The outcome of your hearing can have significant and long-lasting effects on your life. Understanding the potential results and how to handle them will help you move forward. In this chapter, we will discuss the possible outcomes of the hearing, the appeal process if you disagree with the court’s decision, and the long-term impact of an upheld order of protection.
Possible Outcomes of an Order of Protection Hearing in Missouri
After both parties have presented their evidence and witnesses, the judge will make a decision. There are two primary potential outcomes:
- Dismissal of the Order:
If the judge determines that the petitioner’s claims do not meet the legal standard for a Full Order of Protection, the case will be dismissed. This means that the Ex Parte order will no longer be in effect, and any restrictions placed on you during the hearing process will be lifted immediately.
While this is the ideal outcome for you as the respondent, it’s important to note that the petitioner can still file future protection orders if new incidents occur. The dismissal only applies to the current case.
- Upholding the Order:
If the judge decides that the petitioner’s evidence meets the “preponderance of the evidence” standard and the petitioner’s version of events is more likely to be true, the Full Order of Protection will be granted. The order can be in effect for a period ranging from 180 days to 10 years, depending on the severity of the claims and the perceived risk to the petitioner.
The Full Order will likely include restrictions such as no contact with the petitioner, maintaining a certain distance from their residence or workplace, and possibly limitations on child custody or visitation. The specifics of the order will be outlined by the court, and it’s essential that you fully comply with its terms to avoid criminal penalties.
Typically, the Full order of protection will be granted for a period of 180 days up to one year. If the court finds that you pose a serious danger to the physical or mental health of the petitioner, the can extend the order to a period of two years to 10 years.
Appealing an Order of Protection in Missouri
Under Missouri Revised Statute §455.060, if the judge upholds the order you have the right to file an appeal with the Missouri Court of Appeals. The appeal process can be complex and has specific time limits to file, and you’ll need an order of protection defense attorney to ensure you follow the correct procedures and to represent you in court.
- Filing a Timely Appeal: Appeals must be filed within a strict timeframe after the court’s decision, usually within 30 days. Missing this deadline can result in the loss of your right to appeal, so it’s crucial to act quickly if you want to contest the ruling.
- Grounds for Appeal: Successful appeals typically hinge on proving that the judge made a legal error; simply disagreeing with the outcome is not enough. Suppose you presented substantial text message exchanges proving that the petitioner initiated contact after filing for the Ex Parte order, contradicting their claim of fear. If the judge disregarded this evidence and still granted the Full Order, you could appeal on the basis that the court failed to properly consider relevant facts that could have altered the decision.
- The Appeal Process: Once filed, the appeal will be reviewed by a higher court, and you may need to provide additional documentation or attend further hearings. The appeal court will either uphold the original decision or remand the case for a new hearing. This process can take several months, so patience is required.
Consequences of a Full Order of Protection in Missouri
If the court grants a Full Order of Protection, it can include a range of restrictions and responsibilities, depending on the specifics of your case:
- You cannot commit or threaten to commit domestic violence, stalking, molesting, or disturb the petitioner’s peace, including harming their pets.
Simply put, you must avoid any actions or threats that could cause the petitioner fear or harm, including their pets.
- You might not be allowed to enter the petitioner’s home, even if it’s a place you own or rent together.
Whether you share the home with the petitioner, or they live there alone, the court can stop you from going inside or even coming near it.
- You cannot contact the petitioner in any way.
This means no phone calls, texts, emails, or any other form of communication, including through third parties or social media.
- If you have children together, the court can decide who gets custody, with a preference toward the non-abusive parent.
The court will decide where your children live, and they will likely stay with the parent who isn’t accused of violence or harm.
- The court may set up a visitation schedule for you, but it can also deny visitation if it’s not safe for the child.
You might get specific times to see your children, but if the court believes your visits could harm them or endanger the other parent, they can deny visitation.
- The court can require you to pay child support if there isn’t already an order in place.
If there’s no current child support order, the court may order you to provide financial support to the petitioner for the care of your children.
- If you’re married, the court can order you to pay temporary financial support for up to 180 days.
If you and the petitioner are legally married, you could be required to pay spousal support for a few months, depending on the situation.
- You may be ordered to keep paying rent or mortgage payments on the home the petitioner lives in, even if you’re not there.
If you’ve been financially supporting the petitioner, you could be required to continue making rent or mortgage payments on the residence they stay in.
- If the petitioner moves out and requests new housing, you may need to cover their rent.
If the court decides you still need to financially support the petitioner, you could be asked to pay rent for a new place they move to.
- The court may let the petitioner keep certain personal items like cars, checkbooks, or keys.
You could lose access to certain personal property, such as your car or important household items, if the petitioner is granted temporary possession.
- You may be prevented from selling or giving away property you share with the petitioner.
The court might stop you from transferring, selling, or otherwise getting rid of any property that you own jointly with the petitioner.
- The court can order you to attend counseling or substance abuse programs.
You may be required to take part in court-approved counseling or treatment programs to address violent behavior or substance abuse issues.
- You might have to pay for the petitioner’s shelter or other services provided by a domestic violence center.
If the petitioner has received housing or services from a domestic violence center, you may be responsible for covering those costs.
- You could be required to pay the petitioner’s court costs.
The court may order you to cover all legal fees and court costs that the petitioner incurred during the case.
- You might be required to pay for medical treatment the petitioner needed due to domestic violence.
If the petitioner needed medical care because of the alleged abuse, the court might order you to pay those bills.
- The court can transfer phone billing responsibility for the petitioner or your children to the petitioner.
If the petitioner is not the account holder for the phone plan, the court can transfer billing responsibility for their phone or your children’s phones to them.
- The court can give the petitioner custody of your pet and order you to cover any vet bills caused by abuse.
If there’s a pet involved, the court may grant the petitioner custody of the animal and make you pay for any medical care it needed because of harm.
- You could be required to pay the petitioner’s attorney fees.
The court might also make you pay for the legal services the petitioner needed during the case.
Long Term Impacts of an Order of Protection
If the Full Order of Protection is upheld, it can have lasting consequences beyond the immediate restrictions imposed by the court:
- Custody and Visitation: If the order includes provisions regarding child custody, your ability to see or communicate with your children may be limited. Courts may award temporary custody to the petitioner, restrict visitation to supervised environments, or, in extreme cases, deny visitation altogether. These restrictions can last for the duration of the order and may influence future custody decisions in divorce or family court proceedings.
- Employment Opportunities: Many employers conduct background checks, and a Full Order of Protection can appear in public records. This may affect your ability to secure certain jobs, particularly those that require security clearances, involve working with vulnerable populations (such as children or the elderly), or jobs where trust and safety are critical. Additionally, if your current employer becomes aware of the order, it could impact your standing within your company, depending on the nature of your work.
- Public Record: A Full Order of Protection becomes part of your permanent public record, meaning anyone conducting a background check can see it. This can affect not only employment opportunities but also housing applications, loan approvals, and other aspects of your personal and professional life. Unlike certain criminal convictions in Missouri, orders of protection cannot be expunged from public record.
- Impact on Relationships: If the protection order remains in place for an extended period, it may strain relationships with family, friends, or new romantic partners. The presence of a protection order can raise concerns or create mistrust, even if the allegations were exaggerated or false.
Understanding the consequences of the court’s decision and the potential long-term impacts is the first step toward moving forward after the hearing. If the order is upheld, it’s important to comply fully with all court-mandated restrictions and, if appropriate, explore legal options to appeal or modify the order over time.
In the next chapter, we’ll cover modifying or dismissing an order and how to protect yourself from future legal issues related to protection orders.
