455.010. Definitions. — As used in this chapter, unless the context clearly indicates otherwise, the following terms shall mean:
(1) "Abuse", includes but is not limited to the occurrence of any of the following acts, attempts or threats against a person who may be protected pursuant to this chapter, except abuse shall not include abuse inflicted on a child by accidental means by an adult household member or discipline of a child, including spanking, in a reasonable manner:
(a) "Abusing a pet", purposely or knowingly causing, attempting to cause, or threatening to cause physical injury to a pet with the intent to control, punish, intimidate, or distress the petitioner;
(b) "Assault", purposely or knowingly placing or attempting to place another in fear of physical harm;
(c) "Battery", purposely or knowingly causing physical harm to another with or without a deadly weapon;
(d) "Coercion", compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage;
(e) "Harassment", engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to an adult or child and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable adult or child to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner or child. Such conduct might include, but is not limited to:
a. Following another about in a public place or places;
b. Peering in the window or lingering outside the residence of another; but does not include constitutionally protected activity;
(f) "Sexual assault", causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person's consent;
(g) "Unlawful imprisonment", holding, confining, detaining or abducting another person against that person's will;
(2) "Adult", any person seventeen years of age or older or otherwise emancipated;
(3) "Child", any person under seventeen years of age unless otherwise emancipated;
(4) "Court", the circuit or associate circuit judge or a family court commissioner;
(5) "Domestic violence", abuse or stalking committed by a family or household member, as such terms are defined in this section;
(6) "Ex parte order of protection", an order of protection issued by the court before the respondent has received notice of the petition or an opportunity to be heard on it;
(7) "Family" or "household member", spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time;
(8) "Full order of protection", an order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard;
(9) "Order of protection", either an ex parte order of protection or a full order of protection;
(10) "Pending", exists or for which a hearing date has been set;
(11) "Pet", a living creature maintained by a household member for companionship and not for commercial purposes;
(12) "Petitioner", a family or household member who has been a victim of domestic violence, or any person who has been the victim of stalking or sexual assault, or a person filing on behalf of a child pursuant to section 455.503 who has filed a verified petition pursuant to the provisions of section 455.020 or section 455.505;
(13) "Respondent", the family or household member alleged to have committed an act of domestic violence, or person alleged to have committed an act of stalking or sexual assault, against whom a verified petition has been filed or a person served on behalf of a child pursuant to section 455.503;
(14) "Sexual assault", as defined under subdivision (1) of this section;
(15) "Stalking", is when any person purposely engages in an unwanted course of conduct that causes alarm to another person, or a person who resides together in the same household with the person seeking the order of protection when it is reasonable in that person's situation to have been alarmed by the conduct. As used in this subdivision:
(a) "Alarm", to cause fear of danger of physical harm; and
(b) "Course of conduct", two or more acts that serve no legitimate purpose including, but not limited to, acts in which the stalker directly, indirectly, or through a third party follows, monitors, observes, surveils, threatens, or communicates to a person by any action, method, or device.
Notes of Decisions
Cited in
281
cases (
32 in the last 5 years), 1981–2025 · leading case:
M.D.L. v. S.C.E., 391 S.W.3d 525 (Mo. Ct. App. 2013).
M.D.L. v. S.C.E., 391 S.W.3d 525 (Mo. Ct. App. 2013).
· cites it 24× “Appellant is correct in his assertion that “harassment” as defined in Section 455.010 requires a finding that the petitioner suffered substantial emotional distress.”
State Ex Rel. Williams v. Marsh, 626 S.W.2d 223 (Mo. 1982).
· cites it 12× “524, (codified at §§ 455.010 to 455.085, RSMo Supp.1980) was adopted by the Missouri Legislature on June 13, 1980, and became effective August 13, 1980.”
In the Interest of: J.P.B. M.R.S. v. Greene Cnty. Juv. Off., 509 S.W.3d 84 (Mo. 2017).
· cites it 6× “5(6) read: The parent is unfit to be a party to the parent and child relationship because of a consistent pattern of committing a specific abuse, including but not limited to abuses as defined in section 455.010, child abuse or drug abuse before the child or of specific…”
Wallace v. Van Pelt, 969 S.W.2d 380 (Mo. Ct. App. 1998).
