Missouri Domestic Violence Temporary Restraining Orders

When an abuser is a family or household member, the victim often needs protection right away. The abusive crimes of domestic violence can obliterate families and homes. Missouri offers relief through domestic violence orders of protection. These Missouri court restraining orders can provide immediate protection from abusers.

Given the speed with which an abusive relationship can turn violent, knowing how to get an order of protection is important. This article explains what Missouri considers domestic violence, how an order of protection works, and the best way to get one quickly. Read on for a better understanding of what a court order, like a Missouri domestic violence temporary restraining order, can do.

Missouri Domestic Violence Temporary Restraining Orders – What Is Domestic Violence?

To understand how an order of protection can help an abuse victim, it’s important to know what Missouri considers domestic violence. Not all crimes qualify, nor do all people. For a detailed examination of domestic violence, consult FindLaw’s Missouri Domestic Violence Laws article. Let’s take a look at the requirements for domestic violence classification and the types of orders available.

Missouri and Domestic Violence: Offenses

Domestic violence crimes center around power and control. An abuser looks to dominate their victim through threats, intimidation, coercion, and violence. A victim who feels helpless is easier to manipulate and control.

Victims are often at the mercy of their abuser. Freedoms are denied by types of abuse that often include financial deprivation, humiliation, and sexual assault. Missouri considers the following categories of abusive offenses eligible for domestic violence classification when occurring between qualified participants:

• Abuse, which includes:
  • Assault
  • Sexual assault
  • Battery
  • Coercion
  • Harassment
  • Abusing a pet
  • Unlawful imprisonment
• Stalking (a course of conduct that causes alarm)

Any crime that falls under one of these categories has the potential of being labeled as domestic violence. For example, sexual assault covers any involuntary engagement in a sexual act due to force, threatened force, duress, or lack of consent.

Missouri and Domestic Violence: Participants

Abusive acts can happen in any relationship, or a lack of one. For domestic violence classification, a qualifying act must occur between family or household members. The familiarity is one of the reasons these incidents are so devastating. Under Missouri law, family members and household members are:

• Spouses
• Former spouses
• Family through consanguinity (blood relatives)
• Family through marriage (stepfamily and in-laws)
• People with a child in common
• People residing together
• People who have resided together
• People in an active social relationship of an intimate or romantic nature

Domestic violence crimes can’t happen between casual acquaintances, co-workers, or strangers. Offenses open to prosecution can occur, but they aren’t considered domestic violence in Missouri.

Missouri Domestic Violence Temporary Restraining Orders – Domestic Violence Orders of Protection

Victims of domestic abuse can use an order of protection as a means of escape. These temporary restraining orders use provisions to keep an abuser away from and out of contact with their victim. They can also address issues such as child custody, child support, and possession of any shared pets.

If you’re suffering abuse or living in fear of imminent abuse, call 911. Missouri law enforcement receives specialized training for domestic abuse calls. They’ll assess the situation to determine the primary physical aggressor, who is then arrested if the officer has good cause to believe domestic violence has occurred.

A petitioner (victim) files an order of protection petition at a circuit court in the county where the petitioner resides, where the alleged incident of domestic violence occurred, or where the abuser (respondent) may be served. If the court is closed, the petitioner can file for emergency relief at any available court in the county having jurisdiction. This lasts until the next business day.

Forms are available at a courthouse or are downloadable online. If possible, get help from a domestic violence advocate near you. They have experience completing petitions, affidavits, and other court forms for restraining orders. A Missouri domestic violence attorney is also a valuable resource.

The petition is filed with the clerk’s office of your local circuit court. The circuit clerk can help with technical questions, but does not offer legal advice. One of the court clerks takes the petition to a judge, who may have additional questions for you. If you convince the judge that the respondent (abuser) is an active threat, the court will issue an ex parte order of protection.

This order of protection is temporary. Ex parte means it orders relief without the court speaking to the respondent. Ex parte orders of protection last 15 days or until the court hearing. This is extendable if law enforcement has difficulty serving the order to the respondent.

