HB 0232 | Orders of Protection |
Sponsor: | CANUTESON | Handling House Bill: | QUICK |
Committee: | CIVI | LR Number: | L0613.11T |
Last Action: | 06/27/95 - Signed by Governor | ||
Title: | CCS/SCS/HCS/HBs 232 & 485 | ||
Effective Date: | August 28, 1995 | ||
CCS/SCS/HCS/HBs 232 & 485 - This act makes various changes to the issuance of both foreign and domestic protection orders. The child welfare policy of the state is what is in the best interests of the child. The juvenile officer shall assess the impact of dismissing a petition brought on behalf of a child before dismissing such petition.
PROTECTION ORDERS - This act allows Missouri Courts to issue adult protection orders enjoining the respondent from abusing, threatening to abuse, molesting or disturbing the peace of the petitioner, when the only jurisdictional basis is that the petitioner is present in Missouri and the respondent's actions have occurred, have been attempted or have been or are threatened within the state. If the petitioner has been the subject of abuse within or outside the state of Missouri, such evidence shall be admissible to demonstrate the need for protection in Missouri.
The act also shortens the time for service of a full order of protection from five days to three days prior to a hearing. The act also allows any full order of protection to be served to the respondent at his last known address by certified mail. Failure to serve or mail a copy of the full order of protection to the respondent shall not affect the enforceability of the full order of protection.
FOREIGN ORDERS OF PROTECTION - This act requires Missouri Courts to honor adult protective orders issued in other states, if the order is registered in the Circuit Court having jurisdiction.
UNIFORM FORMS AND PETITIONS FOR ORDERS OF PROTECTION - By July 1, 1996, the Supreme Court shall develop and adopt uniform forms for petitions and orders of protection and shall provide the forms to each Circuit Court Clerk. The form shall list all potential relief that can be granted by the court and shall advise the respondent that such relief may be granted if the court finds for the petitioner or if the respondent fails to answer the petition. A law enforcement officer may rely upon a copy of any registered order of protection.
The Speaker of the House shall appoint a nine member interim committee to review current child visitation and child support statutes. The committee shall report its findings and recommendations by December 1, 1995.
See Truly Agreed To CCS/HS/HCS/SS#2/SCS/SB 174.
JAMES KLAHR