455.060. Modification of orders, when — termination, when — appeal — custody of children, may not be changed, when.
Protection orders can be changed or ended, but child custody can’t be changed through them.
This law explains how and when protection orders can be modified or terminated, who can request changes, and what happens when other family court orders are issued. It also limits what a protection order can decide about child custody.
1. The court can change a full order of protection at any time after a hearing and proper notice, if either party (or a guardian ad litem or special advocate) shows a change in circumstances. Full protection orders are final and can be appealed.
2. If a different court later issues a child custody, support, visitation, or maintenance order under another Missouri law (like chapter 452), the earlier protection order covering those same issues ends automatically.
3. Protection orders are not permanent rulings (“res judicata”) and do not block future legal actions, including divorce or custody cases.
4. If a divorce or legal separation is finalized, the protection order ends—except for parts that:
- Order the respondent to attend counseling,
- Ban domestic violence, or
- Prevent the respondent from entering the petitioner’s home—unless the respondent is awarded that home in the divorce.
5. The court must end a protection order if the petitioner files a motion to dismiss it. Before doing so, the judge can ask the petitioner questions to make sure the decision is voluntary.
6. A protection order cannot change custody of children if a divorce case is already filed or another court has already issued a custody order.
Contact us online or call (314) 900-HELP to speak with a Missouri order of protection defense attorney.
