Missouri Missouri

Alimony Guide - Spousal Support Laws

Missouri | Duties of Child Protective Services in Domestic Violence Cases

Statute(s)

  • § 210.145

Official Law Text

			    			Prohibits persons responding to or investigating a child abuse and neglect claim from calling, prior to a home visit, or leaving documentation of any attempted visit when the person has a reasonable basis to believe the family has a history of domestic violence or fleeing the community.
			    			

Missouri | Domestic Violence and Military Deployment

Statute(s)

  • § 452.413

Domestic Violence Specific Provisions

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			    			However, if a valid order of protection from this or another jurisdiction is in effect that requires that the address or contact information of the parent who is not deployed be kept confidential, the notification shall be made to the court only, and a copy of the order shall be included in the notification. There is a rebuttable presumption that a deployed parent's visitation rights shall not be delegated to a family member who has a history of perpetrating domestic violence as defined under § 455.010 against another family or household member, or delegated to a family member with an individual in the family member's household who has a history of perpetrating domestic violence against another family or household member.
			    		

Official Law Text

			    			An existing order establishing the terms of custody or visitation in place at the time a military parent is deployed may be temporarily modified to make reasonable accommodation for the parties due to the deployment. Upon motion of the deploying parent or upon motion of a family member of the deploying parent with his or her consent, the court may delegate his or her visitation rights, or a portion of such rights, to a family member with a close and substantial relationship to the minor child or children for the duration of the deployment if it is in the best interest of the child.
			    		

Missouri | Domestic Violence Mediation

Statute(s)

  • § 452.372

Can court mandate mediation in custody cases?

			    			Yes. In cases involving custody or visitation issues, the court may, except for good cause shown, order the parties to participate in an alternative dispute resolution program to resolve any issues in dispute or may set a hearing on the matter.
			    		

Are there provisions?

			    			Yes. “Good cause" includes a finding of domestic violence or abuse as determined by a court with jurisdiction after all parties have received notice and an opportunity to be heard.
			    		

Who can mediate?

			    			Qualifications are listed separately in individual local court rules.
			    		

Missouri | Domestic Violence Primary Aggressor

Statute(s)

  • § 455.085

Official Law Text

		    			When an officer makes an arrest he is not required to arrest two parties involved in an assault when both parties claim to have been assaulted. The arresting officer shall attempt to identify and shall arrest the party he believes is the primary physical aggressor. The term "primary physical aggressor" is defined as the most significant, rather than the first, aggressor. The law enforcement officer shall consider any or all of the following in determining the primary physical aggressor: (1) the intent of the law to protect victims of domestic violence from continuing abuse; (2) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (3) the history of domestic violence between the persons involved. No law enforcement officer investigating an incident of family violence shall threaten the arrest of all parties for the purpose of discouraging requests or law enforcement intervention by any party. Where complaints are received from two or more opposing parties, the officer shall evaluate each complaint separately to determine whether he should seek a warrant for an arrest.
		    		


** This Document Provided By MaritalLaws **
Source: http://www.maritallaws.com/states/missouri/domestic-violence