Effective - 28 Aug 2021, 5 histories
455.513. Ex parte orders, issued immediately, when — for good cause shown, defined — investigation by children's division, when — report due when, available to whom — transfer to juvenile court, when. — 1. The court may immediately issue an ex parte order of protection 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:
(1) No prior order regarding custody involving the respondent and the child is pending or has been made; or
(2) The respondent is less than seventeen years of age.
An immediate and present danger of domestic violence, including danger to the child's pet, stalking, or sexual assault 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. The court shall deny the ex parte order and dismiss the petition if the petitioner is not authorized to seek relief pursuant to section 455.505.
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 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 may issue an ex parte order and 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.
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(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, A.L. 2013 H.B. 215, A.L. 2015 S.B. 321 merged with S.B. 341, A.L. 2018 S.B. 871, A.L. 2021 S.B. 53 & 60 merged with S.B. 71)