Once the temporary order of protection is served, it is enforceable. Each order of protection contains provisions tailored to fit the victim’s needs. While a full order of protection has a wider scope of effect, a temporary order of protection has powerful provisions as well:

• The respondent (abuser) can’t commit or threaten to commit additional domestic violence offenses that include molesting, stalking, sexual assault, or disturbing the peace of the petitioner (victim)
• The respondent can’t enter a dwelling where the petitioner resides
• The respondent can’t initiate any contact with the petitioner (non-contact order)
• The court can assign a temporary order of child custody in the best interests of the minor child
• The court can assign a temporary order of possession of pets

An ex parte order of protection can contain some, all, or none of these provisions. The court can add any provision it deems necessary for the victim’s safety. Any violations by the respondent are punishable.

If the other party chooses not to dispute the order, the court can make it a full order of protection at the case hearing. If the respondent opposes the order, both of you can present your side of the story at the case hearing, including the sharing of evidence and testimony by witnesses.

The court will issue the full order of protection if they believe that the victim suffered domestic abuse and the threat remains. The conditions from the ex parte order are carried over and can be amended or added to. Common full order provisions include:

• Ordering the respondent to attend mandatory batterers’ intervention or substance abuse treatment programs
• Awarding child custody if necessary
• Establishing a visitation schedule with the best interests of the child in mind
• Establishing child support
• Establishing spousal support for the petitioner if there was a marriage
• Ordering the respondent to make rent or mortgage payments on the petitioner’s dwelling
• Ordering the respondent to pay rent for the petitioner if they have found alternate lodgings
• Awarding the petitioner temporary possession of personal properties (checkbooks, keys, automobiles)
• Ordering the respondent not to sell any shared property
• Ordering the respondent to pay the medical expenses of the petitioner, costs for domestic violence resources, attorney’s fees, and court costs
• Awarding possession of any pets to the petitioner
• Ordering the respondent to sign over control of a shared wireless telephone account

The court can add any provision it deems necessary. Full orders of protection last between 180 days and a year. They are renewable. The full order can last for a period of time between two and 10 years if the court finds that the respondent poses a serious danger to the petitioner’s physical or mental health.

Orders of protection issued in Missouri are valid anywhere in the United States, its territories, and tribal reservations under federal law. Missouri grants reciprocity and full faith to orders from other states. All orders and injunctions are entered into the Missouri Uniform Law Enforcement System (MULES) and the National Crime Information Center (NCIC).

Missouri Domestic Violence Temporary Restraining Orders – Violations

Penalties for violating orders of protection in Missouri are strict. A first offense can involve jail time. In addition to possible contempt of court charges, violations of Missouri restraining orders include the following:

• Violation (class A misdemeanor): Up to a year in jail and a fine of up to $2,000
• Any violation within five years of a previous violation (class E felony): Up to four years in prison or a year in jail and a fine of up to $10,000

Offenders also face enhanced penalties for the crimes committed during the violation. Mandatory batterers’ treatment programs are a possibility as well. If you’ve violated a Missouri domestic violence temporary restraining order, you’re facing serious repercussions. Speak with a Missouri criminal law attorney as soon as you can.

Related Resources:

• Missouri Coalition Against Domestic and Sexual Violence
• National Domestic Violence Hotline (1.800.799.7233)
• Missouri Order of Protection Brochure
• Domestic Violence FAQ
• Missouri Court Locator

Need Legal Help With a Domestic Violence Temporary Restraining Order in Missouri? Speak to an Attorney

If you’re in danger of abuse, call 911. When you’re ready to take your life back from your abuser, reach out to a Missouri domestic violence attorney. An expert in family law who understands how state courts operate can help you build a better future.

Violation of an order of protection carries serious criminal charges. Trying to understand the legal information is frustrating. If you’re in over your head, it’s time to talk to a Missouri criminal law attorney. They’ll help you through preliminary injunctions, bond hearings, and everything else you’ll face.