Health Feature Articles
RELIEF AVAILABLE WITH PROTECTION ORDERS
Source: The Missouri Coalition Against Domestic Violence
The Missouri Adult Abuse Act allows a victim of abuse to
petition the court for the following types of relief
through an Order of Protection. However, these orders
are not always granted by the court.
EX PARTE ORDER OF PROTECTION
(SECTION 455.045, RSMo)
Temporarily restrains the respondent from
abusing, threatening to abuse, molesting, stalking or
disturbing the peace of the petitioner.
Temporarily restrains 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 the petitioner
individually; or c) jointly owned, leased or rented by
the petitioner and a person other than the respondent;
provided, however, no spouse shall be denied relief
under 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.
Temporarily restrains the respondent from
communicating with the petitioner in any manner or
through any medium.
Awards temporary custody of minor children
where appropriate. Custody cannot be awarded if a
dissolution of marriage action is pending and a
temporary custody order has been made, or a dissolution
decree has been entered.
FULL ORDER OF PROTECTION
(SECTIONS 455.050 AND 455.075, RSMo)
Prohibits the respondent from abusing,
threatening to abuse, molesting, stalking or disturbing
the peace of the petitioner.
Prohibits 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 the petitioner individually; or c)
jointly owned, leased rented or occupied by the
petitioner and a person other than the respondent;
provided, however, no spouse shall be denied relief
under 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.
Prohibits the respondent from communicating
with the petitioner in any manner or through any medium.
Awards custody of minor children 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 interest of the
child required such order be issued. There is a
presumption that the best interest of the child is
served by placing him or her in the custody of the
non-abusive parent. Custody cannot be awarded if a
dissolution of marriage action is pending or a decree
has been entered, however, an appellate court decision
distinguished between circumstances when the divorce
simply has been filed and no custody order has been
issued.
Establishes a visitation schedule for the
non-custodial parent that is in the best interest of the
child. The court can deny visitation if it finds that
visitation would endanger the child's physical health,
impair his or her emotional development or would
otherwise conflict with the best interests of the child,
or that no visitation can be arranged that would
sufficiently protect the custodial parent from future
abuse. Supervised visitation might be ordered to protect
the child.
Awards child support.
Awards income maintenance to the petitioner
when the petitioner and the respondent are lawfully
married.
Orders the 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.
Orders 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 request
alternative housing.
Orders the petitioner be given temporary
possession of specified personal property, such as
automobiles, checkbooks, keys and other personal
effects.
Prohibits the respondent from transferring,
encumbering, or otherwise disposing of specified
property mutually owned or leased by the parties.
Orders 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.
Orders 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
domestic violence shelter.
Orders the respondent to pay court costs.
Orders one of the parties to pay the other's
attorney's fees.
Orders 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.
 |
Site Administrator: |
|
|
|
Last Updated 04/25/2008
