Health Feature Articles
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 04/25/2008
