Missouri Revised Statutes
Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders
Section 455.035 - Protection orders — ex parte.

Effective - 28 Aug 2013, 2 histories
455.035. Protection orders — ex parte. — 1. Upon the filing of a verified petition pursuant to sections 455.010 to 455.085 and for good cause shown in the petition, the court may immediately issue an ex parte order of protection. An immediate and present danger of domestic violence to the petitioner or the child on whose behalf the petition is filed shall constitute good cause 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 service of process and a hearing is held on the motion. The court shall deny the ex parte order and dismiss the petition if the petitioner is not authorized to seek relief pursuant to section 455.020.
2. Failure to serve an ex parte order of protection on the respondent shall not affect the validity or enforceability of such order. If the respondent is less than seventeen years of age, unless otherwise emancipated, service of process shall be made upon a custodial parent or guardian of the respondent, or upon a guardian ad litem 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 transfer the case to juvenile court for a hearing on a full order of protection. The court shall appoint a guardian ad litem for any such respondent not represented by a parent or guardian.
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(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)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXX - Domestic Relations

Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders

Section 455.003 - Rape crisis centers, confidentiality of information — employee competency to testify — rape crisis center defined.

Section 455.004 - Juvenile court records, confidentiality, when.

Section 455.005 - Social Security number of respondent included in full orders of protection.

Section 455.007 - Mootness doctrine, public interest exception to apply upon expiration of the order.

Section 455.010 - Definitions.

Section 455.015 - Venue.

Section 455.020 - Relief may be sought — order of protection effective, where.

Section 455.025 - Duties of circuit clerks — rules, forms, instructions.

Section 455.027 - No filing fee, court cost, or bond shall be required.

Section 455.030 - Filings — certain information not required from petitioner, exception — supreme court shall provide for filing of petitions on holidays, evenings and weekends.

Section 455.032 - Protection order, restraining respondent from abuse if petitioner is permanently or temporarily in state — evidence admissible of prior abuse in or out of state.

Section 455.035 - Protection orders — ex parte.

Section 455.038 - Ex parte orders, notification — circuit clerks to provide information on.

Section 455.040 - Hearings, when — duration of orders, renewal, requirements — copies of orders to be given, validity — duties of law enforcement agency — information entered in MULES — objection, personally served.

Section 455.045 - Temporary relief available — ex parte orders.

Section 455.050 - Full or ex parte order of protection, abuse, stalking, or sexual assault, contents — relief available — court may order transfer billing responsibility of wireless telephone, when, procedure.

Section 455.055 - Assignment of wages.

Section 455.060 - Modification of orders, when — termination, when — appeal — custody of children, may not be changed, when.

Section 455.065 - Subsequent modification of orders.

Section 455.067 - Foreign order of protection to be given full faith and credit — registration of order, content, procedure.

Section 455.070 - Proceedings independent of others.

Section 455.073 - Supreme court to develop and adopt uniform forms for petitions and orders of protection, content — forms to be provided to each circuit clerk.

Section 455.075 - Attorney's fees, cost.

Section 455.080 - Law enforcement agencies response to alleged incidents of domestic violence, stalking, or sexual assault — factors indicating need for immediate response — establishment of crisis team — transportation of abused party to medical tre...

Section 455.083 - Law enforcement officer may rely on copy of protection order.

Section 455.085 - Arrest for violation of order — penalties — good faith immunity for law enforcement officials.

Section 455.090 - Jurisdiction, duration — enforceability of orders.

Section 455.095 - Electronic monitoring, when — requirements — expiration date.

Section 455.200 - Definitions.

Section 455.210 - Administration by designated authority, how established — powers — expense, limitation.

Section 455.215 - Applications for shelter funding, contents, when filed — payments from fund made when.

Section 455.220 - Requirements for shelter to qualify for funds.

Section 455.225 - Shelter request exceeding funds, allocation priorities.

Section 455.230 - Annual reports by shelters, contents — confidentiality — child assessment center established by department.

Section 455.300 - Missouri domestic violence commission established — members, meetings, rules.

Section 455.305 - Domestic violence intervention/rehabilitation pilot projects — purpose, funding, rules.

Section 455.500 - Citation of law.

Section 455.503 - Venue — petition, who may file.

Section 455.504 - Court clerks to furnish petitioners with uniform forms and information to litigants having no counsel on procedure, filing forms and pleadings — services of clerks and location of office to file petition to be posted — rules — no fe...

Section 455.505 - Relief may be sought for child for domestic violence, stalking, or sexual assault — order of protection effective, where.

Section 455.510 - Filings — information required from petitioner.

Section 455.513 - Ex parte orders, issued immediately, when — for good cause shown, defined — investigation by children's division, when — report due when, available to whom — transfer to juvenile court, when.

Section 455.516 - Hearings, when, procedure, standard of proof — duration of orders — videotaped testimony permitted — renewal of orders, when — service of respondent, failure to serve not to affect validity of order — notice to law enforcement agenc...

Section 455.520 - Temporary relief available — ex parte orders.

Section 455.523 - Full order of protection — relief available.

Section 455.524 - Jurisdiction for orders — compliance review hearings permitted — remedies for enforcement of orders.

Section 455.526 - Assignment of wages.

Section 455.528 - Modification of orders, who may file, when — termination — order not res judicata, when.

Section 455.530 - Grounds for modification of orders.

Section 455.534 - Proceedings independent of others.

Section 455.536 - Costs of legal fees.

Section 455.538 - Law enforcement agencies response to violation of order — arrest for violation, penalties — custody to be returned to rightful party, when.

Section 455.543 - Homicides or suicides, determination of domestic violence, factors to be considered — reports made to highway patrol, forms.

Section 455.545 - Annual report by highway patrol.

Section 455.547 - Good faith immunity for reporters.

Section 455.549 - Court-appointed batterer intervention, credentialing process, rulemaking authority.

Section 455.560 - Domestic violence fatality review panels, members — report.