THE CHILD PROTECTION ORDERS ACT §§ 455.500, ET SEQ., RSMo

Obtaining a child Order of Protection is a two-step process. First, you must file a petition with the Clerk of the Court at the city or county courthouse. The petition is reviewed by a judge who can issue an Ex Parte Order of Protection. The Ex Parte Order is a temporary order that provides protection from abuse for up to 15 days. Upon your request, the judge can also include temporary orders for the abuser to stay away from the family home or from having any contact with the child and for you to have temporary custody of your minor children.

Second, you must attend a full hearing where a judge may grant a Full Order of Protection which is valid for up to 180 days and is renewable. At the full hearing, the judge may confirm the orders issued in the Ex Parte Order and grant additional orders regarding child support, maintenance (financial support for an adult petitioner who is married to the abuser), custody, visitation rights, and other matters.

The Order of Protection is probably the least expensive and fastest way for you to get legal protection from abuse for your child under Missouri law. You do not need a lawyer to get an Order of Protection. An order does not ask for a separation or divorce, nor does it bring criminal charges against the abuser. An order is a legal remedy which is enforced by the police to protect your family from being abused.

1. You are a parent or guardian of a child who has been abused and who is under 18 years old; or

2. You are a guardian ad litem or court-appointed special advocate appointed for the child victim; or

3. You are a juvenile officer. The Abuser (Respondent) must be a present or former adult household member, meaning the abuser:
   a. is eighteen (18) years of age or older; and
   b. resided with the child in the same dwelling unit.

1. Where the child resides; or

2. Where the abuse occurred; or

3. Where the person against whom you are requesting protection, the respondent, may be served.

Some counties state that there will be a filing fee to file for the order; however, you are not required to pay the cost at the time of filing. Depending upon your income, the filing fee may be waived. Usually, the court clerk will provide you with a cost waiver form and a petition to fill out. In the petition you will state the allegations of abuse against your child by the abuser and the relief that you are requesting.

Depending on the county in which you live, you may fill out the petition yourself or talk to a juvenile officer or prosecuting attorney about the abuse of your child. Also, depending on the county in which you live, a "commitment" from the local Division of Family Services may be required before you are granted the Child Order of Protection. A commitment means that the Division of Family Services agrees to provide "appropriate social services to the family or household members."

The judge, after speaking with you, will decide whether to grant the Ex Parte Child Order of Protection. Ex Parte means by one party only without notice to the respondent. If the judge does grant the Ex Parte Order, it will be on a temporary basis and the abuser will then be served with the petition and Ex Parte Order. You will also be given a date within two weeks to return to the court for a hearing for a permanent Child Order of Protection, at which time the abuser may appear and answer the allegations against him or her. If after the hearing, the judge grants a Full Order of Protection, it may last up to 180 days.

If you go during a weekday, try to avoid going to the courthouse around the lunch hour or in the afternoon after 3:30 p.m., when judges may not be available. It takes time to fill out the petition and you may have to wait to see the judge. If you bring children with you, anticipate that they will have to wait for a long period of time.

1. Temporarily enjoin the respondent from abusing, threatening to abuse, molesting, or disturbing the peace of the child victim;

2. Temporarily enjoin the respondent from entering the family home of the child victim, except as authorized by the court; and

3. Temporarily enjoin the respondent from having any contact with the child victim, except as authorized by the court.

1. Award custody of any minor child of the parties when:
   a. the court has jurisdiction over the child;
   b. no prior order regarding custody is pending or has been made; and
   c. the best interests of the child require such order;

2. Award visitation;

3. Award child support where appropriate;

4. Award maintenance to petitioner when petitioner and respondent are lawfully married;

5. Order respondent to make rent or mortgage payments, if respondent has a duty to support the child victim or other dependent household members;

6. Order the respondent to participate in court-approved counseling designed to help child abusers stop violent behavior;

7. Order respondent to pay costs of treatment for himself or herself and/or the child victim;

8. Order the respondent to pay for housing and other services provided to the victim by a shelter for victims of domestic violence; and

9. A court may also order a respondent to pay a reasonable amount for the cost to you of filing for the Order of Protection and for your attorney's fees.

The judge usually grants a temporary Order for Child Protection and custody at the Ex Parte Hearing. All other orders listed above may be granted at the Full Hearing. Regardless of when the judge chooses to grant orders, you must remember to ask for these orders when you fill out the petition papers. If the orders you want are not in the petition, the judge may not be able to consider them at the Full Hearing and may not be able to include them in the Full Order of Protection.

On page 2, under THE CHILD PROTECTION ORDERS ACT, the section number should read "§§ 455.500, ET SEQ., RSMo".