, or entrance upon the premises of the petitioner's dwelling
unit, shall be a class A misdemeanor.

(2) For purposes of this subsection, in addition to the notice provided
by actual service of the order, a party is deemed to have notice of an
order of protection for a child if the law enforcement officer responding
to a call of a reported incident of abuse or violation of an order of
protection for a child presents a copy of the order of protection to the
respondent.

5. The fact that an act by a respondent is a violation of a valid order
of protection for a child shall not preclude prosecution of the
respondent for other crimes arising out of the incident in which the
protection order is alleged to have been violated. (L. 1987 H.B. 598 § 16)

As used in sections 455.540 to 455.547, the following terms
shall mean:

(1) "Adult", any person eighteen years of age or older;

(2) "Domestic violence", as provided in section 455.200. (L. 1998 H.B.
1918, A.L. 2000 H.B. 1677, et al.)

1. In any incident investigated by a law enforcement agency
involving a homicide or suicide, the law enforcement agency shall make a
determination as to whether the homicide or suicide is related to
domestic violence, as defined in section 455.200.

2. In making such determination, the local law enforcement agency may
consider a number of factors including, but not limited to, the following:

(1) If the relationship between the perpetrator and the victim is or was
that of a family or household member, as defined in section 455.010;

(2) Whether the victim or perpetrator had previously filed for an order
of protection ;

(3) Whether any of the subjects involved in the incident had previously
been investigated for incidents of domestic violence; and

(4) Any other evidence regarding the homicide or suicide that assists the
agency in making its determination.

3. After making a determination as to whether the homicide or suicide is
related to domestic violence, the law enforcement agency shall forward
the information required within fifteen days to the Missouri state
highway patrol on a form or format approved by the patrol. The required
information shall include the gender and age of the victim, the type of
incident investigated, the disposition of the incident and the
relationship of the victim to the perpetrator. The state highway patrol
shall develop a form for this purpose which shall be distributed by the
department of public safety to all law enforcement agencies by October 1,
2000. Completed forms shall be forwarded to the highway patrol without
undue delay as required by section 43.500, RSMo; except that all such
reports shall be forwarded no later than seven days after an incident is
determined or identified as a homicide or suicide involving domestic
violence. (L. 1998 H.B. 1918, A.L. 2000 H.B. 1677, et al.)

The highway patrol shall compile an annual report of homicides
and suicides related to domestic violence. Such report shall be presented
by February first of the subsequent year to the governor, speaker of the
house of representatives, and president pro tempore of the senate. (L.
1998 H.B. 1918, A.L. 2000 H.B. 1677, et al.)

Any employee of a law enforcement agency who, in good faith,
completes and sends a form pursuant to section 455.543 shall be immune
from liability. (L. 1998 H.B. 1918)

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