· cites it 14× “Melvin Van Pelt appeals from a full order of protection entered by the Circuit Court of Nodaway County pursuant to the Adult Abuse Act, §§ 455.010 to 455.085. 1 That order provided that Van Pelt shall not stalk, abuse, threaten to abuse, molest or disturb the peace of Tracey…”
P.D.J. v. S.S., 535 S.W.3d 821 (Mo. Ct. App. 2017).
· cites it 26× “(“Appellant”) appeals from the trial court’s judgment granting a Full Order of Protection pursuant to the Adult Abuse Act, Sections 455.010 to 455.085 (RSMo. Cum. Supp, .”
State v. Daniel, 103 S.W.3d 822 (Mo. Ct. App. 2003).
· cites it 13× “A person commits the crime of first-degree domestic assault if he “knowingly causes or attempts to cause serious physical injury to a family or household member or an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the actor, as…”
K.M.C. v. M.W.M., 518 S.W.3d 273 (Mo. Ct. App. 2017).
· cites it 17× “Section 455.010 RSMo Cum.Supp.2015 (emphasis added).”
Schwalm v. Schwalm, 217 S.W.3d 335 (Mo. Ct. App. 2007).
· cites it 10× “” Section 455.010(10). Course of conduct is a “pattern of conduct composed of repeated acts over a period of time, however short that serves no legitimate purpose.”
George v. McLuckie, 227 S.W.3d 503 (Mo. Ct. App. 2007).
· cites it 14× “who has been the victim of stalking, may seek relief under sections 455.010 to 455.085 by filing a verified petition alleging such abuse or stalking by the respondent.”
C.B. v. Buchheit, 254 S.W.3d 210 (Mo. Ct. App. 2008).
· cites it 15× “” Section 455.010(10), RSMo Cum.Supp.2006. “Course of conduct” is a “pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose.”
McAlister v. Strohmeyer, 395 S.W.3d 546 (Mo. Ct. App. 2013).
· cites it 13× “McAlister argues that the undisputed evidence demonstrated that Strohmeyer pointed a gun at her and that such conduct constituted an attempt to place her in fear of physical harm under section 455.010. Consequently, McAlister argues, the trial court was required by section 455.”
State v. Stewart, 560 S.W.3d 531 (Mo. 2018).
· cites it 4× “as defined in section 455.010, and [t]he person purposely places such family or household member in apprehension of immediate physical injury by any means.”
— Mo. Rev. Stat. § 455.010(1) — 21 cases
State Ex Rel. Williams v. Marsh, 626 S.W.2d 223 (Mo. 1982).
“524, (codified at §§ 455.010 to 455.085, RSMo Supp.1980) was adopted by the Missouri Legislature on June 13, 1980, and became effective August 13, 1980.”
Wallace v. Van Pelt, 969 S.W.2d 380 (Mo. Ct. App. 1998).
“Melvin Van Pelt appeals from a full order of protection entered by the Circuit Court of Nodaway County pursuant to the Adult Abuse Act, §§ 455.010 to 455.085. 1 That order provided that Van Pelt shall not stalk, abuse, threaten to abuse, molest or disturb the peace of Tracey…”
— Mo. Rev. Stat. § 455.010(1)(a) — 9 cases
— Mo. Rev. Stat. § 455.010(1)(b) — 5 cases
— Mo. Rev. Stat. § 455.010(1)(c) — 5 cases
— Mo. Rev. Stat. § 455.010(1)(d) — 6 cases
— Mo. Rev. Stat. § 455.010(1)(e) — 6 cases
— Mo. Rev. Stat. § 455.010(1)(f) — 1 case
Mr v. Sr, 238 S.W.3d 205 (Mo. Ct. App. 2007).
— Mo. Rev. Stat. § 455.010(10) — 33 cases
Wallace v. Van Pelt, 969 S.W.2d 380 (Mo. Ct. App. 1998).
