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How to navigate protective orders in Missouri

On Behalf of | Oct 11, 2024 | Firm News |

Protective orders, also known as restraining orders, are legal tools designed to protect individuals from abuse, threats or harassment. In Missouri, obtaining a protective order can provide a crucial layer of safety for those in vulnerable situations. These orders aim to prevent further harm by legally restricting the actions of the alleged abuser. Anyone who feels threatened can seek protective orders, including spouses, partners, family members or even unrelated individuals. The primary goal is to safeguard the victim and provide peace of mind.

Common reasons for issuing protective orders

Missouri courts issue protective orders for various reasons, each rooted in the need to protect individuals from harm. Here are some of the common circumstances for granting a protective order:

  • Domestic violence: Physical abuse, verbal threats or any form of domestic violence, including harm or threats to children within the household.
  • Stalking: Persistent and unwanted following or harassment that causes fear.
  • Sexual assault:  Any non-consensual sexual act or behavior imposed upon an individual through force, coercion or manipulation.
  • Harassment: Continuous unwelcome actions that cause emotional distress or fear, such as repeated phone calls or messages.
  • Child abuse: Incidents of abuse or neglect by a parent or guardian.
  • Specific situational factors: The court can also consider unique aspects of each case, such as the history of violence, the severity of threats and the presence of weapons.

Other essential details to know

Protective orders in Missouri can vary and are subject to modification based on changing circumstances:

  • Duration: Temporary ex parte orders can be issued immediately and typically last until a full court hearing, usually within 15 days. Full orders of protection can last up to one year and may be extended or renewed upon request.
  • Modifications: If circumstances significantly change, either party can request a modification of the protective order. It’s a response to changes in the behavior of the restrained person or new incidents of harassment or abuse.
  • Weaponization: Unfortunately, protective orders can sometimes be misused as a tactic in personal disputes, such as contentious divorces. Courts aim to prevent this by requiring evidence and hearing both sides before issuing a full order.
  • Challenges: A protective order can be challenged by attending the court hearing, presenting evidence, and possibly cross-examining the petitioner. Hiring a family law attorney can help navigate the process and improve the chances of a favorable outcome.
  • Future ramifications: Protection orders may impact custody arrangements and property disputes. Additionally, having a protective order against someone can affect their employment and social standing.
  • Renewal: Individuals can request extensions before the original order expires, and the court will assess the ongoing need for protection.

Attorneys can provide legal help

Given the complexities and potential consequences of obtaining or contesting a protective order, many individuals choose to work with family law attorneys. Attorneys provide critical support by helping clients gather evidence, navigate the legal process, and present their cases effectively, protecting their clients’ legal rights.

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