Understanding the legal framework behind orders of protection in Missouri will help you contest them effectively. In this chapter, we’ll cover the statutes that govern protection orders, the civil and criminal implications of violating an order, and the court process that follows being served.
Missouri Statutes and Laws on Protection Orders
In Missouri, orders of protection are governed by 455 of the Missouri Revised Statutes — Abuse — Adults and Children — Shelters and Protective Orders. This chapter lays out the criteria and process for obtaining a protection order, as well as the rights of both the petitioner (the person seeking protection) and the respondent (the person the order is filed against).
One of the key aspects of the law is the burden of proof. To obtain a Full Order of Protection, the petitioner must prove that it is “more likely than not” that the alleged abuse, harassment, or stalking occurred. This standard, known as preponderance of the evidence, is lower than the “beyond a reasonable doubt” standard used in criminal cases. Essentially, the judge must believe that the petitioner’s claims are more likely to be true than false.
How Long Do Orders of Protections Last in Missouri?
If the petitioner does not meet the burden of proof, the order will not be granted. If the judge determines that the evidence does meet the preponderance of evidence standard, they will issue a Full Order of Protection, which can last from 180 days to 10 years depending on the circumstances.
Missouri Revised Statute §455.040 dictates how the court decides how long an order of protection can last. In Missouri, the length of an order of protection depends on the specific circumstances of the case, and the court’s assessment of the level of danger posed by the respondent.
- Full Order of Protection
- After a hearing, the court can issue a full order of protection for at least 180 days but no more than 1 year.
- However, if the court determines that the respondent presents a serious danger to the physical or mental health of the petitioner or a minor household member, the order can last for at least 2 years and up to 10 years.
- Renewal of the Order
- Upon the petitioner’s request, a full order of protection may be renewed annually. In serious cases where the court finds that the respondent remains a significant threat, the renewal can extend the order for at least 2 years and up to the lifetime of the respondent.
- Automatic Renewal
- The court can include a provision for automatic renewal unless the respondent objects 30 days before the order expires. If no hearing can be held before the original expiration date, an ex parte order may be issued to maintain protection until a new hearing is held.
Civil vs. Criminal Implications of an Order of Protection
While the order of protection itself is a civil matter, the consequences of violating that order can quickly lead to criminal charges:
- Civil Nature of the Order: An order of protection is meant to address issues like harassment, stalking, or abuse in a civil manner, without involving criminal charges unless the terms of the order are violated. The purpose is to protect the petitioner from future harm or criminal acts by legally limiting the respondent’s actions (e.g., prohibiting contact, staying away from certain locations).
- Criminal Consequences of Violating an Order: Once an order is in place, any violation of its terms is considered a criminal offense under Missouri law (RsMO §455.085). A first-time violation is typically charged as a Class A misdemeanor, which could result in up to one year in jail and/or a $2,000 fine. However, if you have a prior violation or if the violation involves serious misconduct, you could be charged with a Class E felony, which carries more severe penalties, including up to four years in prison. These criminal charges are separate from any criminal charges from stemming from your alleged actions during the violation, for example, if you’re accused of criminal stalking.
- Federal Firearms Ban: Another critical aspect of an order of protection is the potential for a federal firearms ban. Under 18 U.S.C. § 922(g), individuals who are subject to a Full Order of Protection are prohibited from purchasing or possessing firearms. This is particularly significant if you work in law enforcement, security, or any profession that requires the use of a firearm. Violating this federal law can result in up to 10 years in prison and significant fines.
The Order of Protection Court Process in Missouri
If you’ve been served with an Ex Parte order, the court process follows a strict timeline. Missouri law requires that a Full Order hearing be held within 15 days of the issuance of the Ex Parte order, although it can be extended if necessary.
- Step 1: Ex Parte Order: The process begins with the petitioner requesting an Ex Parte order. This is an emergency, temporary order that can be granted without the respondent being present or informed beforehand. The Ex Parte order provides immediate protection to the petitioner and remains in place until the Full Order hearing.
- Step 2: Full Order Hearing: The Full Order hearing is your opportunity to contest the claims made by the petitioner. At the hearing, both sides (and your attorneys) will have the opportunity to present evidence, call witnesses, and cross-examine each other. The judge will review all the evidence before deciding whether to grant or dismiss the Full Order of Protection.
- Presenting Your Case: You can present any evidence that disproves the petitioner’s claims, such as text messages, emails, social media communications, and witness testimony. It is essential to stay composed, consult with an order of protection defense attorney, and present a clear and factual defense.
- Outcome of the Hearing: After reviewing the evidence, the judge will either grant the Full Order or dismiss the Ex Parte order, meaning no further legal restrictions will be placed on you. If the order is granted, you will need to strictly comply with its terms to avoid criminal consequences.
In the next chapter, we’ll dive into the steps you should take immediately after being served with an Ex Parte order, and how to start preparing for your Full Order hearing.
