Modification of orders, when
A court can change a protection order if someone files paperwork showing things have changed. Protection orders end when a divorce or legal separation is finalized, though some parts — like keeping the abuser away from the home — can stay in place. A protection order cannot change who has custody of children if a divorce case is already filed or a court already decided custody.
455.060. of s, when — , when — — of children, may not be changed, when. — 1. After notice and , the court may an at any time, upon subsequent filed by the , the or by either together with an showing a change in circumstances sufficient to the modification. All full orders of protection shall be orders and appealable and shall be for a period of time as provided in section 455.040.
2. Any order for child support, custody, temporary custody, or entered under sections 455.010 to 455.085 shall terminate prior to the time fixed in the order upon the of a subsequent order chapter 452 or any other Missouri statute.
3. No order entered pursuant to sections 455.010 to 455.085 shall be to any subsequent , including, but not limited to, any brought under chapter 452.
4. All of an order of protection shall terminate upon entry of a or except as to those provisions which require the to participate in a court-approved counseling program or the respondent from committing an act of against the and which enjoin the respondent from entering the of the of the petitioner as described in the order of protection when the petitioner continues to ide 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 order of the court granting a motion to terminate the order of protection by the petitioner. Prior to terminating any order of protection, the court may inquire of the petitioner or others in order to determine whether the dismissal is voluntary.
6. The order of protection may not change the custody of children when an action for has been filed or the custody has previously been awarded by a .
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Source & history notes
(L. 1980 S.B. 524 § 11, A.L. 1989 S.B. 420, A.L. 1995 S.B. 174, A.L. 2002 H.B. 1814, 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.