Section 455.520

Title XXX DOMESTIC RELATIONS

Chapter 455

Effective - 28 Aug 2021, 4 histories   

  455.520.  Temporary relief available — ex parte orders. — 1.  Any ex parte order of protection granted under sections 455.500 to 455.538 shall be to protect the victim from domestic violence, including danger to the child's pet, stalking, or sexual assault and may include such terms as the court reasonably deems necessary to ensure the victim's safety, including but not limited to:

  (1)  Restraining the respondent from committing or threatening to commit domestic violence, stalking, sexual assault, molesting, or disturbing the peace of the victim;

  (2)  Restraining the respondent from entering the family home of the victim except as specifically authorized by the court;

  (3)  Restraining the respondent from communicating with the victim in any manner or through any medium, except as specifically authorized by the court;

  (4)  A temporary order of custody of minor children;

  (5)  A temporary order of possession of pets where appropriate.

  2.  No ex parte order of protection excluding the respondent from the family home shall be issued unless the court finds that:

  (1)  The order is in the best interests of the child or children remaining in the home;

  (2)  The verified allegations of domestic violence present a substantial risk to the child or children unless the respondent is excluded; and

  (3)  A remaining adult family or household member is able to care adequately for the child or children in the absence of the excluded party.

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(L. 1987 H.B. 598 § 9, A.L. 2011 S.B. 320, A.L. 2013 H.B. 215, A.L. 2015 S.B. 321 merged with S.B. 341, A.L. 2021 S.B. 53 & 60 merged with S.B. 71)