Legal Question in Family Law in Missouri

My best friend is married to a man that hit someone head on in his vehicle and killed them. He was badly injured in the accident but was charged with involuntary manslaughter & drug trafficking. He is currently out on bail. He is monitored (via leg bracelet), for any drug or alcohol usage along with being house bound most of the time. Since the accident, his demeanor has been becoming more volatile. A head injury was not diagnosed at the time of the accident but it is not unusual for it to show up later. He is now extremely verbally abusive to my best friend and there are three small children in the house � ages 11, 4 and 4 (twins). My friend, along with the children, are starting to feel uncomfortable in their environment. The kids do not wish to take sides in this matter, particularly the 11 year old whose father has now started trying to turn him against his mother with some of the things he says. She is now getting physically sick from the constant verbal abuse. The abuse starts from the time she gets up in the morning until the time she walks out the door to get the kids to daycare and herself to work. It starts again from the time she walks into the door at night until she goes to bed. The cycle repeats itself the next day and the next, etc. I know that she is not thinking clearly and is not sure what to do. I am very concerned about her and the kids. I want to help but I am not sure what needs to be done which is why I am asking: What are my best friend�s options in this situation? Is there anything that I can do to protect my friend and her children? Thank you!


Asked on 6/15/10, 12:49 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Your friend can file for an Order of Protection under the Adult Abuse Act. She can hire an attorney to help her or do this without an attorney. The Court will issue an Ex Parte Order restraining the man from entering the home or approaching your friend wherever she might be. After a hearing the Ex Parte Order will be converted to a Full Order of Protection which can be renewed periodically if need be. The Court Order can award custody of the kids to her and order the father to pay child support. I would strongly recommend taking some action. She may call me for a free telephone consultation.

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Answered on 6/15/10, 3:55 pm


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