Adult Orders of Protection in Missouri

If you have been a victim of abuse in Missouri, you may qualify for an adult order of protection. You may petition the court for an adult order of protection under certain circumstances. Orders of protection are available if you have been stalked, harassed, threatened or abused and you have a specific relationship with the perpetrator. You must be the spouse or former spouse of the abuser, have a child in common, be currently or have previously lived together as a couple, or be related by blood or marriage to the abuser. You may also apply if you have been stalked or harassed by any person, regardless of relationship.

Orders of protection are civil in nature rather than criminal. The remedy that may be granted to you is that the other party is ordered not to have any contact with you or come to your residence or work. However, violation of an order of protection is a criminal offense in Missouri. This means that if you are granted an order of protection and the other party continues to contact you, then you may file a police report and they will potentially face either misdemeanor or felony criminal charges, depending on how many times they have previously violated an order of protection.

The first step in receiving an order of protection is to file a petition. This is done at your county Circuit Clerk's office. It is a form that you must fill out. There is no filing fee. The form asks for your name and address as well as the other party's name and address, description and places they can be found. Your address may be hidden from the other party at your request if you believe that revealing it would place you in danger. The form contains checkboxes for whether you have been stalked, abused, harassed, or threatened and also for your relationship with the perpetrator. You are asked to describe in detail what the abuse has consisted of. Be as specific as possible with names, dates and places. Remember that this is a sworn statement, and you may be charged criminally with perjury if you do not tell the truth. You will also be asked what relief you are seeking. For example, if you have children in common, you are asked about visitation for the other party as well as child support. You may also request maintenance from the other party, meaning that they pay you a monetary sum if you are unable to support yourself.

After you have filed your petition, it is reviewed by a judge. The judge will read your allegations to determine whether a temporary order of protection is necessary until the hearing date or whether a notice of hearing will be issued. You will be informed of your hearing date and the other party will be served either the temporary order of protection or notice of hearing by the Sheriff.

You must appear at the hearing to receive an order of protection. It is not necessary to be represented by an attorney. If the other party does not appear after proper notice, then the order will be granted. If the other party does appear, the judge will most likely speak to both parties. The judge will give the other party an opportunity to consent to the order of protection. If they consent, they are not admitting to the allegations in the petition, but they are agreeing to stay away from you. A temporary order for a period of six months to one year is entered. If they do not consent, a hearing will be held. You will be given the opportunity to present any evidence or witnesses you have. Your evidence may consist solely of your testimony- this is often enough. The other party will also have the opportunity to put on evidence and witnesses. This is an informal proceeding and most often the rules of evidence are not applied. If the judge believes that the other party has committed the acts you allege and that these acts amount to stalking, abuse, harassment or threatening a full order of protection will be entered. If the judge does not believe that the acts occurred or that they do not meet the legal definition of any of these offenses, your petition will be dismissed.