Missouri Revised Statutes
Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders
Section 455.060 - Modification of orders, when — termination, when — appeal — custody of children, may not be changed, when.

Effective - 28 Aug 2013, 2 histories
455.060. Modification of orders, when — termination, when — appeal — custody of children, may not be changed, when. — 1. After notice and hearing, the court may modify an order of protection at any time, upon subsequent motion filed by the guardian ad litem, the court-appointed special advocate or by either party together with an affidavit showing a change in circumstances sufficient to warrant the modification. All full orders of protection shall be final orders and appealable and shall be for a fixed period of time as provided in section 455.040.
2. Any order for child support, custody, temporary custody, visitation or maintenance entered under sections 455.010 to 455.085 shall terminate prior to the time fixed in the order upon the issuance of a subsequent order pursuant to chapter 452 or any other Missouri statute.
3. No order entered pursuant to sections 455.010 to 455.085 shall be res judicata to any subsequent proceeding, including, but not limited to, any action brought under chapter 452.
4. All provisions of an order of protection shall terminate upon entry of a decree of dissolution of marriage or legal separation except as to those provisions which require the respondent to participate in a court-approved counseling program or enjoin the respondent from committing an act of domestic violence against the petitioner and which enjoin the respondent from entering the premises of the dwelling unit of the petitioner as described in the order of protection when the petitioner continues to reside 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 dissolution of marriage has been filed or the custody has previously been awarded by a court of competent jurisdiction.
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(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)

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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.