HB0485 Shear, Sue Dougherty, Patrick et al

P R E F I L E D

HB 485 -- Domestic Violence

Co-Sponsors: Dougherty, Shear

The bill requires the state of Missouri to ensure that victims of domestic violence have access to domestic violence shelters which are operating at less than capacity.

In addition, the bill makes several changes in law related to adult and child orders of protection. The bill:

(1) Requires child support awards that are awarded as part of a child or adult order of protection to conform with Supreme Court Rule 88 and child support laws concerning wage assignment. Supreme Court Rule 88 is currently used to award child support in other areas of law;

(2) Requires maintenance and custody awards that are awarded as part of a child or adult order of protection to conform with criteria used currently to award maintenance and custody in cases where no order of protection has been filed;

(3) Removes the requirement that provisions of an adult protective order prohibiting the abuser from abusing, molesting, stalking, or disturbing the victim or entering the victim's premises are terminated when a divorce decree is issued;

(4) Requires the court to appoint a guardian ad litem to represent the child when there is evidence that both parents have engaged in abusive behavior, when the custodial parent alleges that visitation with a noncustodial parent will damage the child, or when an ex parte child order of protection has been issued;

(5) Allows the court to require the Division of Family Services to conduct investigations and provide services in certain child order of protection cases;

(6) Allows for 2 extensions of 180 days of child orders of protection; and

(7) Allows process to be served on an adult or child full order of protection at least 3 days prior to a hearing. Current law is at least 5 days.