Temporary relief available
A judge can quickly give a victim a short-term court order to keep them safe from domestic violence, stalking, or sexual assault — without the other person (the respondent) being there first. This order can stop the respondent from coming near the home, contacting the victim, or taking the kids or pets. If the order kicks the respondent out of the home and kids are involved, the judge must first find that it is best for the kids, that staying would put them at serious risk, and that another adult in the home can properly care for them.
455.520. Temporary available — s. — 1. Any granted under sections 455.500 to 455.538 shall be to protect the victim from , including danger to the child's pet, , or and may include such terms as the court reasonably deems necessary to ensure the victim's safety, including but not limited to:
(1) Restraining the from committing or threatening to commit domestic violence, stalking, sexual assault, molesting, or disturbing the peace of the victim;
(2) Restraining the respondent from entering the family home of the victim except as specifically by the court;
(3) Restraining the respondent from communicating with the victim in any manner or through any medium, except as specifically authorized by the court;
(4) A of of ;
(5) A temporary order of possession of pets where .
2. No ex parte order of protection excluding the respondent from the family home shall be issued unless the court finds that:
(1) The is in the or children remaining in the home;
(2) The of domestic violence present a substantial risk to the child or children unless the respondent is excluded; and
(3) A remaining adult family or household member is able to care adequately for the child or children in the absence of the excluded .
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Source & history notes
(L. 1987 H.B. 598 § 9, 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. 2021 S.B. 53 & 60 merged with S.B. 71)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.