If you’ve recently been served with an order of protection in Missouri, you might be feeling confused, frustrated, or overwhelmed. Or you might just be wondering what the heck is going on. The legal terms and processes can be intimidating, especially if this is your first encounter with the court system. In this chapter, we will break down the basics of orders of protection in Missouri, focusing on what they mean, the types you might encounter, and the potential consequences of having one filed against you.
Definition and Types of Orders of Protection in Missouri
An Order of Protection is a legal document issued by a court to protect one person (the petitioner) from another person (the respondent). It typically aims to prevent contact between the two parties to protect the petitioner from threats, violence, harassment, or stalking. Orders of protection are often associated with domestic violence cases, but they can also be filed in situations involving stalking or harassment by someone outside the family.
There are two main types of orders of protection in Missouri:
- Ex Parte Order of Protection:
- This is a temporary protection order granted without the respondent being present. It is often issued based solely on the petitioner’s claims of abuse, stalking, or harassment.
- Because Ex Parte orders are emergency measures, they are usually granted quickly and can take effect immediately once issued. Missouri Revised Statute §455.035 stipulates that for an Ex Parte order to be granted, there must be “good cause,” which constitutes an “immediate and present danger of domestic violence to the petitioner or the child.” Whether or not there is good cause to grant the order will depend on the judge’s evaluation of the facts of the case.
- An Ex Parte order can contain a variety of provisions that may affect your daily life, such as prohibiting you from contacting the petitioner, restricting your ability to visit certain locations (including your own home if you live with the petitioner), or limiting your access to your children.
- The key thing to understand here is that the Ex Parte order is short-term. It is designed to provide immediate relief to the petitioner until both sides can present their cases at a full hearing. In Missouri, this hearing typically takes place within 15 days of the Ex Parte order being issued.
- Full Order of Protection:
- A Full Order of Protection can only be granted after a hearing in which both parties—the petitioner and the respondent (accused)—have the opportunity to present their evidence and tell their side of the story.
- If the court finds the petitioner’s evidence compelling enough, it will grant a Full Order of Protection, which can last anywhere from 180 days to 10 years. This order may be renewable, meaning that the petitioner can request extensions as the expiration date approaches.
- The burden of proof for granting a Full Order of Protection is a preponderance of the evidence, meaning the petitioner must prove they are simply more likely than not to be in danger.
- The consequences of a Full Order are much more far-reaching than those of an Ex Parte order. A Full Order can impact your ability to own firearms, affect custody arrangements for your children, limit where you can live or travel, and influence your personal and professional relationships.
Who Can File for an Order of Protection in Missouri?
In Missouri, orders of protection are most commonly associated with cases of domestic violence. However, you don’t necessarily need to be a current or former spouse or intimate partner of the petitioner to have an order filed against you. The law allows for a wide range of relationships and circumstances that could result in an order of protection.
A petitioner may be eligible to file an order of protection against you if you are:
- A current or former intimate partner of the petitioner (spouse, ex-spouse, or someone with whom the petitioner has a romantic relationship).
- A family member or household member (this includes relatives by blood or marriage, people who live together, or even roommates).
- A co-parent of a child with the petitioner.
- An acquaintance or stranger accused of stalking, harassment, or sexual assault. Even someone who has no familial relationship with the petitioner can be served if they are accused of those acts.
Consequences of Having an Order of Protection Against You
While being served with an order of protection is a civil matter and not a criminal one (unless you violate it), the consequences can still be long-lasting, especially if the order is upheld after the hearing.
Here are some of the potential consequences:
Restrictions on Contact and Movement
The most immediate consequence of an order of protection is that it restricts your ability to contact the petitioner in any form. This includes physical proximity, phone calls, text messages, emails, and social media communication. Violating these terms could lead to criminal charges, even if the contact was unintentional or the petitioner initiated it (though, in those circumstances you can still have a right to defend against the claims with the help of a criminal defense attorney).
You may also be prohibited from going to certain places, such as the petitioner’s home, workplace, or other locations they frequent.
Impact on Custody and Visitation
If you share children with the petitioner, an order of protection can have a significant impact on your parental rights. The court may place restrictions on your ability to see or contact your children, or even deny visitation altogether. In some cases, the court may award temporary custody to the petitioner as part of the order.
It’s important to know that these custody arrangements are temporary, but they could influence the outcome of future custody disputes.
Firearm Restrictions
Under federal law, individuals who are subject to a Full Order of Protection are typically prohibited from possessing firearms. This can be especially significant if you are in law enforcement, the military, or another profession that requires the use of firearms.
The restriction goes into effect immediately when a Full Order is granted, and violating it can result in serious criminal penalties, including imprisonment and hefty fines.
Damage to Reputation and Employment
Orders of protection are part of the public record, which means that potential employers, landlords, or even future romantic partners may be able to find out about the order. This can damage your reputation and create barriers in both your personal and professional life.
Certain jobs, especially those that involve security clearances or working with vulnerable populations, may become inaccessible if you are under a protection order.
Criminal Consequences of Violating the Order
Violating the terms of an order of protection is a criminal offense in Missouri. Even if the violation seems minor, such as accidentally running into the petitioner at a public event, it can lead to immediate arrest, fines, and possibly jail time.
In Missouri, violating an order of protection is typically charged as a Class A misdemeanor, which could result in up to one year in jail and/or a $2,000 fine. If you have a prior conviction for violating an order of protection, subsequent violations can be charged as a Class E felony, which carries a longer sentence and more severe penalties.
Understanding the basic facts about orders of protection is the first step in preparing to defend yourself. In the next chapter, we will dive into the legal framework and your rights under Missouri law, so you’ll know exactly what to expect and how to navigate the process effectively.
Stay calm, take the time to understand your situation, and remember that being served with an order of protection does not mean the case is closed—you still have the opportunity to tell your side of the story.
