How to Get a Restraining Order in Missouri: A Comprehensive Guide

Dealing with harassment, abuse, or threats can be incredibly frightening and overwhelming. If you are experiencing such situations in Missouri, seeking a restraining order, also known as an Order of Protection, can be a crucial step in ensuring your safety and well-being. This comprehensive guide provides a detailed, step-by-step explanation of how to obtain a restraining order in Missouri.

Understanding Restraining Orders in Missouri

Before diving into the process, it’s essential to understand the different types of restraining orders available in Missouri and who they protect. Missouri law recognizes two primary types of Orders of Protection:

1. Adult Abuse Orders of Protection (Chapter 455 of Missouri Revised Statutes): These orders protect adults from abuse, stalking, and harassment by another adult.
2. Child Protection Orders (Chapter 210 of Missouri Revised Statutes): These orders protect children from abuse or neglect.

This guide primarily focuses on Adult Abuse Orders of Protection, as they are the most commonly sought. It’s important to remember that this is not a substitute for legal advice. If you are in immediate danger, call 911.

Who Can Obtain an Adult Abuse Order of Protection?

In Missouri, an adult (18 years of age or older) can petition for an Adult Abuse Order of Protection if they have been subjected to abuse, stalking, or harassment by:

• A family member (related by blood, marriage, or adoption)
• A person with whom you have had a romantic relationship
• A person with whom you have a child in common
• A person who currently resides or has resided in the same household

What Constitutes Abuse, Stalking, or Harassment?

Missouri law defines these terms as follows:

• Abuse: Inflicting physical injury, assault, battery, or placing another person in apprehension of these acts. This also includes sexual abuse.
• Stalking: Repeatedly harassing or following another person in a way that causes fear for their safety.
• Harassment: Knowingly engaging in a course of conduct directed at a specific person which alarms or causes emotional distress to that person and serves no legitimate purpose. It must cause fear and alarm.

It’s crucial to document each instance of abuse, stalking, or harassment with as much detail as possible. This documentation, including dates, times, specific incidents, and any witnesses, will be critical to your case. Take photos of injuries, keep voicemails, text messages and emails, social media evidence, and any other documentation.

Steps to Obtain an Adult Abuse Order of Protection in Missouri

The process of obtaining an Adult Abuse Order of Protection in Missouri typically involves the following steps:

Step 1: Determine the Correct Court

The first step is to determine which court you should file your petition with. You must file the petition in the Circuit Court of the county where:

• You reside, or
• The respondent resides, or
• The abuse occurred

Contact the clerk of the Circuit Court in the relevant county to confirm which is the appropriate court for your case.

Step 2: Obtain the Necessary Forms

You will need to obtain the required forms from the clerk’s office or the court website. These forms usually include:

• Petition for Adult Abuse Order of Protection: This form contains all of the pertinent information about you, the Respondent and the circumstances leading to your request.
• Statement of Address of Petitioner: This form keeps your address private from the Respondent and the general public.
• Summons: This form is used to notify the Respondent that legal action has been taken against them.

You will want to use all forms provided by the Court rather than creating your own.

Step 3: Complete the Petition for Adult Abuse Order of Protection

The Petition is one of the most important documents you will complete during this process. Fill out the forms accurately and thoroughly. Be sure to provide a detailed narrative of the abuse, stalking, or harassment you have experienced. Include the following information:

• Your full legal name, address, date of birth, and other identifying information.
• The respondent’s full legal name, address, date of birth, and other identifying information (if known).
• The nature of your relationship with the respondent (family, romantic, etc.).
• A detailed description of each incident of abuse, stalking, or harassment, including dates, times, locations, and specific actions taken by the respondent.
• Any witnesses to the incidents, if applicable.
• Any injuries you sustained as a result of the respondent’s actions. Include photos if applicable.
• Any prior instances of abuse, stalking, or harassment by the respondent.
• Any prior orders of protection you have filed or obtained against the respondent.

Be as specific and detailed as possible and provide accurate dates and descriptions. The more evidence you can provide in your petition, the greater your chances of obtaining an order of protection.

Step 4: File the Petition

Once you have completed all the necessary forms, you must file them with the clerk of the Circuit Court. There may be a filing fee associated with this process, although you may be able to apply for a fee waiver if you are unable to afford the fee. Be sure to have your ID available.

Step 5: Request an Ex Parte Order of Protection (Optional)

In situations where there is an immediate and present danger of abuse, stalking, or harassment, you may request an Ex Parte Order of Protection. This is a temporary order that a judge may issue without notifying the respondent. The order is based solely on the information in your petition. It can provide immediate protection until a full hearing can be scheduled. An Ex Parte order is not always granted. It is contingent on whether the judge believes it is necessary to prevent immediate danger to the Petitioner. If the judge grants an Ex Parte Order of Protection, it will likely include the following:

• Prohibiting the respondent from contacting you or coming within a certain distance of you, your home, your workplace or your children’s school,
• Prohibiting the respondent from owning or possessing a firearm.
• Other restrictions to ensure your immediate safety.

You should specifically ask the judge to include the restrictions that you believe are important for your specific situation. You must be available and appear before a judge to swear to the facts stated in your petition.

