LegalFix

Section 589.663 Program created, purpose, procedures.

MO Rev Stat § 589.663 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Effective 28 Aug 2018

589.663. Program created, purpose, procedures. — There is created in the office of the secretary of state a program to be known as the "Address Confidentiality Program" to protect victims of domestic violence, rape, sexual assault, human trafficking, stalking, or other crimes who fear for their safety, as well as the safety of individuals residing in the same household as the victim, by authorizing the use of designated addresses for such victims, their minor children, and individuals residing with them. The program shall be administered by the secretary under the following application and certification procedures:

(1) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person may apply to the secretary to have a designated address assigned by the secretary to serve as the person's address or the address of the minor or incapacitated person;

(2) The secretary may approve an application if it is filed with the office of the secretary in the manner established by rule and on a form prescribed by the secretary. A completed application shall contain:

(a) The date the application was prepared, the applicant's signature, and the signature and registration number of the application assistant who assisted the applicant in applying to be a program participant;

(b) A designation of the secretary as agent for purposes of service of process and for receipt of first class mail, legal documents, and certified mail;

(c) A statement that the applicant has good reason to believe that he or she:

a. Is a victim or resides in the same household as a victim; and

b. Fears future harm;

(d) A mailing address where the applicant may be contacted by the secretary or a designee and the telephone number or numbers where the applicant may be called by the secretary or the secretary's designee; and

(e) One or more addresses that the applicant requests not be disclosed for the reason that disclosure will jeopardize the applicant's safety or increase the risk of violence to the applicant or members of the applicant's household;

(3) Upon receipt of a completed application, the secretary may certify the applicant as a program participant. A program participant is certified for four years following the date of initial certification unless the certification is withdrawn by the applicant or cancelled by the secretary before that date. The secretary shall send notification of an expiring certification and a renewal form to a program participant at least four weeks prior to the expiration of the program participant's certification. The renewal need only be signed by the applicant and need not be made before an application assistant;

(4) The secretary shall forward first class mail, legal documents, and certified mail to the appropriate program participants;

(5) This section shall be liberally construed as to not hold omissions by the secretary against participants or applicants.

­­--------

(L. 2007 H.B. 583, A.L. 2016 H.B. 1562, A.L. 2018 H.B. 1461)

(2019) Section which shields program participant actual residential address from disclosure is violated when dissolution judgment orders the disclosure of minor child's actual address who is residing with program participant. Hannah v. Hannah, 568 S.W.3d 451 (Mo.App. W.D.).

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 589.663 Program created, purpose, procedures.