Is It Possible to Have an Order of Protection Removed or Modified in Missouri? Yes, it is possible to have an order of protection removed or modified in Missouri, but it requires going through the legal system and presenting valid reasons to the court. Orders of protection, also known as restraining orders, can impose significant restrictions on respondents, but there are legal pathways to challenge the order after it has been issued. An experienced order of protection defense lawyer can help you achieve the best possible resolution in your case.
Requesting the Modification of an Order of Protection
Under Missouri Revised Statutes §455.060, after a full order of protection is issued, the respondent (the person the order is filed against) may petition the court to modify the terms of the order. Modifications can range from lifting certain restrictions, such as limitations on communication or contact, to altering provisions related to shared property or custody of children.
Respondents may seek modifications due to changes in circumstances. For example:
- Shared Custody or Child Visitation: If the original order of protection disrupts custody or visitation arrangements with children, the respondent can request the court modify the order to allow safe, supervised contact.
- Employment or Residency Issues: If the order prevents the respondent from accessing their place of employment or home, they may request the order be adjusted to allow them to return to these locations.
- Mutual Agreement Between Parties: In some cases, both the respondent and the petitioner may agree to modify certain terms of the order, such as communication methods or living arrangements.
To request a modification, the respondent must file a formal motion with the court that issued the order. This motion should explain why the modification is necessary and include any supporting evidence, such as witness statements, documentation of changes in circumstances, or evidence of reconciliation with the petitioner. The court will hold a hearing to review the request, during which both parties can present their arguments for or against the modification.
Requesting Removal of an Order of Protection
In some cases, it may be possible to have an order of protection removed entirely. This is usually more difficult than modifying the order, but it can happen under certain conditions.
- Expiration of the Order: In Missouri, a full order of protection typically lasts up to one year, after which it may expire unless the petitioner requests a renewal. If the petitioner does not seek to renew the order, it will automatically be lifted, and the restrictions will no longer apply.
- Petitioning for Early Termination: A respondent may also petition the court to terminate the order early. The court will require evidence that the order is no longer necessary, such as proof that the petitioner is no longer in danger, that the respondent has adhered to the terms of the order, or that the relationship between the parties has significantly changed since the order was issued.
- Petitioner’s Request to Remove the Order: In some situations, the petitioner may decide they no longer need the order of protection and request its removal. This can occur if the petitioner and respondent reconcile, or if the petitioner believes they are no longer at risk. The court will still hold a hearing to ensure that removing the order is in the best interest of both parties and public safety.
Defending Against Ongoing Orders
While respondents can seek to modify or remove an order of protection, it’s important to understand that the court’s primary concern is the safety of the petitioner. Therefore, the burden is on the respondent to prove that the order is no longer necessary or that the modification requested is reasonable.
Additionally, violating an active order of protection—whether intentional or accidental—can lead to serious legal consequences, including criminal charges, fines, or jail time. If a respondent wishes to challenge the order, they should ensure that they are in full compliance with its terms before pursuing any modifications or removal requests.
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Served With an Order of Protection in Missouri? Call Combs Waterkotte
In Missouri, orders of protection can be modified or removed under certain conditions. Legal representation is a must when pursuing these actions, as the court carefully evaluates the safety and well-being of both parties.
If you’re seeking to modify or remove an order of protection in Missouri, contact us online or call (314) 900-HELP for a free consultation to discuss your options and the best legal strategy for your case.
