Answered by Christopher Combs in Orders of Protection on May 07, 2025.

Orders of Protection can seriously impact your freedom, your record, and your relationship with your family — often before you’ve had a chance to defend yourself. As trusted Missouri defense attorneys, Combs Waterkotte helps clients across St. Louis, Kansas City, and the entire State of Missouri fight back and protect their rights.

Below are answers to the most common questions we get about restraining orders in Missouri, what they mean for your future, and how to respond if you’ve been served.

Table of Contents

What Are Orders of Protection in Missouri?

Orders of Protection in Missouri are court-ordered restraining orders designed to protect alleged victims from domestic violence, abuse, harassment, or stalking.

There are two types of Orders of Protection in Missouri (and most states). These include:

  • Ex Parte: A temporary order issued without the accused being present. This can restrict contact, remove someone from their home, or suspend visitation rights.
  • Full Orders of Protection: Issued after a court hearing, usually lasting up to a year (and is renewable). This order can enforce more permanent restrictions and may include provisions for child custody, property, and firearms.

If you’ve been served with one — or believe someone may file one against you — it’s important to take it seriously. Violating an order, even unintentionally, can lead to criminal charges. A Missouri Orders of Protection Defense Lawyer can help you understand your rights and prepare for the hearing.

Common Reasons Orders of Protection May Be Filed

A judge may grant an Order of Protection if someone alleges they’ve been the victim of:

  • Domestic Violence or Abuse: Physical harm, threats, or intimidation from a household or family member
  • Stalking: Repeated unwanted contact, following, or surveillance that causes fear
  • Harassment: Verbal abuse, threats, or persistent unwanted communication
  • Sexual Assault or Exploitation: Including non-consensual contact or coercion
  • Threats Against Children: Includes emotional, physical, or sexual abuse

These claims don’t have to involve physical harm or explicit sex crimes — emotional or psychological distress may be enough for a judge to issue a temporary (Ex Parte) restraining order.

Do I Need a Lawyer If I’m Issued a Restraining Order in Missouri?

Yes. If you’ve been served with a restraining order, representing yourself in an Order of Protection hearing is a gamble — and usually a losing one. These initial hearings may seem informal, but they are legal proceedings with rules about evidence, testimony, and objections. If you don’t know how to respond to an objection or present your side effectively, you risk serious consequences.

Our restraining order defense attorneys know how to:

  • Challenge evidence that shouldn’t be admitted
  • Make and respond to objections in real time
  • Cross-examine the petitioner without making things worse
  • Protect your rights throughout the entire hearing process

This isn’t like fighting a traffic ticket. If you’re facing a restraining order in Missouri, talk to a lawyer now before you walk into court alone.

An experienced attorney can also:

  • Help keep an Order of Protection off your public record
  • Reduce charges, fines, and long-term consequences
  • Keep you out of jail by ensuring full compliance with the order
  • File motions to address unavoidable contact with the petitioner (school, work, kids, etc.)
  • Navigate the appeals process if the judge rules against you

Read on to learn more about the Order of Protection Lawyers at Combs Waterkotte and give us a [call] if you find yourself in need of legal support.

What to Do After You’ve Been Served With an Order of Protection?

If you’re served with an Order of Protection — usually by a sheriff’s deputy or local police officer — take it seriously. Even though it’s civil, violating the terms can lead to criminal charges. The order may restrict where you can go, who you can contact, and could even force you out of your home.

First, read the paperwork carefully. It will include the petitioner’s allegations and the date of your court hearing. Do not contact the petitioner, even if you are confused and mean well. Trying to “clear things up” can be a violation and will not help your case.

Contact a defense attorney immediately if you’ve been served an order of protection in Missouri. Our lawyers will help you understand the process and start building your defense.

Legal preparation includes:

  • Walking you through the allegations and what the court will consider
  • Preparing to testify and challenge the claims at the hearing
  • Anticipating how both sides will be questioned in cross-examination
  • Gathering evidence that supports your credibility and story

How you respond to an Order of Protection matters. Don’t panic, don’t contact anyone connected to the case, and follow the order to the letter. Then call a defense lawyer. A simple misunderstanding can spiral fast — and what could’ve been dismissed might become a lifelong mistake.

