SECOND REGULAR SESSION
HOUSE BILL NO. 1274
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES PARKER (Sponsor), HUBBARD, SCHNEIDER,
CUNNINGHAM (86) AND REINHART (Co-sponsors).
Read 1st time January 27, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To repeal sections 455.020, 455.032, 455.050, and 455.080, RSMo, and to enact in lieu thereof
seven new sections relating to domestic violence, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 455.020, 455.032, 455.050, and 455.080, RSMo, are repealed and
seven new sections enacted in lieu thereof, to be known as sections 455.020, 455.032, 455.050,
455.080, 571.300, 571.305, and 571.310, to read as follows:
455.020. 1. Any adult who has been subject to abuse by a present or former adult family
or household member, or who has been the victim of stalking, may seek relief under sections
455.010 to 455.085 for himself or herself, as well as for any children in his or her custody,
by filing a verified petition alleging such abuse or stalking by the respondent.
2. An adult's right to relief under sections 455.010 to 455.085 shall not be affected by
his or her leaving the residence or household to avoid abuse.
3. Any protection order issued pursuant to sections 455.010 to 455.085 shall be effective
throughout the state in all cities and counties and shall apply to all children in the custody of
the adult seeking the protection order.
455.032. In addition to any other jurisdictional grounds provided by law, a court shall
have jurisdiction to enter an order of protection restraining or enjoining the respondent from
abusing, threatening to abuse, molesting or disturbing the peace of petitioner and all children
in the custody of the petitioner, pursuant to sections 455.010 to 455.085, if the petitioner is
present, whether permanently or on a temporary basis within the state of Missouri and if the
respondent's actions constituting abuse have occurred, have been attempted or have been or are
threatened within the state of Missouri. For purposes of this section, if the petitioner [has] or
any children in the custody of the petitioner have been the subject of abuse within or outside
of the state of Missouri, such evidence shall be admissible to demonstrate the need for protection
455.050. 1. Any full or ex parte order of protection granted pursuant to sections 455.010
to 455.085 shall be to protect the petitioner and any children in the custody of the petitioner
from abuse or stalking and may include:
(1) Temporarily enjoining the respondent from abusing, threatening to abuse, molesting,
stalking or disturbing the peace of the petitioner or any children in the custody of the
(2) Temporarily enjoining the respondent from entering the premises of the dwelling unit
of the petitioner when the dwelling unit is:
(a) Jointly owned, leased or rented or jointly occupied by both parties; or
(b) Owned, leased, rented or occupied by petitioner individually; or
(c) Jointly owned, leased, rented or occupied by petitioner and a person other than
respondent; provided, however, no spouse shall be denied relief pursuant to this section by
reason of the absence of a property interest in the dwelling unit; or
(d) Jointly occupied by the petitioner and a person other than respondent; provided that
the respondent has no property interest in the dwelling unit; or
(3) Temporarily enjoining the respondent from communicating with the petitioner or
any children in the custody of the petitioner in any manner or through any medium.
2. Mutual orders of protection are prohibited unless both parties have properly filed
written petitions and proper service has been made in accordance with sections 455.010 to
3. When the court has, after a hearing for any full order of protection, issued an order of
protection, it may, in addition:
(1) Award custody of any minor child born to or adopted by the parties when the court
has jurisdiction over such child and no prior order regarding custody is pending or has been
made, and the best interests of the child require such order be issued;
(2) Establish a visitation schedule that is in the best interests of the child;
(3) Award child support in accordance with supreme court rule 88.01 and chapter 452,
(4) Award maintenance to petitioner when petitioner and respondent are lawfully married
in accordance with chapter 452, RSMo;
(5) Order respondent to make or to continue to make rent or mortgage payments on a
residence occupied by the petitioner if the respondent is found to have a duty to support the
petitioner or other dependent household members;
(6) Order the respondent to pay the petitioner's rent at a residence other than the one
previously shared by the parties if the respondent is found to have a duty to support the petitioner
and the petitioner requests alternative housing;
(7) Order that the petitioner be given temporary possession of specified personal
property, such as automobiles, checkbooks, keys, and other personal effects;
(8) Prohibit the respondent from transferring, encumbering, or otherwise disposing of
specified property mutually owned or leased by the parties;
(9) Order the respondent to participate in a court-approved counseling program designed
to help batterers stop violent behavior or to participate in a substance abuse treatment program;
(10) Order the respondent to pay a reasonable fee for housing and other services that
have been provided or that are being provided to the petitioner by a shelter for victims of
(11) Order the respondent to pay court costs;
(12) Order the respondent to pay the cost of medical treatment and services that have
been provided or that are being provided to the petitioner as a result of injuries sustained to the
petitioner by an act of domestic violence committed by the respondent.
4. A verified petition seeking orders for maintenance, support, custody, visitation,
payment of rent, payment of monetary compensation, possession of personal property,
prohibiting the transfer, encumbrance, or disposal of property, or payment for services of a
shelter for victims of domestic violence, shall contain allegations relating to those orders and
shall pray for the orders desired.
