Restraining Orders ("Orders of Protection")

Restraining Orders in Missouri

Restraining orders, often referred to as orders of protection in Missouri, are designed to safeguard individuals from harassment, stalking, or abuse. Missouri law distinguishes between full orders of protection, which provide long-term relief, and ex parte orders, which offer immediate but temporary protection. Filing for an order of protection requires the petitioner to present specific facts demonstrating a threat or act of harm. While the process is designed to be accessible, the stakes can be high for both petitioners and respondents, as violations carry serious legal consequences. Professional legal assistance can ensure that your case is presented effectively and that your rights are protected throughout the process.

Legal Requirements for a Missouri Order of Protection:

In Missouri, orders of protection are governed by RSMo § 455, which provides legal remedies for individuals facing threats, abuse, or harassment. To obtain an order of protection, the petitioner must demonstrate that they are a victim of domestic violence, stalking, or sexual assault. Domestic violence includes acts of abuse such as physical harm, coercion, harassment, or placing someone in fear of harm, committed by a family or household member, as defined under the statute. Stalking, under Missouri law, involves purposeful, repeated conduct that causes an individual to feel alarmed or harassed. The petitioner must file a verified petition outlining specific incidents that meet these statutory definitions.

The court may initially issue an ex parte order of protection, providing immediate relief if the allegations suggest an imminent threat of harm. This temporary order lasts until a hearing can be held, typically within 15 days, where both parties can present evidence and testimony. For a full order of protection to be granted, the petitioner must meet the burden of proof, demonstrating by a preponderance of the evidence that the abuse or harassment occurred. Missouri law empowers courts to issue various protective measures, such as no-contact orders, custody arrangements, or temporary support, depending on the circumstances. This legal framework is designed to provide swift and effective relief for those in danger, while ensuring due process for all parties involved.