How Long Does an Order of Protection Last in Missouri?

Most Full Orders of Protection in Missouri last one year, but courts have discretion. A judge can issue an order for as little as 180 days or extend it up to 10 years — especially if there’s a pattern of harassment or credible threats of harm.

Don’t assume the order will expire quietly. Orders of Protection must be renewed by the petitioner before the order’s expiration date. If they don’t, the order expires.

While active, these orders can seriously affect your day-to-day life. They usually prohibit all contact with the petitioner — including messages relayed through third parties — and may bar you from shared public spaces like schools, workplaces, or local community areas.

If the petitioner intentionally approaches or corners you, walk away immediately. You may still face legal consequences if contact occurs, but repeated behavior by the petitioner could be relevant in future court proceedings. Document these events and let your defense team know.

These restrictions are enforceable by law. Violating them — even unintentionally — can lead to arrest. Learn more about those penalties in the next section.

What Are the Penalties for Violating an Order of Protection?

Violating an Order of Protection in Missouri is a criminal offense — and it’s treated seriously, even if it’s your first violation. You can be arrested on a warrant, and judges often see violations as a direct challenge to the court’s authority.

Penalties depend on the circumstances:

  • First Violation: Usually charged as a Class A Misdemeanor, punishable by up to one year in jail and a $2,000 fine.
  • Aggravated Violations: If the violation involves a weapon, physical injury, or occurs during another crime, it may be charged as a Class D or Class E Felony — even on a first offense.
  • Three or More Violations: If you’ve been found guilty of violating an order of protection two or more times in the past five years, a third offense is a Class E Felony.

Even indirect or unintentional contact — like going to the same grocery store, reacting to a social media post, or having a mutual friend relay a message — can count as a violation. The burden is on you, not the petitioner, to avoid all prohibited contact.

Courts don’t take these violations lightly. If you’re accused of breaking the terms of a restraining order, talk to a defense lawyer immediately to avoid jail time and additional charges.

How Does an Order of Protection Affect Custody and Visitation Rights?

If children are involved, an Order of Protection can instantly affect who gets to see them — even before any formal custody hearing takes place. Judges in Missouri have the power to grant temporary custody, restrict contact, or require supervised visitation as part of the protection order itself.

This can happen in two ways:

  • Child Orders of Protection: Filed on behalf of a child, these can immediately block one parent’s access and assign full temporary custody to the other.
  • Adult Orders Involving Children: Even if the order is between adults, the court may impose limits that affect parenting time, drop-offs, or any form of communication involving the kids.

These aren’t permanent custody rulings — but they can influence future decisions in family court. And because the judge only needs “preponderance of the evidence” — a lower standard than in criminal cases — even unproven or one-sided allegations can lead to major restrictions.

Bottom Line: If you’re facing a restraining order and share custody, the judge can limit your parenting time quickly — even without a full custody hearing. These decisions aren’t permanent, but they can shape what happens in family court.

How Do You Challenge or Fight an Order of Protection?

Yes — you can challenge an Order of Protection in Missouri. If you were served with an Ex Parte restraining order, a hearing will be scheduled within 15 days. The immediate restrictions remain in effect until that court date, where you’ll have the chance to contest the allegations against you.

What Happens at the Hearing?

At the hearing, both sides can present evidence and testimony. As the respondent, you and your attorney may:

  • Present evidence such as texts, emails, photos, or videos that dispute the allegations
  • Call witnesses who can support your version of events
  • Cross-examine the petitioner to challenge the accuracy or credibility of their statements
  • Testify on your own behalf to share your side of the story directly with the judge

The judge’s decision often comes down to credibility. Staying calm, respectful, and prepared in court can make a major difference — especially when the petitioner’s claims are vague or unsupported. Your attorney can help frame your case clearly and focus on facts that matter most to the court.

If the court finds the petitioner’s claims lack merit or any legal grounds for a restraining order, the Ex Parte order may be dismissed. Otherwise, the judge may issue a Full Order of Protection, which usually lasts up to a year (see above for more information).

Can I Get a Restraining Order Removed From My Record?

In Missouri, you cannot have an Order of Protection expunged from your record. Even if the case is dismissed, a record of the filing may still be visible to the public, including potential employers or landlords.

