Child Abuse: Child Orders of Protection in Missouri

In Missouri if you feel your child is in danger from another person, you may file for a child order of protection. A child order of protection is an order from a court that requires another person not to have contact with a specific child, or to only have contact with a child under specific circumstances. This can mean telephone visitation, supervised visitation, or limited unsupervised visitation. The court can also place limits on what the other party is able to do around the child. For example, the court can make an order that the other party not drink alcohol around the child or transport the child in a vehicle.

The first step in obtaining a child order of protection in Missouri is to file a petition with the Circuit Clerk's office in the county where the child resides. You do not need an attorney to do this. The Circuit Clerk's office has the forms available. There is no filing fee. A separate form must be filled out for each child. You will be asked to list the name of the child, the name of the other party and a brief description, and where the other party can be found. You will also be asked to state what type of harm you believe the other person has subjected the child to. This can include physical abuse, emotional abuse, and stalking. There are other categories as well. Neglect is not one of these categories. A child order of protection may not be issued for neglect in Missouri. If you believe the child is being neglected, the Children's Division of the Department of Social Services should be contacted.

You will also be asked to list the specific instances that you believe have placed the child in danger and which necessitate the order of protection. You need to be as specific as possible. This is a sworn statement, so telling the full truth is very important. The judge will review this portion to determine if a temporary order of child protection needs to be issued or whether a notice of hearing is more appropriate. If the judge issues a temporary order, then it is in effect as soon as the other party is served and will remain in effect until the court date for the hearing. If the judge issues a notice of hearing, then there is no order but a court date will be set and you will be able to present your case as to why the order is necessary.

After the judge determines which course to take, the opposing party will be served by the Sheriff of the county with either the temporary order or the notice of hearing. They will have the opportunity to appear at the hearing and tell the judge why the child order of protection should not be issued. It is important to bring any evidence or witnesses you have to this hearing with you. If the opposing party fails to appear for the hearing, the order will generally be issued. If the opposing party appears, the judge will speak to both parties to find out if the other party consents to the order or does not consent. If they do not consent, a hearing will be held. If the judge determines the other party to be a danger to the child, then the full order of child protection will be entered.

If the judge determines the other party is not a danger or the law does not allow the order to be entered in a specific circumstance, the petition will be dismissed. You are allowed to have an attorney represent you at the hearing if you wish; however, many people do not hire an attorney because the proceedings tend to be very informal. If you have questions about your specific situation, you should contact the Children's Division for your county to speak with a caseworker.