Section 455.523

Title XXX DOMESTIC RELATIONS

Chapter 455

Effective - 28 Aug 2021, 5 histories   

  455.523.  Full order of protection — relief available. — 1.  Any full 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, and sexual assault may include such terms as the court reasonably deems necessary to ensure the petitioner's safety, including but not limited to:

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

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

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

  2.  When the court has, after hearing for any full order of protection, issued an order of protection, it may, in addition:

  (1)  Award custody of any minor child born to or adopted by the parties when the court has jurisdiction over such child and no prior order regarding custody is pending or has been made, and the best interests of the child require such order be issued;

  (2)  Award visitation;

  (3)  Award child support in accordance with supreme court rule 88.01 and chapter 452;

  (4)  Award maintenance to petitioner when petitioner and respondent are lawfully married in accordance with chapter 452;

  (5)  Order respondent to make or to continue to make rent or mortgage payments on a residence occupied by the victim if the respondent is found to have a duty to support the victim or other dependent household members;

  (6)  Order the respondent to participate in a court-approved counseling program designed to help stop violent behavior or to treat substance abuse;

  (7)  Order the respondent to pay, to the extent that he or she is able, the costs of his or her treatment, together with the treatment costs incurred by the victim;

  (8)  Order the respondent to pay a reasonable fee for housing and other services that have been provided or that are being provided to the victim by a shelter for victims of domestic violence;

  (9)  Order a wireless service provider, in accordance with the process, provisions, and requirements set out in subdivisions (1) to (6) of subsection 9 of section 455.050, to transfer the billing responsibility for and rights to the wireless telephone number or numbers of any minor children in the petitioner's care to the petitioner, if the petitioner is not the wireless service accountholder;

  (10)  Award possession and care of any pet, along with any moneys necessary to cover medical costs that may have resulted from abuse of the pet.

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(L. 1987 H.B. 598 § 10, A.L. 1995 S.B. 174, 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. 2016 S.B. 838, A.L. 2021 S.B. 53 & 60 merged with S.B. 71)