Defective Service

The Missouri Court of Appeals, Eastern District – ED107247, had a ruling K.M.R., Respondent, vs. D.G.B., III, Appellant. Personal jurisdiction is a condition of a circuit court’s authority to issue an order of protection. Before a hearing on the petition; statutes require three days’ notice, from service of a petition or on any ex-parte order of protection.  Actual notice is not a substitute. On a motion to quash, the burden of proof falls on the person asserting personal jurisdiction. Return of service is prima facie evidence of the facts that the return of service alleges, but clear and convincing evidence can rebut such recitations, and the return of service did not even allege service of the petition. Remanded with directions to dismiss. 

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