legal

How to Get an Order of Protection in Missouri

Step-by-step overview of Missouri’s Order of Protection process for domestic violence survivors.

Missouriorder of protection

LEGAL & SAFETY INFORMATION

Understanding Missouri Orders of Protection

What an Order of Protection Is

A Missouri Order of Protection is a court order that is meant to help reduce the risk of further harm, threats, or harassment from a person who has been abusive or threatening. It is a civil order, not a criminal charge, although violating it can lead to criminal consequences.

These orders can place rules and limits on contact, communication, and physical distance between the person asking for protection (the petitioner) and the person the order is against (the respondent).

Who Can Apply

In Missouri, an adult can usually apply for an Order of Protection if the harm, threats, or stalking are coming from certain types of relationships, including:

Current or former spouse
Current or former intimate or dating partner
Person you live with or used to live with
Family or household members (for example, a relative by blood or marriage)
A person who is the other parent of your child

There are also protections available against stalking or sexual assault that may not require a family or dating relationship.

Different situations may involve different forms or processes (for example, adult vs. child orders). A local legal clinic, community organization, or court self-help centre can usually explain which type may apply in your situation.

How the Process Generally Works

1. Temporary (Ex Parte) Order

The process often begins when you file a petition for an Order of Protection at the court. A judge may review it the same day or soon after. If the judge believes there is an immediate risk, they may issue a temporary order, sometimes called an “ex parte” order, without first hearing from the other person.

This temporary order can set short-term limits on contact and behaviour until a full hearing can be held.

2. Service on the Other Person

After a temporary order is issued, the respondent must be officially notified, usually through “service” by law enforcement or a process server. The papers typically include:

A copy of the petition
The temporary order (if granted)
The date, time, and place of the full hearing

The order normally does not become fully enforceable against the respondent until it has been properly served, except in limited situations the court may outline.

3. Full Hearing

The court will then hold a full hearing, generally within a set number of days after the temporary order is granted. Both the petitioner and the respondent have the chance to appear, provide information, and call witnesses or present documents, if they choose.

After hearing from both sides (or only from the petitioner if the respondent does not appear), the judge decides whether to issue a longer-term, “full” Order of Protection and what terms it should include.

Court procedures and timelines can vary by county. If you are unsure about the process, a local victim services agency or legal information clinic can often walk you through what to expect.

Common Types of Relief in an Order of Protection

A Missouri Order of Protection can cover a range of protections. What is available can vary depending on the type of order and the facts of the case, but common options include:

No contact rules – Prohibiting the respondent from contacting you in person, by phone, text, email, social media, or through others, except as the order may allow for specific reasons.
Stay-away provisions – Requiring the respondent to stay a certain distance away from you, your home, workplace, school, or other important locations.
Exclusive possession of the home – In some circumstances, the court may order that you have temporary, exclusive use of a shared residence and that the respondent must move out.
Child-related terms – The order can sometimes include temporary arrangements about:
- Custody or decision-making responsibility
- Parenting time or visitation conditions
- Safe exchange locations for children
Firearms restrictions – The court may order the respondent not to possess or purchase firearms while the order is in effect, depending on the circumstances and applicable law.
Other behaviour limits – Such as ordering the respondent not to damage property, not to harm pets, or not to use or threaten physical force.

The exact protections a judge includes will depend on what is requested in the petition and what the judge finds is needed for safety. Not every order will include all of these terms.

How Long Orders of Protection Can Last

In Missouri, a temporary (ex parte) Order of Protection is designed to last only until the date of the full hearing, which is often within a few weeks, though timelines can vary.

If the judge issues a full Order of Protection after the hearing, it commonly lasts for a longer period, which might be up to a year or more. In some cases, the court may allow the order to be renewed or extended if ongoing protection is needed and certain conditions are met.

Time limits and extension rules can change. Court staff or a local legal information service can usually explain the current time frames that apply to your type of order.

For people looking at options across borders or needing additional context, information on support services in the United States is also collected at https://www.dv.support, which may help in addition to local Missouri and Canadian resources.