455.040. Hearings, when--duration of orders, renewal, requirements--copies of orders to be given, validity--duties of law enforcement agency--information may be entered in MULES. - Missouri Statutes

Hearings, when--duration of orders, renewal, requirements--copiesof orders to be given, validity--duties of law enforcementagency--information may be entered in MULES.

455.040. 1. Not later than fifteen days after the filing of apetition pursuant to sections 455.010 to 455.085 a hearing shall be heldunless the court deems, for good cause shown, that a continuance should begranted. At the hearing, if the petitioner has proved the allegation ofabuse or stalking by a preponderance of the evidence, the court shall issuea full order of protection for a period of time the court deemsappropriate, except that the protective order shall be valid for at leastone hundred eighty days and not more than one year. Upon motion by thepetitioner, and after a hearing by the court, the full order of protectionmay be renewed for a period of time the court deems appropriate, exceptthat the protective order shall be valid for at least one hundred eightydays and not more than one year from the expiration date of the originallyissued full order of protection. If for good cause a hearing cannot beheld on the motion to renew the full order of protection prior to theexpiration date of the originally issued full order of protection, an exparte order of protection may be issued until a hearing is held on themotion. Upon motion by the petitioner, and after a hearing by the court,the second full order of protection may be renewed for an additional periodof time the court deems appropriate, except that the protective order shallbe valid for at least one hundred eighty days and not more than one year.For purposes of this subsection, a finding by the court of a subsequent actof abuse is not required for a renewal order of protection.

2. The court shall cause a copy of the petition and notice of thedate set for the hearing on such petition and any ex parte order ofprotection to be served upon the respondent as provided by law or by anysheriff or police officer at least three days prior to such hearing. Suchnotice shall be served at the earliest time, and service of such noticeshall take priority over service in other actions, except those of asimilar emergency nature. The court shall cause a copy of any full orderof protection to be served upon or mailed by certified mail to therespondent at the respondent's last known address. Failure to serve ormail a copy of the full order of protection to the respondent shall notaffect the validity or enforceability of a full order of protection.

3. A copy of any order of protection granted pursuant to sections455.010 to 455.085 shall be issued to the petitioner and to the local lawenforcement agency in the jurisdiction where the petitioner resides. Theclerk shall also issue a copy of any order of protection to the local lawenforcement agency responsible for maintaining the Missouri uniform lawenforcement system or any other comparable law enforcement system the sameday the order is granted. The law enforcement agency responsible formaintaining MULES shall enter information contained in the order forpurposes of verification within twenty-four hours from the time the orderis granted. A notice of expiration or of termination of any order ofprotection shall be issued to the local law enforcement agency and to thelaw enforcement agency responsible for maintaining MULES or any othercomparable law enforcement system. The law enforcement agency responsiblefor maintaining the applicable law enforcement system shall enter suchinformation in the system. The information contained in an order ofprotection may be entered in the Missouri uniform law enforcement system orcomparable law enforcement system using a direct automated data transferfrom the court automated system to the law enforcement system.

(L. 1980 S.B. 524 § 7, A.L. 1989 S.B. 420, A.L. 1993 H.B. 476 & 194, A.L. 1995 H.B. 232 & 485, A.L. 1996 S.B. 869, A.L. 1999 S.B. 1, et al., A.L. 2001 S.B. 267)

(1989) Proceeding, in which no witnesses were sworn nor other evidence was offered, did not constitute a statutorily required "hearing". (Mo.App.) Ehrhart v. Ehrhart, 776 S.W.2d 450.

(2002) Section permits only three full orders of protection, regardless of whether those orders fully expend the maximum time allowed. Cook v. Cook, 97 S.W.3d 482 (Mo.App.W.D.).