455.035. Protection orders — ex parte. — 1. Upon the filing of a verified petition pursuant to sections 455.010 to 455.085 and for good cause shown in the petition, the court may immediately issue an ex parte order of protection. An immediate and present danger of domestic violence to the petitioner or the child on whose behalf the petition is filed shall constitute good cause for purposes of this section. An ex parte order of protection entered by the court shall take effect when entered and shall remain in effect until there is valid service of process and a hearing is held on the motion. The court shall deny the ex parte order and dismiss the petition if the petitioner is not authorized to seek relief pursuant to section 455.020.
2. Failure to serve an ex parte order of protection on the respondent shall not affect the validity or enforceability of such order. If the respondent is less than seventeen years of age, unless otherwise emancipated, service of process shall be made upon a custodial parent or guardian of the respondent, or upon a guardian ad litem appointed by the court, requiring that the person appear and bring the respondent before the court at the time and place stated.
3. If an ex parte order is entered and 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. The court shall appoint a guardian ad litem for any such respondent not represented by a parent or guardian.
Notes of Decisions
State Ex Rel. Williams v. Marsh, 626 S.W.2d 223 (Mo. 1982).
· cites it 22× “" Section 455.035, RSMo Supp.1980. As in a proceeding to obtain any other restraining order, the petitioner must satisfy the court that grounds exist to justify granting this order.”
McAlister v. Strohmeyer, 395 S.W.3d 546 (Mo. Ct. App. 2013).
· cites it 5× “” § 455.035 (emphasis added). “Not later than fifteen days after the filing of a petition .”
Martinelli v. Mitchell, 386 S.W.3d 148 (Mo. Ct. App. 2012).
· cites it 4× “020 — abuse—was supported by substantial evidence, we need not address the second basis — stalking.”
Parkhurst v. Parkhurst, 793 S.W.2d 634 (Mo. Ct. App. 1990).
· cites it 2× “Missouri Revised Statutes section 455.035 states, in part, that: “Upon the filing of a verified petition under sections 455.”
A.S. v. Decker, 318 S.W.3d 751 (Mo. Ct. App. 2010).
· cites it 2× “each filed a petition for an ex parte order of protection in Boone County Circuit Court under Section 455.035; orders were issued by the Court.”
Grist v. Grist, 946 S.W.2d 780 (Mo. Ct. App. 1997).
· cites it 2× “020 (1994), RSMo § 455.035, and RSMo § 455.010; see also State ex rel Williams v.”
McGrath v. McGrath, 939 S.W.2d 46 (Mo. Ct. App. 1997).
· cites it 2× “That day, respondent filed for, and received, an ex parte order of protection under § 455.035 RSMo Supp.1996. A hearing for full order of protection under § 455.”
State v. Schleiermacher, 924 S.W.2d 269 (Mo. 1996).
“Just after the separation, on October 18, Lome sought and obtained an ex parte order of protection pursuant to § 455.035. A full order of protection was entered November 2, 1993.”
State v. McMullin, 136 S.W.3d 566 (Mo. Ct. App. 2004).
“Sections 455.035 to 455.050 allow an abuse victim to petition the circuit court for an ex parte or full order of protection and allow the court to enter such orders to enjoin or restrain the abuser from certain acts such as communicating with the victim, harassing or abusing the…”
Borchelt v. Dir. of Revenue, 806 S.W.2d 95 (Mo. Ct. App. 1991).
· cites it 2× “” The epic began January 31, 1989, when, upon petition of Borchelt’s wife, the Circuit Court of Cape Girardeau County issued an *96 ex parte order of protection, § 455.035, RSMo 1986, barring Borchelt from abusing, molesting or disturbing his wife and from entering upon the…”
State v. Gentry, 936 S.W.2d 790 (Mo. 1996).
· cites it 3× “Section 455.035, RSMo 1994, provides that ‘‘[a]n ex parte order of protection shall be in effect until the time of the hearing [on the full order of protection].”
In re Preston, 898 S.W.2d 151 (Mo. Ct. App. 1995).
“02(b) (temporary restraining order); RSMo § 455.035 (1994) (protection order); RSMo § 455.”
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