A restraining order is sometimes a necessity when you are experiencing physical or emotional abuse and threats of harm. In the state of Missouri, an order of protection helps protect you from repeated stalking or harassment. The court form, which is signed by a judge, forbids the abuser from contacting you or coming near your home, workplace, or school. It can also be obtained on behalf of an eligible minor. Before filing, it's important to understand the different types of restraining orders and the process of getting one.

What Are the Different Kinds of Restraining Orders?

In Missouri, restraining orders come in two types. The first is a full order of protection and is issued after a court hearing allowing you and the abuser to state your cases. If the judge grants the full order, it will last between 180 days to a full year, depending on the circumstances. If a child's physical, mental, or emotional health is at stake, the judge can state a longer period of time, between two to 10 years. 

The other type is an ex parte order of protection, which offers the same protection immediately, before the person against whom it's directed is able to state their case before the court. It is usually granted within 15 days before the hearing, which may lead to a full restraining order. 

How Do You File an Order in Missouri?

The first step to filing an order of protection is to get the appropriate forms from the Missouri court system. You can visit the circuit clerk's office at the county courthouse. You can also download the forms and print them yourself. 

It's best to be as specific as possible when filling out the forms, as they'll be presented at the hearing as evidence. Explain the incidents of abuse with descriptive language and list dates, times, locations, and witness names. Police reports, medical records, and photo or video documentation of the abuse should also be included.

Additionally, gather any information about the person you are attempting to restrain, such as their address, previous or current criminal activity, gun ownership, and other relevant facts. Once you're finished with the forms, take the petition to a county courthouse. Generally, you can file in the county where you live, where the other person lives, or where the incidents of abuse or stalking occurred.

Many people find they need help during this process. Reach out to domestic violence groups and victim advocates for support, and consult a family law attorney for advice on how best to proceed.

Filing for an order of protection can be a difficult time, so count on the compassionate advocates at Legal Solutions For Families in Turmoil. Based in Warrenton, MO, the firm offers personalized legal counsel in Warren, St. Charles, and Lincoln counties. Jeffrey A. Robertson is a former military member and prosecutor who has been practicing law since 1986. He and his staff handle a range of family law matters, from divorces to child custody to child abuse investigations. Call (636) 528-5220 for a free consultation or visit their website to learn more about the firm.