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Información Legal: Misuri

Restraining Orders

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11 de diciembre de 2020

What protections can I get in an order of protection due to stalking or sexual assault?

An ex parte order of protection can do the following:

  • Forbid the abuser from abusing, threatening to abuse, molesting, sexually assaulting, or stalking you or disturbing your peace;
  • Forbid the abuser from entering your home when it is:
    • Jointly owned, leased or rented or jointly occupied by you and the abuser; or
    • Owned, leased, rented or occupied by you individually; or
    • Jointly owned, leased or rented by you and someone else (not the abuser); or
    • Jointly occupied by you and someone else (not the abuser) as long as the abuser does not have a property interest in the home;
  • Forbid the abuser from communicating with you in any manner or through any medium (i.e., phone, computer, etc.);
  • Make a temporary order of custody of your minor children where appropriate;1 and/or
  • Include such other terms as the judge reasonably believes are necessary to ensure your safety.2

A full order of protection can:

  • Include all of the terms listed above AND
  • Additionally, after a hearing, a full order of protection can order any of the following as long as your petition has facts/allegations relating to these topics and your petition must specifically ask for the things below that you want:3
    • Award custody of any minor child born to or adopted by the parties when:
      • the court has jurisdiction (power) over such child; and
      • no prior order regarding custody is pending or has been made; and
      • the best interests of the child require that a custody order be issued;
    • Establish a visitation schedule that is in the best interests of the child;
    • Give you child support;
    • Give you spousal support (maintenance) for up to 180 days if you are legally married;4
    • If you are married to or have children together, the judge can order the abuser to make rent or mortgage payments on the home you are living in OR on a different home (rather than the one you lived in with the abuser) if you choose;
    • Give you temporary possession of personal property, such as cars, checkbooks, keys, and other personal items;
    • Prohibit the abuser from transferring, selling or getting rid of property mutually owned or leased by you and the abuser;
    • Order the abuser to participate in batterers’ counseling or drug treatment;
    • Order the abuser to pay a reasonable fee for housing and other services that are/were provided to you by a domestic violence shelter;
    • Order the abuser to pay court costs;
    • Order the abuser to pay the cost of medical treatment and services that are/were provided to you as a result of injuries due to domestic violence committed by the abuser;5 and/or
    • Order the abuser to pay your attorney’s fees.6

1 MO ST § 455.045
2 MO ST § 455.050(1)
3 MO ST § 455.050(4)
4 MO ST § 455.050(8)
5 MO ST § 455.050(3)
6 MO ST § 455.075