Domestic violence is a growing and serious problem throughout Missouri and the United States.
Chapter 455, RSMo, provides for adult protection orders and child protection orders. Specifically, Chapter 455 protects adults and children from physical and emotional abuse, coercion, sexual assault, unlawful imprisonment, stalking, harassment or threats of any such conduct.
When you arrive, ask the sheriff or information desk for directions to the appropriate office.
File the petition for order of protection; the clerk will have the necessary form for you. Feel free to ask questions if you are confused by the form. There is no filing fee.
The Judge will either grant or deny an ex parte [temporary] order of protection.
If the ex parte order of protection is granted, the sheriff will be given a copy of the ex parte order of protection, which will be served upon the respondent.
The ex parte order of protection temporarily restrains the respondent from abusing, threatening to abuse, molesting, stalking and/or harassing you.
You will then be given a hearing date for your petition for a full order of protection.
If the ex parte [temporary] order of protection is denied, you will still be given a date for hearing on your petition for a full order of protection.
Hire a protection order attorney if possible. Your chances of succeeding at a hearing are much better if you have legal representation because complex statutes and the rules of evidence are difficult for a non-lawyer to understand.
At the conclusion of the hearing, the Court will either grant or deny the full order of protection.
If the full order of protection is granted, the respondent will be prohibited from abusing, threatening to abuse, molesting, stalking, harassing or disturbing your peace.
The respondent may also be prohibited from entering your premises, coming near you and/or communicating with you. Sections 455.050 and 455.075 RSMo. also provide other remedies.
PLEASE CONSULT WITH AN ATTORNEY TO BETTER UNDERSTAND YOUR RIGHTS.
For a free order of protection order consultation, please call Brian McChesney, Managing Partner, at 314-584-4500.
