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MISSOURI ADULT ABUSE ACT AT A GLANCE

Source: The Missouri Coalition Against Domestic Violence


Who Can Obtain Relief?


ADULT ORDERS
(455.010) Any Adult, defined as a person 18 years of age or older or otherwise emancipated. This person is called the petitioner.
 

CHILD ORDERS
(455.503) Any parent, guardian, guardian ad litem, court-appointed special advocate, or juvenile officer on behalf of a child (any person under 18 years of age). This person is called the petitioner.


Whom Can They Obtain Relief Against?


ADULT ORDERS
(455.010) A family or household member, who is defined as a spouse, a former spouse, adults related by blood or marriage, adults presently residing together, adults who 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, or adults who have a child together, regardless of whether they have been married or ever have resided together. This person is called the respondent.
 

CHILD ORDERS
(455.501) A former or present family or household member, who is defined as an adult living in the same household or previously living in the same household. This person is called the respondent.


What Acts By The Abuser Form The Basis For Relief?


ADULT ORDERS
(455.010) Abuse, which includes, but is not limited to, the occurrence of any of the following acts, attempts, or threats against a person who may be protected under the Adult Abuse Act: assault, battery, coercion, harassment, sexual assault or unlawful imprisonment. Stalking also is covered by the Adult Abuse Act.
 

CHILD ORDERS
(455.501) Abuse, which involves 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.
 

What Relief is Available?


ADULT ORDERS
(455.045) Ex Parte Order of Protection.
(455.050) Full Order of Protection.
 

CHILD ORDERS
(455.520) Ex Parte Child Order of Protection.
(455.523) Full Child Order of Protection.
 

What Is The Procedure For Obtaining Relief?


ADULT ORDERS
(455.015 - 455.032) Petitioning the court for Order of Protection. (455.035) Obtaining Ex Parte Order of Protection if there is an immediate and present danger. An Ex Parte Order of Protection is not always granted, but the court always should set a hearing date. (455.040) Hearing on Full Order of Protection within 15 days after petition is filed.
 

CHILD ORDERS
(455.503 - 455.510) Petitioning the court for Child Order of Protection. (455.513) Obtaining Ex Parte Child Order of Protection if there is an immediate and present danger. An Ex Parte Order of Protection is not always granted, but the court always should set a hearing date. (455.516) Hearing on Full Child Order of Protection within 15 days after petition is filed.
 

How Long Can An Order Last, And Is It Renewable?


ADULT ORDERS
(455.040) An Order of Protection lasts for a minimum of 180 days and a maximum of one year. It can be renewed twice; each renewal can last up to one year. No new incident of violence is required if the order is renewed before the old one expires.
 

CHILD ORDERS
(455.16) A Child Order of Protection can last for a maximum of 180 days. The order can be renewed twice; each renewal can last up to 180 days. The parent, guardian, guardian ad litem, or court-appointed special advocate can petition the court to renew the order. No new incident of violence is required if the order is renewed before the old one expires.
 

What Happens If Another Court Makes A Custody Order?


ADULT ORDERS
(455.060) The portion of the Order of Protection relating to custody, visitation and support is no longer valid, but the prohibitions regarding abuse remain in effect.
 

CHILD ORDERS
(455.528) The portion of the Order of Protection relating to custody, visitation and support is no longer valid, but the prohibitions regarding abuse remain in effect.
 

Can An Order Be Modified?


ADULT ORDERS
(455.60 & 455.065) Yes. Upon the filing of a motion and a showing of changed circumstances.
 

CHILD ORDERS
(455.28 & 455.530) Yes. Upon the filing of a motion and a showing of changed circumstances.
 

Are Protection Orders From Other States Enforceable In Missouri?


ADULT ORDERS
(455.067) Yes. The Adult Abuse Act provides that orders from other states must be given "full faith and credit" in Missouri. A procedure for registering foreign orders is contained in the statute. However, registration does not have to occur for such orders to be enforced.
 

CHILD ORDERS
Uncertain. No statutory or legal precedent at this time. Child orders might be covered by the federal Violence Against Women Act. Consult an attorney.
 

What Happens If An Order Is Violated?


ADULT ORDERS
(455.085) The violator can be arrested and prosecuted for a crime. Arrestable violations of the terms and conditions of a protection order include abuse, stalking, disregard of child custody provisions, communication initiated by the respondent, or entrance upon the premises of the petitioner's dwelling unit. 

 

A contempt of court action can be brought in the issuing court and the violator can be held in contempt of court. This sometimes results in a fine and can include jail time.
 

If the violation involves the failure to surrender custody of a minor child to the person to whom custody is awarded, the violator must be arrested and the child turned over to the custodial parent.
 

CHILD ORDERS
(455.538) The violator can be arrested and prosecuted for a crime.
 

A contempt of court action can be brought in the issuing court and the violator can be held in contempt of court. This sometimes results in a fine and can include jail time.
 

If the violation involves failure to surrender custody of a minor child to the person to whom custody is awarded, the violator must be arrested and the child turned over to the custodial parent.
 

 

 


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Last Updated 05/05/2009