Ex parte orders, issued immediately, when
A court can right away issue a temporary protection order for a child without the other person present if there is good cause, and if no custody order already exists or if the person accused is under 17. When this happens, the court picks a special person to represent the child. If the case involves a child who may need the state's help, the children's division may be ordered to investigate and must give a written report to the court within 30 days. If the accused person is under 17, the case gets moved to juvenile court.
455.513. s, d immediately, when — for , defined — investigation by , when — report due when, available to whom — to , when. — 1. The court may immediately issue an upon the of a under sections 455.500 to 455.538, for good cause shown in the , and upon finding that:
(1) No prior regarding involving the and the child is pending or has been made; or
(2) The respondent is less than seventeen years of age.
2. Upon the entry of the ex parte order of protection, the court shall enter its order appointing a or to represent the child victim.
3. If the allegations in the petition would give rise to under section 211.031, the court may direct the children's division to conduct an investigation and to provide s. The shall submit a written to the court and to the within thirty days of being ordered to do so. The report shall be made available to the parties and the guardian ad litem or court-appointed special advocate.
4. If the allegations in the petition would give rise to jurisdiction under section 211.031 because the respondent is less than seventeen years of age, the court may issue an ex parte order and shall transfer the case to juvenile court for a on a . shall be made section 455.035.
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Source & history notes
(L. 1987 H.B. 598 § 7, A.L. 1989 H.B. 502, et al., A.L. 1995 S.B. 174, A.L. 1996 H.B. 1619, A.L. 2011 S.B. 320, A.L. 2013 H.B. 215, A.L. 2015 S.B. 321 merged with S.B. 341, A.L. 2018 S.B. 871, A.L. 2021 S.B. 53 & 60 merged with S.B. 71)
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