Missouri Laws 455.035 – Protection orders — ex parte
1. Upon the filing of a verified petition pursuant to sections 455.010 to 455.085 and for good cause shown in the petition, the court may immediately issue an ex parte order of protection. An immediate and present danger of domestic violence to the petitioner or the child on whose behalf the petition is filed shall constitute good cause for purposes of this section. An ex parte order of protection entered by the court shall take effect when entered and shall remain in effect until there is valid service of process and a hearing is held on the motion. The court shall deny the ex parte order and dismiss the petition if the petitioner is not authorized to seek relief pursuant to section 455.020.
2. Failure to serve an ex parte order of protection on the respondent shall not affect the validity or enforceability of such order. If the respondent is less than seventeen years of age, unless otherwise emancipated, service of process shall be made upon a custodial parent or guardian of the respondent, or upon a guardian ad litem appointed by the court, requiring that the person appear and bring the respondent before the court at the time and place stated.
Terms Used In Missouri Laws 455.035
- 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
- Full order of protection: an order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard. See Missouri Laws 455.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475. See Missouri Laws 1.020
- Order of protection: either an ex parte order of protection or a full order of protection. See Missouri Laws 455.010
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Petitioner: a family or household member who has been a victim of domestic violence, or any person who has been the victim of stalking or sexual assault, or a person filing on behalf of a child pursuant to section 455. 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
- Service of process: The service of writs or summonses to the appropriate party.
3. If an ex parte order is entered and the respondent is less than seventeen years of age, the court shall transfer the case to juvenile court for a hearing on a full order of protection. The court shall appoint a guardian ad litem for any such respondent not represented by a parent or guardian.