Missouri Protective Orders Laws

Victims of domestic violence, stalking, and sexual abuse always have the option of filing criminal charges against their abuser. But, most states also offer civil recourse as well. Missouri, for example, allows victims to apply to the court for both ex-parte orders of protection and full orders of protection.

Unfortunately, many domestic violence victims aren't aware that they have these options. Others are afraid to ask the courts for relief because they fear their abuser will find out and hurt them further.

Here, we'll explain how these types of orders work in Missouri. We will explain the different court orders you can request and the requirements for relief. If you're experiencing abuse or domestic violence, reach out to your local court clerk's office and ask for the necessary forms. You should also reach out to a family law attorney for help.

Who Can Apply for a Protection Order in Missouri?

According to Missouri Revised Statutes Section 455.010 (12), only certain people can request an order for protection from the circuit court. You also must have good cause to petition the court for this order.

Under Missouri law, the following people can file a petition for an order of protection:

• Family members
• Household members
• Victims of stalking
• Sexual abuse victims
• The parents of a minor child suffering physical harm at the hands of a family or household member

When determining whether good cause exists, the court will first listen to your side of the story. If the judge believes you are in danger of sexual abuse, stalking, or domestic violence, they will likely issue an ex parte order of protection. This is a temporary order that the court can convert into a full order of protection after conducting a court hearing.

Ex Parte Order of Protection vs. a Full Order of Protection?

You must file a petition for an order of protection with your local circuit court. You can file this petition for yourself if you're experiencing adult abuse or on behalf of your children (if you're the custodial parent). Before getting a full order of protection, most petitioners receive an ex parte order of protection.

An ex parte order of protection is temporary. The courts issue these orders when the petitioner is in imminent fear of present danger, violence, or physical harm. Rather than make the victim wait until the hearing date, the court issues an immediate order to protect the victim during the interim. The petitioner must then complete service of process on the respondent.

After getting your ex parte (temporary) order, you must attend a court hearing where the judge will determine whether a permanent order of protection is warranted. For example, the judge may decide that it's in the best interests of the child to keep them away from an abusive parent or family member. If so, the judge will issue a child order of protection or, in some cases, a restraining order.

In cases involving children, the court may modify an existing child custody order. If this is the case, they may also have to change your visitation schedule and child support order.

Once the judge establishes good cause for court intervention, they will order a full order of protection. These orders usually stay in place for 180 days to one year.

Does a Temporary Order Automatically Become a Full Order of Protection?

Missouri law allows the court to issue temporary orders for up to 15 days or whatever period of time the court deems appropriate. Most temporary orders of protection require the respondent to stay a specific distance away from the petitioner.

A temporary order may also demand that the respondent stay off a specified parcel of property and refrain from contacting the petitioner. This also applies to any children or dependents involved. In cases where the custodial parent is abusive toward the child, the court may award custody to the non-custodial parent (petitioner).

Legitimate Purposes for a Protection Order

The court will not issue an order of protection unless there is a legitimate reason. This could vary from a recent domestic violence arrest to a spouse's threat of force upon their partner.

Some of the common reasons for an order of protection include:

• Physical abuse of a child or adult
• Child sexual abuse
• Stalking
• Unlawful imprisonment
• Domestic violence

The court will also consider whether a prior order was in place at the time of the petition. If the person named in the order violates an order of protection, the court will take further action against them.

Missouri Protective Orders Laws: At a Glance

Below, you'll find the highlights of Missouri's protective order laws. You can also visit FindLaw's Domestic Violence section for more information and resources.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state laws.

If someone is hurting or threatening to hurt you, resources are available. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you're suffering abuse or fear someone may abuse you in the future, contact a Missouri domestic violence attorney for help.

Missouri Protective Orders Laws: Related Resources

• Orders of Protection and Restraining Orders
• How To Stop Domestic Violence
• Mo. Coalition Against Domestic and Sexual Violence: How To Get Help