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 or

MISSOURI STATUTES AND CODES

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 or

Hearings, when, procedure, standard of proof--duration oforders--videotaped testimony permitted--renewal of orders,when--service of respondent, failure to serve not to affect validityof order--notice to law enforcement agencies.

455.516. 1. Not later than fifteen days after the filing of apetition under sections 455.500 to 455.538, a hearing shall be held unlessthe court deems, for good cause shown, that a continuance should begranted. At the hearing, which may be an open or a closed hearing at thediscretion of the court, whichever is in the best interest of the child, ifthe petitioner has proved the allegation of abuse of a child by apreponderance of the evidence, the court may issue a full order ofprotection for at least one hundred eighty days and not more than one year.The court may allow as evidence any in camera videotape made of thetestimony of the child pursuant to section 491.699, RSMo. The provisionsof section 491.075, RSMo, relating to admissibility of statements of achild under the age of twelve shall apply to any hearing under theprovisions of sections 455.500 to 455.538. Upon motion by either party,the guardian ad litem or the court-appointed special advocate, and after ahearing by the court, the full order of protection may be renewed for aperiod of time the court deems appropriate, except that the protectiveorder shall be valid for at least one hundred eighty days and not more thanone year from the expiration date of the originally issued full order ofprotection. If for good cause a hearing cannot be held on the motion torenew the full order of protection prior to the expiration date of theoriginally issued full order of protection, an ex parte order of protectionmay be issued until a hearing is held on the motion. Upon motion by eitherparty, the guardian ad litem or the court appointed special advocate, andafter a hearing by the court, the second full order of protection may berenewed for an additional period of time the court deems appropriate,except that the protective order shall be valid for at least one hundredeighty days and not more than one year from the expiration date of thesecond full order of protection. If for good cause a hearing cannot beheld on the motion to renew the second full order of protection prior tothe expiration date of the second order, an ex parte order of protectionmay be issued until a hearing is held on the motion. For purposes of thissubsection, a finding by the court of a subsequent act of abuse is notrequired 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 personally served upon the respondent by personal processserver as provided by law or by any sheriff or police officer at leastthree days prior to such hearing. Such shall be served at the earliesttime, and service of such shall take priority over service in otheractions, except those of a similar emergency nature. The court shall causea copy of any full order of protection to be served upon or mailed bycertified mail to the respondent at the respondent's last known address.Failure to serve or mail a copy of the full order of protection to therespondent shall not affect the validity or enforceability of a full orderof protection.

3. A copy of any order of protection granted under sections 455.500to 455.538 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 (MULES) or any other comparable law enforcement systemthe same day the order is granted. The law enforcement agency responsiblefor maintaining 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 such 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.

4. A copy of the petition and notice of the date set for the hearingon such petition and any order of protection granted pursuant to sections455.500 to 455.538 shall be issued to the juvenile office in thejurisdiction where the petitioner resides. A notice of expiration or oftermination of any order of protection shall be issued to such juvenileoffice.