Section 9.6 Temporary Orders and Child Protection Orders Act

• Library: Family Law Deskbook and 2014 Supp

B. (§9.6) Temporary Orders and Child Protection Orders Act

Under the Child Protection Orders Act, §§ 455.500–455.538, RSMo 2000 and Supp. 2011, “[u]pon the filing of a verified petition . . ., for good cause shown in the petition, and upon finding that no prior order regarding custody is pending or has been madeor that the respondent is less than seventeen years of age, the court may immediately issue an ex parte order of protection.” Section 455.513.1, RSMo Supp. 2011 (emphasis added). An ex parte order of protection is in effect until the time of hearing. Id. An ex parte order of protection is issued to protect the victim from abuse and may include a temporary order of custody of the minor children.

If a prior order of custody is pending or has been made, a party should contact the Missouri Department of Social Services, Children’s Division, to obtain immediate protection for the minor children until the hearing for full order of protection is conducted. Under § 210.145.1(4), RSMo Supp. 2011, the...