Step 6: Service of Process on the Respondent

After you file your petition, it’s essential to serve the respondent with a copy of the petition, the summons and a copy of any Ex Parte Order of Protection that was issued. This is the legal process of notifying the respondent that you have taken legal action against them. It must be accomplished using a legal method or the order is invalid.

The service of process can be done by:

• A county sheriff
• A professional process server
• Someone over the age of 18 who is not related to the case

You cannot be the one to serve the documents on the respondent. You must provide the server with the Respondent’s address. If you do not know the respondent’s address, you can research it through public records or utilize a skip tracing service. It is not advisable to attempt service yourself as it can create additional risk for the Petitioner.

The server must return a signed statement verifying the service. The statement must be filed with the court clerk.

Step 7: The Full Hearing

If an Ex Parte Order is granted, the court will schedule a full hearing within a specified timeframe, usually within 15 days. If no Ex Parte Order was granted, a full hearing will be set after proper service. This hearing is your opportunity to present your case to the judge and provide supporting evidence of the abuse, stalking, or harassment.

At the full hearing, you must present evidence to prove to the court that abuse, stalking or harassment has occurred. The respondent will have the opportunity to present their own evidence and cross-examine you. It is very important to be thoroughly prepared for the hearing.

It is important to bring the following to the full hearing:

• A copy of the petition, summons, and any other court documents filed in your case.
• All of your evidence and documentation of the abuse, stalking, or harassment, including photos, text messages, emails, voicemails, police reports, medical reports, and any other tangible evidence.
• Any witnesses who can testify to your experiences or corroborate your claims.
• A professional, respectful, and honest attitude.

During the full hearing, be prepared to:

• Testify truthfully about the abuse, stalking, or harassment you experienced.
• Provide clear, concise, and specific answers to the judge’s questions.
• Present your supporting evidence and explain it to the court.
• Respond to the Respondent’s testimony and evidence.

Step 8: The Court’s Decision

After hearing all of the evidence, the judge will decide whether to grant a Full Order of Protection. If the judge believes that abuse, stalking, or harassment has occurred and is likely to occur again in the future, they will grant the full order. A Full Order of Protection typically lasts for one year. After one year, you will have to file another petition for a Full Order of Protection.

If granted, a full order will include specific restrictions on the respondent. A Full Order of Protection may:

• Prohibit the respondent from contacting you or coming within a certain distance of you, your home, your workplace, or your children’s school.
• Prohibit the respondent from owning or possessing a firearm.
• Order the respondent to attend counseling or treatment.
• Order the respondent to pay child support or spousal support.
• Order the Respondent to relinquish any firearms in their possession.

It is important to thoroughly read the court order so you understand the restrictions imposed on the Respondent. Make sure to take a copy of the order with you.

Step 9: Enforcing the Order of Protection

It’s crucial to understand that an Order of Protection is just a piece of paper; it is not always a guarantee of safety. It is essential to take further precautions to protect yourself.

If the respondent violates the order, you must contact law enforcement immediately. Violating an Order of Protection is a criminal offense in Missouri. Provide law enforcement with a copy of the order.

It is also important to:

• Keep a copy of the Order of Protection with you at all times.
• Inform friends, family, employers, and other relevant individuals about the order.
• Vary your routes to work and other routine locations.
• Strengthen security at your home if necessary.

Tips for Success

• Seek Legal Assistance: While it is possible to navigate the process alone, it’s highly recommended that you seek assistance from a qualified attorney. Legal advice can help you navigate the legal complexities and ensure you present the strongest case possible. Several resources can provide assistance for domestic violence cases. You can find them in the local jurisdiction where the abuse occurred.
• Document Everything: Keep meticulous records of all incidents of abuse, stalking, or harassment, including dates, times, locations, and specific details. Collect any evidence such as photographs, texts, voicemails and emails.
• Be Organized: Keep all of your court documents, evidence, and information organized.
• Be Honest: Always be truthful and accurate in your statements. Providing false information can harm your credibility.
• Be Patient: The legal process can be time-consuming and challenging. Be patient and persistent.
• Be Professional: Be respectful and courteous to the court and personnel.
• Prioritize Your Safety: If you are in immediate danger, call 911 immediately.

Resources for Victims of Abuse in Missouri

If you are experiencing abuse, stalking, or harassment, know that you are not alone. Several resources can provide support and assistance:

• Missouri Coalition Against Domestic and Sexual Violence: Provides a 24-hour hotline, counseling, shelter, and other resources. Contact information can be found on their website.
• Local Domestic Violence Shelters: Shelters provide temporary housing, counseling, and advocacy for victims of domestic abuse. Contact information can be found online.
• Legal Aid of Missouri: Provides free or low-cost legal services to eligible individuals.
• Victim Services in your local Circuit Court: Many circuit courts have victim services to provide assistance.

Conclusion

Obtaining a restraining order in Missouri can be a crucial step in protecting yourself from abuse, stalking, and harassment. While this guide provides a detailed overview of the process, it is essential to seek legal advice and use the resources available to you. Prioritizing your safety and well-being is paramount.

Remember, you deserve to feel safe. Do not hesitate to seek help.