When someone in Missouri accuses you of abuse, stalking or harassment, they are able to file an order of protection against you to keep you from contacting, threatening, or coming near them. Missouri Revised Statutes 455.010 further defines orders of protection.
If you have an order of protection filed against you, our legal team can help you. At Combs Waterkotte, our St. Louis order of protection defense lawyers have more than 100 years of combined legal experience and understand what is at stake for your reputation, family and future in these instances. Call us today at (314) 900-HELP to discuss your case.
Blog Summary
In this blog we discuss:
- The different types of orders of protection
- The timeline of an order of protection
- What provisions these orders provide
- Violating an order of protection
- The collateral consequences of an order of protection
- How a St. Louis domestic violence defense attorney can help you get an order of protection dismissed
The Different Types of Orders of Protection
The two types of protective orders in Missouri are:
- An Ex Parte Order of Protection (Sometimes Called an “Emergency Order of Protection”): This is a temporary, emergency order issued by a judge right away if there is an immediate danger of abuse. It typically lasts up to 15 days until a full court hearing takes place.
- A Full Order of Protection: This is issued after a formal court hearing where both sides can present evidence. This order normally lasts from 180 days to 1 year and can be extended to 2-10 years if serious danger is found.
These orders are common in domestic violence cases, harassment cases, child abuse cases, stalking cases, gun violence cases or elder abuse cases.
The Timeline of an Order of Protection
| Phase/Step | Ex Parte (Emergency) Order | Full Order of Protection |
|---|---|---|
| Filing the Petition | They submit the paperwork, and a judge reviews the request that same day. | This is initiated at the same time that someone files paperwork for an ex parte order. |
| Going into Effect | The order goes into effect when the judge signs it. Criminal enforcement begins once the respondent is officially served. | This goes into effect the moment a judge grants it at the end of the formal hearing (approximately day 14-15). |
| Notifying the Respondent | Local law enforcement attempts to track down and formally serve the respondent with the emergency papers and the court date. | The respondent is notified of the final ruling immediately if present in court, or via law enforcement service if they failed to appear. |
| The Court Hearing | The ex parte order expires or is replaced on the day of the scheduled hearing (typically 14-15 days after filing). | Both sides present evidence and testimony to the judge. If the respondent was served but doesn’t show up, the petitioner wins by default. |
| Expiration/Duration | Lasts only until the hearing date, up to 15 days, unless the judge extends the hearing date. | Lasts for 180 days to 10 years from the hearing date and a petitioner can request renewals before it expires. |
What Provisions These Orders Provide
Standard provisions in a Missouri order of protection can include:
- No Contact: This prohibits you from contacting the individual or any family member involved.
- Peaceful Contact: This allows communication between you and the individual only for specified purposes. The judge will stipulate when communication is allowed, such as during the transfer of personal belongings or temporary custody of children.
- Stay Away: This requires you to keep a specified distance, commonly 100 yards, away from the individual at all times. This applies to the individual person and their home, work or school.
- Move Out: This mandates you to move out of a home permanently.
- No Firearms: This requires you to surrender any and all firearms.
- Counseling: This asks you to join an anger management or substance abuse program and counseling.
How to Get an Order of Protection Removed
If you are seeking to have an order of protection dismissed, modified or terminated in St. Louis, it is advisable that you:
- Hire a St. Louis Order of Protection Defense Lawyer: Your lawyer can reach out to the petitioner or their attorney to discuss a voluntary dismissal. Additionally, at Combs Waterkotte, we can examine the allegations against you, obtain any evidence that would contradict the petitioner’s claims, and determine the best legal strategy for challenging the order of protection.
- Gather Evidence to Challenge: You will want to gather text messages, emails, call logs, your social media history, receipts, GPS/location data, work timecards, surveillance footage, firsthand accounts from neutral third-party witnesses or from co-workers or family members that were present during the alleged incidents, proof of mutual conflict or self-defense, discrepancies between the petitioner’s current testimony and prior statements, police reports or court filings, evidence of ulterior motives or proof that there is no credible, ongoing threat of domestic violence, stalking or abuse.
- Attend Any Hearings: Before a full order of protection is entered, your primary remedy is fighting it at the initial hearing, otherwise, you can file a legal appeal if errors were made. At the initial hearing, your lawyer can present evidence, question witnesses and argue that the legal requirements for a full order of protection have not been met. Conversely, bear in mind that appeals are subjected to strict deadlines, making it imperative that you retain legal counsel immediately.
- Appeal: If any prejudicial legal, procedural or evidentiary errors occurred, you can appeal a full order of protection that was entered. These errors may include failure to prove stalking elements, no subjective fear or ongoing threat, the incident(s) happened too long ago, lack of proper notice (you were not lawfully served with the petition and the temporary ex parte order ahead of time), the trial judge cut the hearing short, didn’t allow you to call relevant witnesses, or denied you the right to cross-examine the petitioner or if Missouri law was misapplied in any way. You will have to file your Notice of Appeal within 10 days of the date that the judgment becomes final.
- Challenge a Renewal: To challenge a renewal of an order of protection you will first have to determine whether the order has an automatic renewal provision or the petitioner filed a motion for renewal. To challenge the former you will have to write an objection and explicitly request a hearing at least 30 days prior to the expiration date. In this situation, the new court date will have to be personally served upon the petitioner by a sheriff or process server at least 3 days prior to the hearing date. To challenge the latter, you will be served with a court date and you will have to show up to the hearing to present your case and voice your objections. To win, you will have to prove that the petitioner’s underlying fear is no longer objectively reasonable or credible.