5. In making an award of custody, the court shall consider all relevant factors including
the presumption that the best interests of the child will be served by placing the child in the
custody and care of the nonabusive parent, unless there is evidence that both parents have
engaged in abusive behavior, in which case the court shall not consider this presumption but may
appoint a guardian ad litem or a court-appointed special advocate to represent the children in
accordance with chapter 452, RSMo, and shall consider all other factors in accordance with
chapter 452, RSMo.
6. The court shall grant to the noncustodial parent rights to visitation with any minor
child born to or adopted by the parties, unless the court finds, after hearing, that visitation would
endanger the child's physical health, impair the child's emotional development or would
otherwise conflict with the best interests of the child, or that no visitation can be arranged which
would sufficiently protect the custodial parent from further abuse. The court may appoint a
guardian ad litem or court-appointed special advocate to represent the minor child in accordance
with chapter 452, RSMo, whenever the custodial parent alleges that visitation with the
noncustodial parent will damage the minor child.
7. The court shall make an order requiring the noncustodial party to pay an amount
reasonable and necessary for the support of any child to whom the party owes a duty of support
when no prior order of support is outstanding and after all relevant factors have been considered,
in accordance with Missouri supreme court rule 88.01 and chapter 452, RSMo.
8. The court may grant a maintenance order to a party for a period of time, not to exceed
one hundred eighty days. Any maintenance ordered by the court shall be in accordance with
chapter 452, RSMo.
455.080. 1. Law enforcement agencies may establish procedures to ensure that
dispatchers and officers at the scene of an alleged incident of abuse or violation of an order of
protection can be informed of any recorded prior incident of abuse involving the abused party
and can verify the effective dates and terms of any recorded order of protection.
2. The law enforcement agency shall apply the same standard for response to an alleged
incident of abuse or a violation of any order of protection as applied to any like offense involving
strangers, except as otherwise provided by law. Law enforcement agencies shall not assign lower
priority to calls involving alleged incidents of abuse or violation of protection orders than is
assigned in responding to offenses involving strangers. Existence of any of the following factors
shall be interpreted as indicating a need for immediate response:
(1) The caller indicates that violence is imminent or in progress; or
(2) A protection order is in effect; or
(3) The caller indicates that incidents of domestic violence have occurred previously
between the parties.
3. Law enforcement agencies may establish domestic crisis teams or, if the agency has
fewer than five officers whose responsibility it is to respond to calls of this nature, individual
officers trained in methods of dealing with family and household quarrels. Such teams or
individuals may be supplemented by social workers, ministers or other persons trained in
counseling or crisis intervention. When an alleged incident of family or household abuse is
reported, the agency may dispatch a crisis team or specially trained officer, if available, to the
scene of the incident.
4. The officer at the scene of an alleged incident of abuse shall inform the abused party
of available judicial remedies for relief from adult abuse and of available shelters for victims of
5. Law enforcement officials at the scene shall provide or arrange transportation for the
abused party and any children at the scene to a medical facility for treatment of injuries or to
a place of shelter or safety.
571.300. 1. When responding to the scene of an alleged act of domestic violence, a
law enforcement officer may remove a firearm from the scene if:
(1) The law enforcement officer has probable cause to believe that an act of
domestic violence has occurred; and
(2) The law enforcement officer has observed the firearm on the scene during the
2. If a firearm is removed from the scene under subsection 1 of this section, the law
enforcement officer shall:
(1) Provide to the owner of the firearm information on the process for retaking
possession of the firearm; and
(2) Provide for the safe storage of the firearm during the pendency of any
proceeding related to the alleged act of domestic violence.
3. At the conclusion of a proceeding on the alleged act of domestic violence, the
owner of the firearm may retake possession of the firearm unless ordered to surrender the
firearm under section 571.300.
571.305. A sheriff shall deny an application for or revoke a permit issued or
registration filed under section 571.090 if the sheriff finds that the applicant, or a person
who was issued a permit or has registered a firearm:
(1) Is subject to an existing order of protection prohibiting him or her from
possessing a firearm;
(2) Has been convicted of or pled guilty or nolo contendere to domestic assault; or
(3) Has been convicted of or pled guilty or nolo contendere to a violation of an
order of protection in which a firearm was used or possessed.
The provisions of this section shall apply to persons who obtained a permit and/or
registered a firearm under section 571.090 prior to the effective date of this section.
571.310. It shall be unlawful for any person to ship or transport in intrastate,
interstate, or foreign commerce, or possess in or affecting commerce, any firearm or
ammunition, or to receive any firearm or ammunition which has been shipped or
transported in intrastate, interstate, or foreign commerce if such person:
(1) Is subject to a court order that:
(a) Was issued after a hearing of which such person received actual notice, and at
which such person had an opportunity to participate;
(b) Restrains such person from harassing, stalking, or threatening an intimate
partner of such person or child of such intimate partner or person, or engaging in other
conduct that would place an intimate partner in reasonable fear of bodily injury to the
partner or child; and
(c) a. Includes a finding that such person represents a credible threat to the
physical safety of such intimate partner or child; or
b. By its terms explicitly prohibits the use, attempted use, or threatened use of
physical force against such intimate partner or child that would reasonably be expected
to cause bodily injury; or
(2) Has been convicted in any court of a misdemeanor crime of domestic violence.