Civil Restraining Orders in Missouri

What is an Order of Protection in Missouri

In the state of Missouri, a civil restraining order provides a legal mechanism for individuals to seek protection from harassment, threats, or acts of violence. Also known as an Order of Protection, this court-issued order aims to ensure the safety and well-being of individuals facing potential harm. This article will delve into the concept of a civil restraining order in Missouri, exploring its purpose, application process, and potential outcomes.

What is a Civil Restraining Order:

A civil restraining order is a court order that restricts an individual from engaging in certain behaviors or contacting another person. In Missouri, civil restraining orders are governed by the Domestic Violence Act (Chapter 455) of the Missouri Revised Statutes. They are primarily used in cases involving domestic violence, stalking, harassment, or abuse, where the victim seeks legal protection from the offender.

How do I get a Restraining Order or Order of Protection:

To obtain a civil restraining order in Missouri, the victim, known as the petitioner, must file a petition with the appropriate court. Generally, that’s the Court where the Petition lives.  The petitioner must provide detailed information about the alleged acts of violence or harassment and explain to the judge why an order of protection is necessary. The court may grant a temporary order of protection, which remains in effect until a hearing is held to determine whether a permanent order should be issued. While the time between a temporary and a hearing for a permanent Order varies, it’s generally 2- 4 weeks.

Criteria for a Civil Restraining Order:

Under Missouri law, a court may issue a civil restraining order if it finds that the petitioner has been a victim of domestic violence, stalking, harassment, or abuse. The court considers various factors, including the nature and severity of the alleged acts, the likelihood of future harm, and the relationship between the petitioner and the respondent. The petitioner must provide sufficient evidence to support their claims, such as police reports, witness statements, or medical records.

Can the Parties Consent to the Entry of an Order Without a Hearing?

Yes, if the parties agree to the entry of an Order, the Judge will not hold a hearing nor issue findings of fact or conclusions of law.  This means there will be no determination of “guilt”, more appropriate termed “liability” because it’s not a criminal matter, and will just enter an Order.  This means the end result is the same, but there’s no record of a finding by the court.  This may be beneficial to the Respondent for several reasons and if you find yourself the Respondent in one of these petitions, you should most definitely contact an attorney,

Potential Restrictions in Restraining Orders:

If a civil restraining order is granted, it may include various provisions to protect the petitioner. These provisions can include prohibiting the respondent from contacting the petitioner, entering their residence or workplace, or coming within a certain distance of them. The order may also grant temporary custody of children, order the respondent to attend counseling or anger management programs or require the surrender of firearms.

What Happens if the Other Party Violates a Civil Restraining Order:

Violating a civil restraining order in Missouri is a serious offense and can result in criminal charges. If the respondent breaches the terms of the order, the petitioner should immediately report the violation to law enforcement. Consequences for violating a civil restraining order can include fines, imprisonment, or both.

Restraining orders in Missouri serve as a legal tool to protect individuals from domestic violence, harassment, stalking, or abuse. By understanding the application process, criteria for issuance, and potential outcomes, victims can seek the necessary legal protection and ensure their safety. It is important to consult with an experienced attorney or victim advocacy organization to navigate the complexities of obtaining and enforcing a civil restraining order in Missouri effectively.