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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1726
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
7307S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 455.010, 455.035, and 455.513, RSMo, and to enact in lieu thereof three new
sections relating to orders of protection.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 455.010, 455.035, and 455.513, RSMo, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 455.010, 455.035, and 455.513, to read as 3
follows:4
455.010. As used in this chapter, unless the context 1
clearly indicates otherwise, the following terms shall mean: 2
(1) "Abuse", includes but is not limited to the 3
occurrence of any of the following acts, attempts or threats 4
against a person who may be protected pursuant to this 5
chapter, except abuse shall not include abuse inflicted on a 6
child by accidental means by an adult household member or 7
discipline of a child, including spanking, in a reasonable 8
manner: 9
(a) "Abusing a pet", purposely or knowingly causing, 10
attempting to cause, or threatening to cause physical injury 11
to a pet with the intent to control, punish, intimidate, or 12
distress the petitioner; 13
(b) "Assault", purposely or knowingly placing or 14
attempting to place another in fear of physical harm; 15
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(c) "Battery", purposely or knowingly causing physical 16
harm to another with or without a deadly weapon; 17
(d) "Coercion", compelling another by force or threat 18
of force to engage in conduct from which the latter has a 19
right to abstain or to abstain from conduct in which the 20
person has a right to engage; 21
(e) "Harassment", engaging in a purposeful or knowing 22
course of conduct involving more than one incident that 23
alarms or causes distress to an adult or child and serves no 24
legitimate purpose. The course of conduct must be such as 25
would cause a reasonable adult or child to suffer 26
substantial emotional distress and must actually cause 27
substantial emotional distress to the petitioner or child. 28
Such conduct might include, but is not limited to: 29
a. Following another about in a public place or places; 30
b. Peering in the window or lingering outside the 31
residence of another; but does not include constitutionally 32
protected activity; 33
(f) "Sexual assault", causing or attempting to cause 34
another to engage involuntarily in any sexual act by force, 35
threat of force, duress, or without that person's consent; 36
(g) "Unlawful imprisonment", holding, confining, 37
detaining or abducting another person against that person's 38
will; 39
(2) "Adult", any person [seventeen] eighteen years of 40
age or older or otherwise emancipated; 41
(3) "Child", any person under [seventeen] eighteen 42
years of age unless otherwise emancipated; 43
(4) "Court", the circuit or associate circuit judge or 44
a family court commissioner; 45
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(5) "Domestic violence", abuse or stalking committed 46
by a family or household member, as such terms are defined 47
in this section; 48
(6) "Ex parte order of protection", an order of 49
protection issued by the court before the respondent has 50
received notice of the petition or an opportunity to be 51
heard on it; 52
(7) "Family" or "household member", spouses, former 53
spouses, any person related by blood or marriage, persons 54
who are presently residing together or have resided together 55
in the past, any person who is or has been in a continuing 56
social relationship of a romantic or intimate nature with 57
the victim, and anyone who has a child in common regardless 58
of whether they have been married or have resided together 59
at any time; 60
(8) "Full order of protection", an order of protection 61
issued after a hearing on the record where the respondent 62
has received notice of the proceedings and has had an 63
opportunity to be heard; 64
(9) "Order of protection", either an ex parte order of 65
protection or a full order of protection; 66
(10) "Pending", exists or for which a hearing date has 67
been set; 68
(11) "Pet", a living creature maintained by a 69
household member for companionship and not for commercial 70
purposes; 71
(12) "Petitioner", a family or household member who 72
has been a victim of domestic violence, or any person who 73
has been the victim of stalking or sexual assault, or a 74
person filing on behalf of a child pursuant to section 75
455.503 who has filed a verified petition pursuant to the 76
provisions of section 455.020 or section 455.505; 77
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(13) "Respondent", the family or household member 78
alleged to have committed an act of domestic violence, or 79
person alleged to have committed an act of stalking or 80
sexual assault, against whom a verified petition has been 81
filed or a person served on behalf of a child pursuant to 82
section 455.503; 83
(14) "Sexual assault", as defined under subdivision 84
(1) of this section; 85
(15) "Stalking", is when any person purposely engages 86
in an unwanted course of conduct that causes alarm to 87
another person, or a person who resides together in the same 88
household with the person seeking the order of protection 89
when it is reasonable in that person's situation to have 90
been alarmed by the conduct. As used in this subdivision: 91
(a) "Alarm", to cause fear of danger of physical harm; 92
and 93
(b) "Course of conduct", two or more acts that serve 94
no legitimate purpose including, but not limited to, acts in 95
which the stalker directly, indirectly, or through a third 96
party follows, monitors, observes, surveils, threatens, or 97
communicates to a person by any action, method, or device. 98
455.035. 1. Upon the filing of a verified petition 1
pursuant to sections 455.010 to 455.085 and for good cause 2
shown in the petition, the court may immediately issue an ex 3
parte order of protection. An immediate and present danger 4
of domestic violence to the petitioner or the child on whose 5
behalf the petition is filed shall constitute good cause for 6
purposes of this section. An ex parte order of protection 7
entered by the court shall take effect when entered and 8
shall remain in effect until there is valid service of 9
process and a hearing is held on the motion. The court 10
shall deny the ex parte order and dismiss the petition if 11
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the petitioner is not authorized to seek relief pursuant to 12
section 455.020. 13
2. Failure to serve an ex parte order of protection on 14
the respondent shall not affect the validity or 15
enforceability of such order. If the respondent is less 16
than [seventeen] eighteen years of age, unless otherwise 17
emancipated, service of process shall be made upon a 18
custodial parent or guardian of the respondent, or upon a 19
guardian ad litem appointed by the court, requiring that the 20
person appear and bring the respondent before the court at 21
the time and place stated. 22
3. If an ex parte order is entered and the respondent 23
is less than [seventeen] eighteen years of age, the court 24
shall transfer the case to juvenile court for a hearing on a 25
full order of protection. The court shall appoint a 26
guardian ad litem for any such respondent not represented by 27
a parent or guardian. 28
455.513. 1. The court may immediately issue an ex 1
parte order of protection upon the filing of a verified 2
petition under sections 455.500 to 455.538, for good cause 3
shown in the petition, and upon finding that: 4
(1) No prior order regarding custody involving the 5
respondent and the child is pending or has been made; or 6
(2) The respondent is less than [seventeen] eighteen 7
years of age. 8
An immediate and present danger of domestic violence, 9
including danger to the child's pet, stalking, or sexual 10
assault to a child shall constitute good cause for purposes 11
of this section. An ex parte order of protection entered by 12
the court shall be in effect until the time of the hearing. 13
The court shall deny the ex parte order and dismiss the 14
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petition if the petitioner is not authorized to seek relief 15
pursuant to section 455.505. 16
2. Upon the entry of the ex parte order of protection, 17
the court shall enter its order appointing a guardian ad 18
litem or court-appointed special advocate to represent the 19
child victim. 20
3. If the allegations in the petition would give rise 21
to jurisdiction under section 211.031, the court may direct 22
the children's division to conduct an investigation and to 23
provide appropriate services. The division shall submit a 24
written investigative report to the court and to the 25
juvenile officer within thirty days of being ordered to do 26
so. The report shall be made available to the parties and 27
the guardian ad litem or court-appointed special advocate. 28
4. If the allegations in the petition would give rise 29
to jurisdiction under section 211.031 because the respondent 30
is less than [seventeen] eighteen years of age, the court 31
may issue an ex parte order and shall transfer the case to 32
juvenile court for a hearing on a full order of protection. 33
Service of process shall be made pursuant to section 455.035. 34
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