455.040. Hearings, when — duration of orders, renewal, requirements — copies of orders to be given, validity — duties of law enforcement agency — information entered in MULES — objection, personally served.
Courts can issue protection orders after a hearing — and renew them based on the situation.
This law explains how full orders of protection are issued, how long they last, when they can be renewed, and how law enforcement is involved. It also outlines what happens if the respondent objects to a renewal.
1. Hearings and order durations:
- (1) A hearing must happen within 15 days after a petition is filed, unless delayed for good reason. If abuse is proven, a full order of protection will be issued:
- Valid for 180 days to 1 year by default
- Valid for 2 to 10 years if the court finds the respondent is a serious danger
- (2) The petitioner can request annual renewals. Renewals follow the same time rules unless the court has found the respondent is a serious danger — in that case, the order can be renewed for up to the respondent’s lifetime.
- (3) The court may order automatic renewals unless the respondent objects at least 30 days before expiration. An ex parte order may be issued to cover the time before the hearing.
- (4) In deciding whether someone is a serious danger, the court considers:
- Evidence strength
- History of harm or threats
- Criminal record
- Previous protection orders
- Felony convictions or violations of past orders
- (5) If someone is found to be a serious danger, the order cannot be changed for 2 years unless the court holds a hearing and finds proof that the person has completed treatment and is no longer a threat.
2. Serving the respondent:
- The court must serve a copy of the petition, notice of the hearing, and any ex parte order to the respondent at least 3 days before the hearing.
- A full order must be served or mailed to the respondent’s last known address.
- Serving these documents is a priority and must happen quickly. Failure to serve does not invalidate the order.
3. Law enforcement and system entry:
- The petitioner and local police must receive a copy of any order.
- Courts must provide information for entry into MULES and NCIC systems.
- Sheriffs must enter the order into MULES within 24 hours. MULES will share it with NCIC and NICS.
- Updates to custody or expiration must also be sent to law enforcement systems.
4. If the respondent objects to automatic renewal:
- The court must personally serve the objection and hearing date to the petitioner at least 3 days before the hearing.
- This service takes priority over other cases, except for emergencies.
Contact us online or call (314) 900-HELP to speak with a Missouri order of protection defense attorney.
