Missouri Laws 455.520 – Temporary relief available — ex parte orders
1. Any ex parte order of protection granted under sections 455.500 to 455.538 shall be to protect the victim from domestic violence, including danger to the child‘s pet, stalking, or sexual assault 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 respondent from committing or threatening to commit domestic violence, stalking, sexual assault, molesting, or disturbing the peace of the victim;
Terms Used In Missouri Laws 455.520
- Adult: any person seventeen years of age or older or otherwise emancipated. See Missouri Laws 455.010
- Assault: purposely or knowingly placing or attempting to place another in fear of physical harm. See Missouri Laws 455.010
- Child: any person under seventeen years of age unless otherwise emancipated. See Missouri Laws 455.010
- Court: the circuit or associate circuit judge or a family court commissioner. See Missouri Laws 455.010
- Domestic violence: abuse or stalking committed by a family or household member, as such terms are defined in this section. See Missouri Laws 455.010
- Ex parte order of protection: an order of protection issued by the court before the respondent has received notice of the petition or an opportunity to be heard on it. See Missouri Laws 455.010
- household member: spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time. See Missouri Laws 455.010
- Order of protection: either an ex parte order of protection or a full order of protection. See Missouri Laws 455.010
- Pet: a living creature maintained by a household member for companionship and not for commercial purposes. See Missouri Laws 455.010
- Respondent: the family or household member alleged to have committed an act of domestic violence, or person alleged to have committed an act of stalking or sexual assault, against whom a verified petition has been filed or a person served on behalf of a child pursuant to section 455. See Missouri Laws 455.010
- Sexual assault: causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person's consent. See Missouri Laws 455.010
- Stalking: is when any person purposely engages in an unwanted course of conduct that causes alarm to another person, or a person who resides together in the same household with the person seeking the order of protection when it is reasonable in that person's situation to have been alarmed by the conduct. See Missouri Laws 455.010
(2) Restraining the respondent from entering the family home of the victim except as specifically authorized 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 temporary order of custody of minor children;
(5) A temporary order of possession of pets where appropriate.
2. No ex parte order of protection excluding the respondent from the family home shall be issued unless the court finds that:
(1) The order is in the best interests of the child or children remaining in the home;
(2) The verified allegations 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 party.