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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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My daughter has 2 children but the father has custody of 1

Customer Question

My daughter has 2 children but the father has custody of 1 of the children and they had split up and he got a exparte order against my Daughter since then they have gotten back together but that order is still in effect My concerned questions would be
1: Would that Order be null and void now since they are back together
2: Are both parents in contempt of that order
3.Are What route needs to be taken here?
Submitted: 10 months ago via Cornell Legal Info Institute.
Category: Family Law
Expert:  LegalGems replied 10 months ago.

A few minutes please as I look into this for you.

Expert:  LegalGems replied 10 months ago.

A court order is still in effect unless there is a date of termination on the face of the order, or it is later modified or terminated. For restraining orders, the proper procedure, if there is no expiration date, is to bring a request for order of termination.

The party violating the order (the restrained party) is in contempt; however, if the other party does not bring a contempt motion then generally there is no reinforcement unless there is a previously scheduled hearing to determine compliance. The standard course of action upon reconciliation however is to have the order terminated.

Information here: https://www.courts.mo.gov/file.jsp?id=69655

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Expert:  LegalGems replied 10 months ago.

Please see page 16 on the process for termination:

http://www.16thcircuit.org/data/sites/1/media/civil_records/AdultAbuseBooklet.pdf