What Happens If I Violate an Order of Protection in Missouri? Violating an order of protection in Missouri is a serious offense that can lead to a range of consequences. An order of protection, which is a civil case, can turn into a criminal case if it’s violated. Whether the violation is intentional or accidental, respondents (those who have been served with an order of protection) can face penalties including fines, jail time, and other legal repercussions.
Criminal Consequences for Violating an Order of Protection in Missouri
In Missouri, violating an order of protection is considered a criminal offense. The criminal consequences of violating an order of protection can be found in Missouri Revised Statutes §455.538. If you disobey the restrictions set by the court—such as contacting the petitioner, visiting prohibited locations, or harassing the petitioner—you can face legal action. Under Missouri law, the following consequences apply:
- First Violation:
The first violation of an order of protection is classified as a Class A misdemeanor. Penalties can include:
- Up to one year in jail
- Fines of up to $2,000
- Second Violation:
If you have previously violated a protective order in the last five years, the violation is classified as a Class E felony. Penalties can include:
- Up to four years in prison
- Fines of up to $10,000
Each violation is treated as a separate offense, meaning multiple violations can compound the penalties, making it essential to follow the order’s terms strictly.
Civil Consequences and Contempt of Court After Violating an Order of Protection in Missouri
In addition to criminal charges, violating an order of protection may result in civil penalties:
- Contempt of Court:
- Custody and Visitation:
- Additional Restraining Orders:
- Loss of Housing or Property Rights:
- Financial Penalties:
- Professional Licenses:
- Damage to Reputation:
- Future Legal Problems:
Violating an order can lead to contempt of court, which may result in fines, jail time, or other penalties imposed by the judge for disobeying a legal order.
Violating a protection order can harm custody and visitation rights, leading to supervised visits or even loss of custody, as courts prioritize child safety.
The court may issue stricter or extended restraining orders, which could limit your movements and interactions even further if violations continue.
If the protection order involves shared property, the respondent may lose access to homes or personal items, especially in domestic cases.
Respondents may be ordered to pay for damages resulting from the violation, such as medical bills or emotional distress compensation.
Violations can lead to suspension or revocation of professional licenses in fields such as law, healthcare, or teaching, depending on state regulations.
A public record of violation can harm personal and professional reputation, making it difficult to secure future employment or social opportunities.
Violations can negatively impact other legal proceedings, such as future custody hearings or lawsuits, where the court may view the respondent as unreliable.
What to Do if You’ve Violated an Order of Protection in Missouri
If you’ve violated an order of protection, it’s crucial to take immediate steps to minimize legal consequences and keep your freedoms intact:
- Comply Immediately: Stop any further contact or actions that violate the order. Continuing to violate the order can lead to more severe penalties.
- Document the Incident: If the violation was accidental or unintentional (e.g., running into the petitioner in a public place), document what happened and gather any relevant evidence that could support your case.
- Contact an Attorney: Consult with an order of protection defense lawyer as soon as possible to understand your legal options. They can build a defense to reduce or eliminate penalties, and represent you in court in front of the judge.
- Attend Court Hearings: If the violation leads to legal proceedings, be sure to attend all hearings. Ignoring a court summons will only worsen your legal situation.
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Violated an Order of Protection? Call Combs Waterkotte
Violating an order of protection in Missouri carries significant legal risks, including more restraining orders, criminal charges, fines, and jail time. If you are facing allegations of violating an order of protection, contact us online or call (314) 900-HELP for a free consultation to discuss your defense options and how we can help find the best possible resolution to your case.
