Protection orders
A court can quickly issue a short-term protection order without the other person present if there is good cause, like immediate danger of domestic violence. This order starts right away and stays in effect until the other person is served and a hearing is held. If the other person is under 17 years old, the case gets moved to juvenile court for a full hearing.
455.035. Protection s — . — 1. Upon the of a sections 455.010 to 455.085 and for in the , the court may immediately an . An immediate and present danger of to the or the child on whose behalf the petition is filed shall constitute 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 and a is held on the . The court shall deny the and dismiss the petition if the petitioner is not to seek pursuant to section 455.020.
2. Failure to serve an ex parte order of protection on the shall not affect the or of such order. If the respondent is less than seventeen years of age, unless otherwise , service of process shall be made upon a or of the respondent, or upon a appointed by the court, requiring that the person appear and bring the respondent before the court at the time and place stated.
3. If an ex parte order is entered and the respondent is less than seventeen years of age, the court shall the case to for a hearing on a . The court shall appoint a guardian ad litem for any such respondent not represented by a parent or guardian.
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Source & history notes
(L. 1980 S.B. 524 § 6, A.L. 1996 H.B. 1619, A.L. 1999 S.B. 1, et al., A.L. 2011 S.B. 320, A.L. 2013 H.B. 215)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.