Truly Agreed, 2015


View proposed language

HCS SCS SB 341, 2015    (Amended Section - as Truly Agreed)    

455.520. 1. Any ex parte order of protection granted under sections 455.500 to 455.538 shall be to protect the victim from domestic violence [or], stalking, or sexual assault and may include such terms as the court reasonably deems necessary to ensure the victim's safety, including but not limited to:
     (1) Restraining the respondent from committing or threatening to commit domestic violence, stalking, sexual assault, molesting, or disturbing the peace of the victim;
     (2) Restraining the respondent from entering the family home of the victim except as specifically authorized by the court;
     (3) Restraining the respondent from communicating with the victim in any manner or through any medium, except as specifically authorized by the court;
     (4) A temporary order of custody of minor children.
     2. No ex parte order of protection excluding the respondent from the family home shall be issued unless the court finds that:
     (1) The order is in the best interests of the child or children remaining in the home;
     (2) The verified allegations of domestic violence present a substantial risk to the child or children unless the respondent is excluded; and
     (3) A remaining adult family or household member is able to care adequately for the child or children in the absence of the excluded party.


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