How to Get an Order of Protection in Missouri
Step-by-step overview of Missouri’s Order of Protection process for domestic violence survivors.
Understanding Missouri Orders of Protection
What Are Missouri Orders of Protection?
Orders of protection in Missouri are legal documents issued by a court to help protect individuals who feel threatened or unsafe due to another person's actions. These orders can restrict contact and set conditions to provide a safer environment.
Who Can Apply for an Order of Protection?
Generally, any person who believes they are a victim of domestic abuse, stalking, harassment, or assault can apply for an order of protection. This includes family members, household members, or those in intimate relationships. The application is made through the local court system.
Temporary Order, Service, and Full Hearing
- Temporary Order: After an application, a judge may issue a temporary order quickly to provide immediate protection before the other party is notified.
- Service: The temporary order and hearing notice must be officially delivered to the person the order is against. This process is called service.
- Full Hearing: A court hearing follows where both parties can present their information. Based on this, the court decides whether to issue a full order of protection.
Relief Options Provided by the Order
The specific protections in an order of protection can vary but often include:
- Ordering the respondent to stay away from the protected person and their home, workplace, or school
- Prohibiting contact in any form, including in-person, phone calls, or electronic communication
- Addressing child custody or visitation matters related to safety concerns
- Excluding the respondent from shared residence
- Additional measures the court finds necessary to reduce risk
Duration of Missouri Orders of Protection
Orders of protection may last for different lengths of time depending on the circumstances and type of order. Temporary orders usually remain in effect until the full hearing. Full orders can last up to one year or longer, with the possibility of renewal if needed.