455.050. Full or ex parte order of protection, abuse or stalking, contents--relief available. - Missouri Statutes

Full or ex parte order of protection, abuse or stalking,contents--relief available.

455.050. 1. Any full or ex parte order of protection grantedpursuant to sections 455.010 to 455.085 shall be to protect the petitionerfrom abuse or stalking and may include:

(1) Temporarily enjoining the respondent from abusing, threatening toabuse, molesting, stalking or disturbing the peace of the petitioner;

(2) Temporarily enjoining the respondent from entering the premisesof the dwelling unit of the petitioner when the dwelling unit is:

(a) Jointly owned, leased or rented or jointly occupied by bothparties; or

(b) Owned, leased, rented or occupied by petitioner individually; or

(c) Jointly owned, leased, rented or occupied by petitioner and aperson other than respondent; provided, however, no spouse shall be deniedrelief pursuant to this section by reason of the absence of a propertyinterest in the dwelling unit; or

(d) Jointly occupied by the petitioner and a person other thanrespondent; provided that the respondent has no property interest in thedwelling unit; or

(3) Temporarily enjoining the respondent from communicating with thepetitioner in any manner or through any medium.

2. Mutual orders of protection are prohibited unless both partieshave properly filed written petitions and proper service has been made inaccordance with sections 455.010 to 455.085.

3. When the court has, after a hearing for any full order ofprotection, issued an order of protection, it may, in addition:

(1) Award custody of any minor child born to or adopted by theparties when the court has jurisdiction over such child and no prior orderregarding custody is pending or has been made, and the best interests ofthe child require such order be issued;

(2) Establish a visitation schedule that is in the best interests ofthe child;

(3) Award child support in accordance with supreme court rule 88.01and chapter 452, RSMo;

(4) Award maintenance to petitioner when petitioner and respondentare lawfully married in accordance with chapter 452, RSMo;

(5) Order respondent to make or to continue to make rent or mortgagepayments on a residence occupied by the petitioner if the respondent isfound to have a duty to support the petitioner or other dependent householdmembers;

(6) Order the respondent to pay the petitioner's rent at a residenceother than the one previously shared by the parties if the respondent isfound to have a duty to support the petitioner and the petitioner requestsalternative housing;

(7) Order that the petitioner be given temporary possession ofspecified personal property, such as automobiles, checkbooks, keys, andother personal effects;

(8) Prohibit the respondent from transferring, encumbering, orotherwise disposing of specified property mutually owned or leased by theparties;

(9) Order the respondent to participate in a court-approvedcounseling program designed to help batterers stop violent behavior or toparticipate in a substance abuse treatment program;

(10) Order the respondent to pay a reasonable fee for housing andother services that have been provided or that are being provided to thepetitioner by a shelter for victims of domestic violence;

(11) Order the respondent to pay court costs;

(12) Order the respondent to pay the cost of medical treatment andservices that have been provided or that are being provided to thepetitioner as a result of injuries sustained to the petitioner by an act ofdomestic violence committed by the respondent.

4. A verified petition seeking orders for maintenance, support,custody, visitation, payment of rent, payment of monetary compensation,possession of personal property, prohibiting the transfer, encumbrance, ordisposal of property, or payment for services of a shelter for victims ofdomestic violence, shall contain allegations relating to those orders andshall pray for the orders desired.

5. In making an award of custody, the court shall consider allrelevant factors including the presumption that the best interests of thechild will be served by placing the child in the custody and care of thenonabusive parent, unless there is evidence that both parents have engagedin abusive behavior, in which case the court shall not consider thispresumption but may appoint a guardian ad litem or a court-appointedspecial advocate to represent the children in accordance with chapter 452,RSMo, and shall consider all other factors in accordance with chapter 452,RSMo.

6. The court shall grant to the noncustodial parent rights tovisitation with any minor child born to or adopted by the parties, unlessthe court finds, after hearing, that visitation would endanger the child'sphysical health, impair the child's emotional development or wouldotherwise conflict with the best interests of the child, or that novisitation can be arranged which would sufficiently protect the custodialparent from further abuse. The court may appoint a guardian ad litem orcourt-appointed special advocate to represent the minor child in accordancewith chapter 452, RSMo, whenever the custodial parent alleges thatvisitation with the noncustodial parent will damage the minor child.

7. The court shall make an order requiring the noncustodial party topay an amount reasonable and necessary for the support of any child to whomthe party owes a duty of support when no prior order of support isoutstanding and after all relevant factors have been considered, inaccordance with Missouri supreme court rule 88.01 and chapter 452, RSMo.

8. The court may grant a maintenance order to a party for a period oftime, not to exceed one hundred eighty days. Any maintenance ordered bythe court shall be in accordance with chapter 452, RSMo.

(L. 1980 S.B. 524 § 9, A.L. 1986 S.B. 450, A.L. 1989 S.B. 420, A.L. 1993 H.B. 476 & 194, A.L. 1995 S.B. 174, A.L. 1999 S.B. 1, et al., A.L. 2000 H.B. 1677, et al.)