Restraining Orders

If the court makes a custody decision in a hearing for a full order of protection, the judge should assume that it is in the child’s best interests for the non-abusive parent to get custody. If there is evidence that both parents have been abusive to each other, the judge will not make this assumption. Instead, the judge can appoint a guardian ad litem or a court-appointed special advocate to represent the child and will consider all other factors that are normally considered in a custody case.¹

When deciding visitation in a hearing for a full order of protection, the judge should give the non-custodial parent visitation rights unless the judge believes that one of the following is true:

• visitation would endanger the child’s physical health;
• visitation would negatively affect the child’s emotional development;
• visitation would otherwise conflict with the best interests of the child; or
• that it is not possible to have visitation and still be able to protect the custodial parent from further abuse.²

The court may appoint a guardian ad litem or court-appointed special advocate to represent the minor child whenever the custodial parent alleges that visitation with the noncustodial parent will damage the minor child.²

Note: An order of protection cannot change the custody of children when an action for dissolution of marriage (divorce) has been filed or when a judge has previously awarded custody to a parent.³

¹ MO ST § 455.050(5)
² MO ST § 455.050(6)
³ MO ST § 455.060(6)