Protection Orders

Practice Area

Protection Orders

Any person who has been the victim of domestic violence, either by a present or former household member, intimate partner, or who has been subject to stalking or sexual assault may file a petition with the court. If you were recently a victim of domestic violence, we recommend that you file for an order of protection immediately to protect yourself. You should also contact local law enforcement.
An order of protection is an order issued by a Missouri court that prevents a person from abusing, stalking, sexually assaulting, or harassing another person. If you obtain an order of protection against another person, any violation of the order by that person may have criminal penalties.

How to file an order of protection:
  1. Go to the circuit clerk’s office in the county where you live, in the county where the alleged incident occurred, or in the county where the person against whom you are requesting protection may be found. In the event the circuit clerk’s office is closed you can contact your local police department for help in completing the paperwork.  
  2. Clerks will give you information on how to fill out the petition for an order of protection, and if you are not represented by an attorney, they will also help you and explain the procedures for filling out all the forms.
  3.  There is no fee or cost associated with filing for an order of protection.
  4. The petition must be filled out and signed by the person seeking the order. You will become the Petitioner in the case and the person you are filing against becomes the Respondent.   
  5. You will need the following information (if known) regarding the Respondent when filling out the Petition: home address and telephone number, work address, work telephone number and work hours, places where the Respondent may be served with the petition, date of birth, age, race, hair color, eye color, height, and weight, and possible identifying marks. 
  6. When filling out the petition you will need to provide information regarding the location where the domestic violence, stalking or sexual assault occurred; information regarding your relationship with the Respondent, and most importantly, details of the violence committed by the Respondent. 
  7. A judge will review the petition. The judge has two choices: (1) to enter an ex parte order, which is a temporary order of protection that stays in place until your court hearing date; or (2) to not grant the ex parte order and schedule your petition for a hearing date. The Respondent must be served with the petition and the ex parte order of protection (or notice of hearing if no ex parte is entered) at least three days before your scheduled hearing date. 
  8. You must appear in court on your hearing date. If the Respondent has not been served by the hearing date, the court will reschedule the hearing and assist you with obtaining service. If you do not appear, your case will be dismissed.
To receive a full order of protection, either the Respondent has to consent to the order or a hearing must be held and the judge decides whether to enter an order of protection. If a full order of protection is entered it is valid for a minimum of 180 days and no more than one year—although the judge can decide that the order of protection will automatically renew for a second year. The order can include specific orders related to the division of property, child custody, child support, and attorney’s fees. In addition, the court may order the Respondent to participate in a batterer’s intervention program and restrictions may be placed on the Respondent’s ability to carry a weapon while the order of protection is in effect.

It is important to keep your full order of protection with you at all times. Once the order is entered a copy is given to the police and it is entered into the Missouri Uniform Law Enforcement System, also known as MULES, so that police officers across the state of Missouri may access it if you claim there has been a violation. If you believe that the Respondent has violated it, you should immediately contact the police to file a report of the violation. You can also file a motion for contempt in the county where the order of protection was entered. The court clerk should be able to assist you in filing this motion in the event that you do not have an attorney.
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