2011 Missouri Revised Statutes
TITLE XXX DOMESTIC RELATIONS
Chapter 455 Abuse--Adults and Children--Shelters and Protective Orders
Section 455.513. Ex parte orders, issued when, effective when--for good cause shown, defined--investigation by division of family services, when--report due when, available to whom--transfer to juvenile court, when.
Ex parte orders, issued when, effective when--for good cause shown, defined--investigation by division of family services, when--report due when, available to whom--transfer to juvenile court, when.
455.513. 1. Upon the filing of a verified petition under sections 455.500 to 455.538, for good cause shown in the petition, and upon finding that no prior order regarding custody is pending or has been made or that the respondent is less than seventeen years of age, the court may immediately issue an ex parte order of protection. An immediate and present danger of abuse to a child shall constitute good cause for purposes of this section. An ex parte order of protection entered by the court shall be in effect until the time of the hearing.
2. Upon the entry of the ex parte order of protection, the court shall enter its order appointing a guardian ad litem or court-appointed special advocate to represent the child victim.
3. If the allegations in the petition would give rise to jurisdiction under section 211.031, the court may direct the children's division to conduct an investigation and to provide appropriate services. The division shall submit a written investigative report to the court and to the juvenile officer within thirty days of being ordered to do so. The report shall be made available to the parties and the guardian ad litem or court-appointed special advocate.
4. If an ex parte order is entered and the allegations in the petition would give rise to jurisdiction under section 211.031 because the respondent is less than seventeen years of age, the court shall transfer the case to juvenile court for a hearing on a full order of protection. Service of process shall be made pursuant to section 455.035.
(L. 1987 H.B. 598 7, A.L. 1989 H.B. 502, et al., A.L. 1995 S.B. 174, A.L. 1996 H.B. 1619, A.L. 2011 S.B. 320)
Annotation Copyright Missouri Joint Committee on Legislative Research
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