You may be able to petition the court to seal or remove the record if one of the following applies:

  • Dismissal by Consent: The petitioner voluntarily withdraws the order, or both parties agree to end the case without a hearing. If this happens, your attorney can file a motion to remove the order from public access.
  • Dismissal After Hearing: If you fight the order in court and the judge rules in your favor, you can ask the court to seal the record — especially if the judge found the claims unsubstantiated or frivolous.

Even if the petitioner withdraws an Ex Parte Order of Protection before the hearing, the filing may still appear on Case.net and other public databases.

Because the paper trail is always going to be there, it’s important to get behind these claims as soon as possible. A criminal defense lawyer can help you avoid this outcome entirely if you act fast.

What’s the Burden of Proof in Orders of Protection Cases?

In Missouri, the petitioner has the burden of proof — but it’s not the same as in a criminal case. Instead of “beyond a reasonable doubt,” the court uses a preponderance of the evidence standard. That means the judge only needs to believe it’s more likely than not that the alleged abuse, stalking, or harassment occurred.

This lower threshold makes it relatively easy to get a temporary (ex parte) order — sometimes based on a single accusation, especially in emotionally charged situations like breakups, arguments, or domestic disputes. Police may even tell someone to file for an Order of Protection when there’s not enough evidence for an arrest.

At the full hearing, the judge will weigh two things:

  • Credibility: Does the petitioner seem believable? Is their story consistent and supported by facts?
  • Veracity: Can you offer anything that casts doubt — like texts, emails, or contradictions — that show the petitioner may be lying or exaggerating?

As noted before, it’s important for the respondant to avoid any points of contact with the petitioner, the petitioner’s family, mutual friends, or anyone until the hearing in 2-3 weeks.

Avoiding the petitioner isn’t always simple. You might attend the same school, share a class, work together, have kids in the same daycare, or run into each other through mutual friends. If there are unavoidable points of contact, tell your lawyer immediately. They can file a motion to address the issue — otherwise, you risk a warrant or criminal charge for simply being in the wrong place.

What Is Burden of Proof? You can be removed from your home, lose parenting time, or be charged with a misdemeanor based on very little. That’s why it’s critical to gather evidence, stay composed, and have an Order of Protection Defense Lawyer who knows how to push back in court and is there to help out in these precarious situations.

Can I Appeal a Full Order of Protection in Missouri?

Yes — if a judge grants a Full Order of Protection against you, you have the right to appeal the decision. Missouri law gives you 10 days to file a notice of appeal. This process asks a higher court to review the judge’s decision for legal or procedural mistakes — not just whether you agree with the outcome.

We break down the steps in this video on how to appeal a restraining order in Missouri. You can also read more about criminal appeals in Missouri for an additional outline.

When Can You Appeal?

Most appeals are based on grounds that the judge:

  • Misapplied the Law: If the judge issued the order without sufficient legal grounds or misinterpreted key statutes.
  • Improper Evidence: Hearsay, irrelevant claims, or unauthenticated materials were allowed and used to justify the ruling (i.e. the petitioner’s proof doesn’t hold up or was exaggerated).
  • Due process violations: You weren’t given a fair chance to testify, cross-examine the petitioner, or present your own evidence.

Your attorney will keep an eye out for trial errors and protect your rights throughout the process. If an appeal is in order, your defense will have 60 days to file the record on appeal, prepare the appelant brief, conduct oral arguments, and help you through the entire process.

Note: Appeals don’t re-argue your case — they focus on whether the court followed proper procedure and applied the law correctly. If successful, the appeal could shorten the restraining order, change its terms, or remove it entirely.

If you think the ruling was unfair or legally flawed, contact a defense attorney immediately to preserve your right to appeal. The clock starts ticking as soon as the order is issued.

Why You Need a Defense Lawyer for an Order of Protection Case in Missouri

At Combs Waterkotte, we’ve defended clients across Missouri in some of the most complex and high-stakes Order of Protection cases — from domestic violence allegations to custody disputes and long-term restraining orders. Contact our team today or call (314) 900-HELP to protect your rights, your record, and your future in and out of the courtroom.

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