Who Can File

• Typically, only the person who is claiming abuse can file for an Order of Protection. In the case of a minor child (anyone under 18) an adult (a parent, guardian, court-appointed special advocate or a juvenile officer) can file for a Child Order of Protection on behalf of the minor.
  
  

Conditions for a Child Protection Order

• A Child Protection Order can be filed against an adult who currently or in the past lived in the home with the child or who is stalking the child. Child Orders of Protection can be filed against adults 18 years old or older or an emancipated minor.
  
  According to Section 455.501(1) of Missouri law, "abuse" includes "any physical injury, sexual abuse, or emotional abuse inflicted on a child, other than by accidental means, by an adult household member or the stalking of a child." Reasonably administered discipline, including spanking, does not qualify as abuse.
  
  According to Section 455.501(10) RSMo, "stalking" occurs when an adult "purposely and repeatedly engages in an unwanted course of conduct that would cause alarm to a reasonable person." To be considered "repeated," there must be two or more incidents; "unwanted course of conduct," such as following or unwanted contact, is behavior with no legitimate purpose.
  
  

Petition Information

• On the Petition for a Child Order of Protection, the person who is filing needs to give information about the child, the alleged abuser, and the alleged abuse.
  
  You will need to explain the respondent's relationship to the child, and provide a physical description and location for the respondent.
  
  The Petition will also include questions regarding who owns the home in which the child lives, custody requests, and a detailed description (including dates and places) of where the abuse occurred. On the form, you can also indicate the desired terms of the Order of Protection.
  
  

Terms

• A Child Order of Protection can force an abuser to stay out of the child's home; pay child support or make payments on the child's home; attend child abuse counseling; pay for any treatments the child may need; pay for any services or shelter the child may need; and award custody. Such an order can also prohibit the alleged abuser from actually or threats of abuse, stalking, molesting, having any contact with, or disturbing the peace of the child victim.
  
  A Child OP can be granted for up to 180 days, and can be renewed twice, for up to 180 days each time.
  
  

Fees

• There are no fees to file for a Child Order of Protection. Once such an order has been issued, the abuser may be required to pay all the child's court fees.