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An order of protection is an order issued by a Missouri court pursuant to the Domestic Violence Act that restrains a person from abusing, stalking, sexually assaulting, or harassing another person. Unlike a restraining order, an order of protection carries criminal penalties for violation.
- What Is An Order of Protection?
- When Should I Seek An Order of Protection Against someone?
- What Should I Do If I Was Served with An Order of Protection?
- What Should I Do If I Missed A Court Date For My Order of Protection?
- What Happens at An Order of Protection Hearing?
- Consequences of An Order of Protection
In Missouri, an “order of protection” is a civil court order that requires one person to stay away from, maintain distance from, and/or avoid contact with another person or persons. Although they are similar to the more commonly known “restraining order,” they are in fact different. Most notably, an order of protection violation carries the weight ...
If you are in a relationship with, reside with, or are related to someone who causes you to fear for your safety or the safety of your children, or if you are being stalked or harassed, you can request an order of protection against that person. The order may prohibit the respondent (the person restrained) from contacting or coming within a certain...
If you have been served with paperwork as the respondent, you must act quickly. You should first consider contacting a lawyer to assist you. You can then discuss with your lawyer whether you were served with an Ex Parte Order of Protection or with a Notice of Hearing. An Ex Parte Order of Protection is a temporary order of protection that carries t...
If you were the respondent (the person restrained), a full order of protection may have been issued against you (a judgment entered in your absence is known as a default judgment). An order of protection entered by default judgement carries with it all the restrictions and consequences as if you had attended a hearing and lost. If you receive notic...
These cases are heard by an associate circuit court judge in the jurisdiction in which they were filed. At an order of protection hearing, each side has the option to try and negotiate a successful resolution before proceeding to a hearing. If the parties are unable to agree to some type of resolution, a hearing will be held and evidence will be pr...
Federal Firearms Ban
Although orders of protection are litigated in Missouri state courts, one of their most impactful consequences stems from a federal law that, in most cases, prevents a person from possessing a gun or ammunition while a full order of protection is active. Title 18 U.S.C. § 922 restricts the right to possess a gun or ammunition for certain individuals, including: […] a person subject to a court order that was issued after a hearing in which the person participated, which order restrains the per...
Other Consequences in Missouri
Legal Consequences Section 455.085 of the Revised Statutes of Missouri establishes the criminal penalties if you are found guilty of violating an order of protection. Violation of an order of protection is a class A misdemeanor, with a range of punishment of up to one (1) year in jail and / or a fine of up to $2,000.00. If, within five (5) years of a violation, you have previously been found guilty of violating an order of protection, the violation becomes a class E felony, punishable from on...
Jan 17, 2024 · This article provides a brief overview of protective orders laws in Missouri. Missouri Protective Orders Laws: At a Glance. The basics of Missouri's protective order laws are listed in the following chart. See FindLaw's Domestic Violence section for legal information and additional victim resources.
Mar 29, 2021 · An emergency protective order is a court order that directs one person to refrain from committing certain acts against another person. For example, a protective order might direct a husband not to come within the physical presence of his wife.
- Even though an emergency protective order can be obtained in such a short time (sometimes a few hours), they can actually accomplish a lot in terms...
- An emergency protective order is usually enforceable for only a very short time, generally less than a week. Again, their main purpose is to provid...
- If you or a loved one is in need of immediate protection or assistance, you should contact local law enforcement authorities as well as a family la...
General rules for out-of-state orders in Missouri. Can I get my protection order enforced in Missouri? What are the requirements? Can I have my out-of-state protection order changed, extended, or canceled in Missouri? I was granted temporary custody with my protection order. Will I still have temporary custody of my children in Missouri?
Jan 1, 2024 · Can I get my protection order enforced in Missouri? What are the requirements? Can I have my out-of-state protection order changed, extended, or canceled in Missouri?
People also ask
What is an order of protection in Missouri?
What are the consequences of a Missouri Order of protection?
Can a foreign order of protection be enforced in Missouri?
Do I need to register an out-of-state protection order in Missouri?
What is a protection order?
What is an ex parte order of protection in Missouri?
"Protection Order," sometimes referred to as a "Restraining Order," is a court order issued under the Protection from Abuse Act (PFA) which provides limited protection for people who have been threatened, harassed, or physically abused.