- File a Motion to Modify (Form AA 52): You can file a motion to modify the terms of a full order of protection that has already been issued against you. By filing Form AA52, officially known as the Affidavit of Changes in Circumstance and Motion to Modify Judgement of the Full Order of Protection, you will have to show a change in circumstances sufficient enough to justify the modification. RSMo 455.060 discusses modification of orders and a change in your circumstances which may include completing counseling, relocating, or changes affecting contact or visitation arrangements. The form requires you to explain the circumstances, provide supporting details, and specify which restriction you want modified. Your signature will have to be witnessed by a court clerk or notary before filing. The court will then provide notice and hold a hearing to determine whether modification is appropriate.
- Comply with all Court Orders in the Meantime: A pending legal challenge does not “stay” (or pause) an active full order of protection. Failing to comply with the order is a criminal offense under Missouri law and allows law enforcement officers to make a mandatory, warrantless arrest if they have probable cause to believe you knowingly violated an active order. A violation can destroy your credibility that there is no ongoing risk and cause you to lose your firearm rights or face employment and housing obstacles.
What Happens if I Violate an Order of Protection?
Under RSMo 455.085, violating an order of protection is a Class A misdemeanor offense, punishable by up to one year in jail and a fine up to $2,000. Additionally, if you have been convicted of this charge in the past, another violation becomes a Class E felony and you face up to four years in prison or a fine up to $10,000.
Depending on the circumstances, law enforcement may arrest you for an alleged violation even if the incident did not occur in an officer’s presence.
Beyond criminal penalties, violating an order of protection can also result in additional court-imposed restrictions, probation conditions, or electronic monitoring. If you have been accused of violating an order of protection, an experienced St. Louis criminal defense attorney can review the allegations, determine whether the prosecution has sufficient evidence, and help you protect your rights.
The Collateral Consequences of an Order of Protection
When a Missouri order of protection is filed against you, it can affect multiple areas of your life. While this is a civil matter rather than a criminal conviction, this ruling can negatively affect your freedom, career, housing and more.
The collateral consequences you may face if an order is granted against you included:
- Gun Ownership Limitations: If a full order of protection is issued against you after a hearing, it is illegal for you to ship, transport, possess or receive firearms or ammunition. Worse, a judge can order you to surrender all of your firearms to local law enforcement for the duration of the order.
- Employment and Career Jeopardy: Granted orders are entered into the Missouri Uniform Law Enforcement System and the National Crime Information Center, meaning they will appear on background checks. If you work in a field that requires a professional license or security clearance, you may face the suspension, revocation or denial of your security clearance and impact to your professional license.
- Housing and Financial Disruptions: You may face eviction from your home if you share a residence with the petitioner (even though you may still legally be required to pay the rent or mortgage) and the judge can order you to pay temporary child support, spousal maintenance or continuing paying for shared utilities and insurance policies.
- Family and Custody Restrictions: The order may alter your custody arrangement (the judge can grant temporary sole legal and physical custody of your children to the petitioner) or if you are allowed to see your children, the court may require all visits to be strictly supervised or halt contact entirely.
- Increased Criminal Liability: Once an order is active, any communication can be considered a violation. Additionally, while the order itself is civil, violating it is a Class A misdemeanor offense in Missouri, resulting in a criminal record and potential jail time.
- Public Record Implications: Landlords frequently run background checks and a domestic protective order can make it difficult to get approved for an apartment.
How a St. Louis Order of Protection Defense Attorney can Help You Get an Order of Protection Dismissed
Because the court only needs a preponderance of the evidence to issue a full order of protection, you cannot afford to take this situation lightly. At Combs Waterkotte, our St. Louis order of protection defense lawyers will examine the circumstances surrounding your case, identify potential weaknesses in the allegations, and develop a strategy to challenge the order.
We are able to help you by:
- Challenging Insufficient Evidence: We can review the allegations and determine whether the petitioner has met Missouri’s legal requirements for obtaining a full order of protection.
- Gathering Evidence that Contradicts the Allegations: We can examine text messages, emails, surveillance footage, witness statements, and other evidence that may support your version of events.
- Representing Clients at Protection Order Hearings: We can challenge inconsistent testimony, question witnesses, present evidence, and argue against the issuance of a full order.
- Identifying False or Retaliatory Allegations: We can investigate whether accusations may have been exaggerated, fabricated, or connected to divorce, custody disputes, or other personal conflicts.
- Seeking Modification or Other Relief: If a full order is already in place, we can evaluate whether the circumstances justify requesting modification or pursuing an appeal.
If someone has filed an order of protection against you based on false or retaliatory allegations, you may also be concerned about fabricated claims that you violated its terms. Even an unfounded accusation can result in a police investigation, potential arrest, and additional criminal charges. Our legal team can investigate alleged violations, challenge accusations that are unsupported by the evidence, and help you understand the court’s restrictions to avoid further legal complications.
Has an order of protection affected your ability to return home, go to work, or spend time with your family? At Combs Waterkotte, we understand how much is at stake and are prepared to fight for your rights, reputation, and future. Contact our St. Louis order of protection defense lawyers at (314) 900-HELP today for a free case review and learn how we can help you challenge an order of protection and pursue its dismissal.