“Melvin Van Pelt appeals from a full order of protection entered by the Circuit Court of Nodaway County pursuant to the Adult Abuse Act, §§ 455.010 to 455.085. 1 That order provided that Van Pelt shall not stalk, abuse, threaten to abuse, molest or disturb the peace of Tracey…”
George v. McLuckie, 227 S.W.3d 503 (Mo. Ct. App. 2007).
“who has been the victim of stalking, may seek relief under sections 455.010 to 455.085 by filing a verified petition alleging such abuse or stalking by the respondent.”
— Mo. Rev. Stat. § 455.010(10)(a) — 20 cases
Schwalm v. Schwalm, 217 S.W.3d 335 (Mo. Ct. App. 2007).
“” Section 455.010(10). Course of conduct is a “pattern of conduct composed of repeated acts over a period of time, however short that serves no legitimate purpose.”
C.B. v. Buchheit, 254 S.W.3d 210 (Mo. Ct. App. 2008).
“” Section 455.010(10), RSMo Cum.Supp.2006. “Course of conduct” is a “pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose.”
K.M.C. v. M.W.M., 518 S.W.3d 273 (Mo. Ct. App. 2017).
“Section 455.010 RSMo Cum.Supp.2015 (emphasis added).”
— Mo. Rev. Stat. § 455.010(10)(b) — 9 cases
Schwalm v. Schwalm, 217 S.W.3d 335 (Mo. Ct. App. 2007).
“” Section 455.010(10). Course of conduct is a “pattern of conduct composed of repeated acts over a period of time, however short that serves no legitimate purpose.”
C.B. v. Buchheit, 254 S.W.3d 210 (Mo. Ct. App. 2008).
“” Section 455.010(10), RSMo Cum.Supp.2006. “Course of conduct” is a “pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose.”
— Mo. Rev. Stat. § 455.010(10)(c) — 15 cases
George v. McLuckie, 227 S.W.3d 503 (Mo. Ct. App. 2007).
“who has been the victim of stalking, may seek relief under sections 455.010 to 455.085 by filing a verified petition alleging such abuse or stalking by the respondent.”
Schwalm v. Schwalm, 217 S.W.3d 335 (Mo. Ct. App. 2007).
“” Section 455.010(10). Course of conduct is a “pattern of conduct composed of repeated acts over a period of time, however short that serves no legitimate purpose.”
C.B. v. Buchheit, 254 S.W.3d 210 (Mo. Ct. App. 2008).
“” Section 455.010(10), RSMo Cum.Supp.2006. “Course of conduct” is a “pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose.”
— Mo. Rev. Stat. § 455.010(11) — 1 case
— Mo. Rev. Stat. § 455.010(12) — 2 cases
— Mo. Rev. Stat. § 455.010(13) — 15 cases
— Mo. Rev. Stat. § 455.010(13)(a) — 9 cases
M.D.L. v. S.C.E., 391 S.W.3d 525 (Mo. Ct. App. 2013).
“Appellant is correct in his assertion that “harassment” as defined in Section 455.010 requires a finding that the petitioner suffered substantial emotional distress.”
— Mo. Rev. Stat. § 455.010(13)(b) — 8 cases
M.D.L. v. S.C.E., 391 S.W.3d 525 (Mo. Ct. App. 2013).
“Appellant is correct in his assertion that “harassment” as defined in Section 455.010 requires a finding that the petitioner suffered substantial emotional distress.”
— Mo. Rev. Stat. § 455.010(13)(c) — 5 cases
M.D.L. v. S.C.E., 391 S.W.3d 525 (Mo. Ct. App. 2013).
“Appellant is correct in his assertion that “harassment” as defined in Section 455.010 requires a finding that the petitioner suffered substantial emotional distress.”
— Mo. Rev. Stat. § 455.010(13)(e) — 3 cases
— Mo. Rev. Stat. § 455.010(14) — 21 cases
K.M.C. v. M.W.M., 518 S.W.3d 273 (Mo. Ct. App. 2017).
“Section 455.010 RSMo Cum.Supp.2015 (emphasis added).”
— Mo. Rev. Stat. § 455.010(14)(a) — 17 cases
P.D.J. v. S.S., 535 S.W.3d 821 (Mo. Ct. App. 2017).
