Section 13.184 Appeals

• Library: Family Law Deskbook and 2014 Supp

V. (§13.184) Appeals

Any full PO (protection order) issued under what is commonly known as the Adult Abuse Act (the Act), §§ 455.010–455.090, RSMo 2000 and Supp. 2011, or the Child Protection Orders Act, §§ 455.500–455.538, RSMo 2000 and Supp. 2011, is a final, appealable order. Section 455.060.1, RSMo Supp. 2011, and § 455.528.1, RSMo 2000.

Appellate review of a court-tried case is governed by Rule 84.13(d). The trial court’s judgment must be affirmed unless it is not supported by substantial evidence, is against the weight of the evidence, or erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). The appellate court must view the evidence in the light most favorable to the judgment, giving deference to the
trial court’s factual determinations. Binggeli v. Hammond, 300 S.W.3d 621, 623 (Mo. App. W.D. 2010).

The reasons for such deference to the trial court are clear and numerous. First, the trial court is in the best position to gauge the credibility of the witnesses. Parkhurst v. Parkhurst, 793 S.W.2d 634, 636 (Mo. App. E.D. 1990). Next...