Section 18.5 Molesting or Disturbing Peace of Party or Child, Excluding From Home

• Library: Family Law Deskbook and 2014 Supp

b. (§18.5) Molesting or Disturbing Peace of Party or Child, Excluding From Home

Conflict and tension between the parties are usually at a heightened level while a dissolution is pending; therefore, relief is available to protect a party, or the children, from harassing, abusive behavior by the other party. The court can issue an order enjoining a party from those behaviors and can also order the exclusion of a party from the marital home upon a showing that physical or emotional harm would otherwise result. Section 452.315.2(2) and (3), RSMo 2000. In Cernuto v. Cernuto, 779 S.W.2d 251 (Mo. App. E.D. 1989), the court granted a temporary restraining order restricting the husband from the marital home despite finding that the marital misconduct of the wife, who engaged in numerous extramarital affairs, constituted...