If you are scared or feel threatened by someone, Missouri law provides you options to be safe. One strong option is to ask the court for an Order of Protection. If you are in an emergency, you can file an Ex Parte Order, which can be enforced immediately. If you live in Missouri, you can seek help from an experienced traffic defense lawyer in Kansas City who will walk you through the process. You will learn how these orders work, who can file them, what happens once you filed, and why having legal assistance is important.
What Is an Order of Protection in Missouri?
An Order of Protection is an order of the Court. It orders a person not to harm, harass, or stalk you. In addition to that, an Order of Protection can order the person to stay away from your residence, place of work, or place of schools.
There are two main types:
- Ex Parte Order
This is a temporary order. The court can issue it the same day you file your petition. You don’t need the other person to be present. The judge will look at your sworn statement. If the judge believes there is a present danger, they will grant it. - Full Order of Protection
This comes after a court hearing. Both sides have a chance to speak. A full order can last up to one year and may be renewed.
Who Can File for an Order of Protection?
Missouri law lets you file if you are a victim of:
- Domestic violence
- Stalking
- Sexual assault
You do not have to be connected to the abuser. Any person who has been stalked or sexually assaulted can request protection. If the abuser is a family member, spouse or someone that you share a household with it is a type of adult abuse order. If it is another type of person such as a neighbor or stranger, it is called a stalking order.
See also: Wrongful Death in Kansas City? A Personal Injury Lawyer Can Help Your Family
How Do You File an Ex Parte Order?
You start by filing a petition for an Order of Protection in your local court. Kansas City residents often file at the Jackson County Circuit Court.
Here’s how the process works:
- Fill Out Forms
You will complete forms with details about what happened. Include dates, places, and any threats or violence. - Swear to the Facts
You must sign that your statements are true. - Judge Reviews
A judge will look at your petition the same day. - Order Granted or Denied
If the judge believes you are in danger, the Ex Parte Order is granted right away. - Serving the Order
Law enforcement will deliver (serve) the order to the other person. They must know about it before it can be enforced. - Set Court Date
The court will set a hearing within 15 days to decide if you should get a full order.
What Can an Ex Parte Order Do?
An Ex Parte Order can:
- Stop the person from coming near you.
- Order them not to call, text, or contact you.
- Keep them out of your home.
- Stop them from harming your children.
- Give you temporary custody of children if needed.
If the other person breaks the order, they can be arrested.
Why Should You Work with a Kansas City Ex Parte Lawyer?
Filing for an order may seem simple, but it can get complicated. Judges must see clear facts. If you leave out important details or don’t follow the rules, the judge might deny your request.
An effective lawyer will:
- Assist you in filing a strong application
- Collect evidence which may include: text messages, images or statements from witnesses
- Appear for you during the hearing;
- Ensure your Order protects you to the extent you need
You don’t have to face this alone.
What Happens at the Hearing?
A hearing is where the Judge will determine if they will recommend that you be issued a Full Order of Protection.
At the hearing:
- You tell the judge what happened.
- The other person can respond.
- You can bring evidence and witnesses.
- The judge decides if the order should stay in place.
If you don’t show up, the Ex Parte Order will end.
How Long Does an Order Last?
An Ex Parte Order lasts until the hearing date. A Full Order can last up to one year. You can ask to renew it before it expires.
What Should You Do If the Abuser Violates the Order?
A violation of an Order of Protection is a crime. If someone violates an Order of Protection, please call the police immediately by calling 911. The police can arrest the person for violating the Order of Protection. In some cases, the person did not make a new threat, they simply showed up near you. They could still have criminal charges against them.
Can I file for a protective order for my child?
Yes, you can file for a protective order if your child is under 17. It is the same process as filing on your own behalf, and the forms are almost the same.
Will an Ex Parte Order Show Up on Background Checks?
An Ex Parte Order itself is temporary. Once a Full Order is granted, it may show up in some background checks. Employers, landlords, or gun dealers could see it.
What Evidence Helps Your Case?
Good evidence makes your case stronger. Here are examples:
- Text messages or emails with threats
- Photos of injuries or damage
- Police reports
- Witness statements
- Voicemails
Bring everything to court so the judge can see the full picture.
Tips for Staying Safe
While you wait for your court date:
- Keep a copy of the order with you at all times.
- Give a copy to your work, your child’s school, and trusted friends.
- Change locks if needed.
- Save all new threats or contacts.
- Call the police if you feel unsafe.
Get the Help You Deserve
You don’t have to go through this alone. A skilled Kansas City ex parte lawyer can stand by your side, help you tell your story, and protect your rights.
FAQs About Missouri Orders of Protection
1. Can I file for an Order of Protection if I moved to Missouri recently?
Yes. You can file where you live or where the abuse happened, even if you moved here recently.
2. Do I have to pay court fees to file an Ex Parte Order?
No. There are no fees to file a petition for an Order of Protection in Missouri.
3. Can an order protect my pets?
Yes. The judge can include pets in the order to keep them safe from harm.
4. What if I want to drop the order later?
You can ask the court to dismiss it. A judge must approve your request before it ends.
5. Will the person get a criminal record if I file an Ex Parte Order?
No. An order itself is civil, not criminal. But violating the order is a crime and can lead to charges.
