Resource for a Recourse: Online Resource Center for Survivors of Abuse

MISSOURI : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Domestic violence includes:

Assault - threatening someone with physical harm
Battery - physically injuring someone with or without a weapon
Coercion - using force or threats to compel someone to engage in conduct against their will, or using force to prevent someone from conduct in which they are entitled to engage
Harassment - behavior which disturbs another person, such as following them, looking in their windows, or lingering outside their residence
Sexual assault - forcing someone to engage in any sexual act against their will
Unlawful imprisonment - holding, confining, detaining or abducting another person against their will
Under certain circumstances destruction of property may also constitute domestic violence.

An order of protection protects you from abuse by a family or household member, including:

a spouse
a former spouse
someone you live or lived with, even if you aren't married
a parent or other person related to you by blood or marriage
someone you are dating or have dated
a same-sex partner who you are dating, have dated, live with, or lived with
someone with whom you have had a child, even if you never lived together or were married

Types of protective orders:

Ex parte orders of protection

Ex parte is Latin for "from one side." If you are in immediate danger and have been abused or threatened with abuse, a judge may grant you an ex parte order. A judge may grant you the order based solely on your evidence and testimony, and without holding a hearing. Ex parte orders may be granted without the abuser's knowledge or consent.

The purpose of an ex parte order is to offer you temporary and immediate protection until your court hearing for a full order of protection, which will take place within 15 days of filing your petition.

Ex parte orders are granted only if you can prove to the judge through your testimony or evidence that the order is necessary to prevent immediate harm to you or your family.

An ex parte order lasts until your court hearing for a full order of protection, which will take place within 15 days of filing your petition.

If you ask for an ex parte order but the judge doesn't give you one, you should get a "Notice of Hearing" instead. Although this is not an order protecting you, it does mean you have a date and time for a hearing, where the judge will decide whether or not to grant you a full order of protection. To get a full order of protection, you will need to go to court to present your evidence fully to the judge.

Full orders of protection

A full order of protection can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story.

A full order of protection will protect you for a period of not less than 180 days, and not more than one year. Full orders may be extended

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Benefits:

A full order of protection can:

Forbid the abuser from abusing you, threatening to abuse you, or harassing you while the order is in effect
Forbid the abuser from entering your home while the order is in effect
Forbid the abuser from having any contact with you while the order is in effect.
Award you temporary custody of your children
Award you child support
Award you spousal support if you are married to the abuser
Order the abuser to pay rent or your mortgage payments, under certain circumstances
Order the abuser to participate in a court-approved counseling program
Order the abuser to pay a reasonable fee for housing and other services by a shelter for victims of domestic violence
Order your abuser to hand over any firearms in his possession and forbid him from buying firearms
Order your abuser to pay any uninsured medical expenses you incurred as a result of the abuse

Whether a judge orders any or all of the above depends on the facts of your case.

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Costs:

There are no fees for filing for an order of protection. Missouri law does not allow the courts to charge the Petitioner (the one who is filing for an order). After the hearing, the court may order the Respondent (your abuser) to pay the filing fees. Filing fees vary from county to county but average around $100.

You do not need an attorney to file for an order of protection, but it is always better to have one if you can. If your abuser has an attorney you should try to get one also. If you hire a private attorney, you will have to pay your lawyer. If you cannot afford a lawyer, a legal aid provider in your area may be able to help you for free or a low fee.

In many places, local domestic violence or sexual assault programs and/or clerks' offices can help you file for a protective order.

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Violations:

Call the police or sheriff, even if you think it is a minor violation, and tell them that you have an order of protection. The police can arrest and/or jail the abuser. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

If your abuser violates the order, you can also file a Motion for Civil Contempt and/or for Criminal Contempt. This can be tricky, so it is a good idea to try to get a lawyer to help you if you can. Some courts have fill-in-the-blank motions, which you can use if you do not have an attorney.

Also, the judge may schedule a review hearing at any time to determine whether the abuser is following the order.

Also, there is a filing fee for filing these motions, but it can be waived if you fill out another form explaining why you can't pay. (This is called a Motion to File In Forma Pauperis.)

The Process for Civil Contempt

You can file a Motion for Civil Contempt when the Respondent (your abuser) has not violated the order of protection by abusing you, but has not complied with one of the other provisions that are not enforced by the police (for example, your order of protection says he must pay child support, but he didn't pay when he was supposed to). You file for this at the courthouse where your order of protection was granted. You will also have to fill out an Order to Show Cause. This orders the Respondent to appear in court on the date designated to answer to the Contempt Motion. Once the Motion is filed, the Respondent must be served.

On the court date, you will present your evidence saying how the Respondent violated the order and the Respondent will get a chance to respond. If the Respondent doesn't have a really good reason for disobeying the order of protection, the judge can find him in Contempt of Court that day. That means the judge can jail the Respondent until he does what he was supposed to do (for example, pay all past due child support) or can fine him an additional amount as punishment. The purpose is not punishment so much as to make the Respondent follow the order of protection.

The Process for Criminal Contempt

Criminal contempt is all about punishment, not compliance, and you generally file for Criminal Contempt in cases where the abuser is criminally violating the order of protection, by stalking or phone harassment, for example. The process would be the same as for the Civil Contempt. However, it is important that you speak to a lawyer before you file a Motion for Criminal Contempt because it can be tricky if you are also filing a Motion for Civil Contempt. It is also helpful to have a lawyer because many judges don't like to do criminal contempt, fearing that it could get in the way of prosecuting the abuser in the future.

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