What You Need to Know About Missouri Restraining Orders
Restraining orders are emotionally taxing and complicated. Dealing with a repeated harasser is overwhelming while simultaneously navigating the Missouri legal system. Here’s what to know about restraining orders in Missouri.
Restraining orders in Missouri apply to cases of abuse, domestic violence, and stalking. Two kinds of restraining orders are available in Missouri: ex parte and full orders of protection.
What are restraining orders in Missouri?
Restraining orders are court orders to prevent someone from causing you harm. In Missouri, restraining orders are also called orders of protection. A person files a restraining order as an injunction when a court tells someone they can no longer do something.
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Types of Restraining Orders in Missouri
In Missouri, two types of restraining orders exist: ex parte orders of protection and full orders of protection. An ex parte order means a judge can grant you a restraining order if good cause exists or you are in immediate and present danger. A Missouri judge may give individuals an ex parte order solely based on their petition and testimony without holding a hearing. An ex parte order is generally valid until a court hearing for a full protection order which is fulfilled after 15 days.
Missouri courts may issue full orders of protection only after a court hearing involving the victim and the abuser. Full order protections usually last for a period of time between 180 days and one year. However, they may last between two and ten years if the Missouri judge issues specific written findings that the abuser poses a serious danger to the victim.
Steps for Getting a Restraining Order in Missouri
Step 1: Get and File the Necessary Forms
To file a restraining order in Missouri, individuals must go to the circuit court in the county where they live, where the domestic violence occurred or any county where an appropriate party can serve the abuser. Then, individuals may fill out a petition for either a full order of protection or an ex parte order.
Step 2: A Missouri Judge Will Review The Petition
Once an individual files a petition, the clerk will forward it to a Missouri judge. Based on the petition, the judge will decide whether or not to issue an ex parte order. A notice of hearing will state the date and time of the full order of protection hearing.
Step 3: Service of Process
The respondent of the restraining order will receive notice of the hearing through a sheriff or police officer serving them the papers. Individuals who have filed a restraining order cannot serve the abuser themselves.
Related: What Happens If You Violate Your Own Restraining Order?
Step 4: The Hearing for Full Order of Protection
Individuals who have filed for a full order of protection must attend the hearing. If an individual does not attend the full order of protection hearing, the Missouri court may dismiss their case. If they receive an ex parte order, the order will expire, and they will have to start the process over. The judge will then decide whether or not to grant a final order of protection. If the abuser was served but does not show up for the hearing, the judge may still grant an order of protection or order a new hearing date. Individuals should hire a knowledgeable restraining order attorney to represent them in the hearing.
FAQs About Missouri Restraining Orders: The Basics
Can I get an order of protection in Missouri?
Individuals may qualify for an order of protection due to domestic violence if the abuser has committed domestic violence and the abuser is a family or household member. However, suppose the person abusing you does not fall into one of these categories. In this case, you can get an order of protection against the abuser if they are stalking you or have sexually assaulted you. Victims may have any relationship with the offender for an order of protection due to stalking or sexual assault.
Can a minor get an order of protection in Missouri?
A minor (17 years or younger) may get an order of protection but may not file their own in Missouri. Instead, the minor’s parent, guardian, or court-appointed special advocate must file a petition for a child order of protection on the minor’s behalf.
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If you or a loved one would like to learn more about Missouri Restraining Orders, get your free consultation with one of our most qualified attorneys in Missouri today!