“(“Appellant”) appeals from the trial court’s judgment granting a Full Order of Protection pursuant to the Adult Abuse Act, Sections 455.010 to 455.085 (RSMo. Cum. Supp, .”
K.M.C. v. M.W.M., 518 S.W.3d 273 (Mo. Ct. App. 2017).
“Section 455.010 RSMo Cum.Supp.2015 (emphasis added).”
— Mo. Rev. Stat. § 455.010(14)(b) — 7 cases
P.D.J. v. S.S., 535 S.W.3d 821 (Mo. Ct. App. 2017).
“(“Appellant”) appeals from the trial court’s judgment granting a Full Order of Protection pursuant to the Adult Abuse Act, Sections 455.010 to 455.085 (RSMo. Cum. Supp, .”
— Mo. Rev. Stat. § 455.010(15) — 11 cases
— Mo. Rev. Stat. § 455.010(15)(a) — 7 cases
— Mo. Rev. Stat. § 455.010(15)(b) — 7 cases
— Mo. Rev. Stat. § 455.010(2) — 1 case
— Mo. Rev. Stat. § 455.010(4) — 1 case
State Ex Rel. Williams v. Marsh, 626 S.W.2d 223 (Mo. 1982).
“524, (codified at §§ 455.010 to 455.085, RSMo Supp.1980) was adopted by the Missouri Legislature on June 13, 1980, and became effective August 13, 1980.”
— Mo. Rev. Stat. § 455.010(5) — 31 cases
State v. Daniel, 103 S.W.3d 822 (Mo. Ct. App. 2003).
“A person commits the crime of first-degree domestic assault if he “knowingly causes or attempts to cause serious physical injury to a family or household member or an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the actor, as…”
State Ex Rel. Williams v. Marsh, 626 S.W.2d 223 (Mo. 1982).
“524, (codified at §§ 455.010 to 455.085, RSMo Supp.1980) was adopted by the Missouri Legislature on June 13, 1980, and became effective August 13, 1980.”
— Mo. Rev. Stat. § 455.010(7) — 24 cases
P.D.J. v. S.S., 535 S.W.3d 821 (Mo. Ct. App. 2017).
“(“Appellant”) appeals from the trial court’s judgment granting a Full Order of Protection pursuant to the Adult Abuse Act, Sections 455.010 to 455.085 (RSMo. Cum. Supp, .”
— Mo. Rev. Stat. § 455.010(8) — 1 case
— Mo. Rev. Stat. § 455.010(d) — 1 case
— Mo. Rev. Stat. § 455.010(d)(1) — 1 case
— Mo. Rev. Stat. § 455.010(l)(a) — 7 cases
M.D.L. v. S.C.E., 391 S.W.3d 525 (Mo. Ct. App. 2013).
“Appellant is correct in his assertion that “harassment” as defined in Section 455.010 requires a finding that the petitioner suffered substantial emotional distress.”
McAlister v. Strohmeyer, 395 S.W.3d 546 (Mo. Ct. App. 2013).
“McAlister argues that the undisputed evidence demonstrated that Strohmeyer pointed a gun at her and that such conduct constituted an attempt to place her in fear of physical harm under section 455.010. Consequently, McAlister argues, the trial court was required by section 455.”
— Mo. Rev. Stat. § 455.010(l)(b) — 1 case
— Mo. Rev. Stat. § 455.010(l)(d) — 15 cases
C.B. v. Buchheit, 254 S.W.3d 210 (Mo. Ct. App. 2008).
“” Section 455.010(10), RSMo Cum.Supp.2006. “Course of conduct” is a “pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose.”
M.D.L. v. S.C.E., 391 S.W.3d 525 (Mo. Ct. App. 2013).
“Appellant is correct in his assertion that “harassment” as defined in Section 455.010 requires a finding that the petitioner suffered substantial emotional distress.”
K.M.C. v. M.W.M., 518 S.W.3d 273 (Mo. Ct. App. 2017).
“Section 455.010 RSMo Cum.Supp.2015 (emphasis added).”
— Mo. Rev. Stat. § 455.010(l)(e) — 1 case
— Mo. Rev. Stat. § 455.010(l)(f) — 2 cases
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