A protection order is a court order that is intended to prevent harassment, stalking, and abusive behavior. The order is issued by a judge to prohibit the alleged abuser from contact, harassment, and a number of other limitations. The types of restrictions and timeline of the protection order depend on a number of factors, including whether the order is temporary or long-term. 

If you have questions about protection orders after alleged abuse, domestic violence, or child abuse, contact the Joshua Wilson Law Firm today. 

Emergency and Long-Term Orders of Protection in Missouri

An ex parte order of protection is an emergency order issued by a court. However, an ex parte order is temporary and in place until a full order of protection hearing can be held, generally within 15 days. 

A full order of protection requires a hearing before a judge or magistrate. At full protection order hearing, both parties have a chance to respond to the order. The judge can issue a full order of protection for 180 days up to one year. Full orders can also be extended after 1 year. 

Relief Available for Missouri Orders of Protection 

Under Missouri Revised Statutes 455.050, the court has a lot of power to restrict and limit someone who is the subject of an order of protection. The relief available to someone filing for a full-protection order can include: 

1. Prohibit  committing or threatening to commit domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the petitioner;
2. Prohibit entering the premises of the dwelling unit of the petitioner when the dwelling unit, under certain situations; 
3. Prohibit communicating with the petitioner in any manner or through any medium.
4. Award custody of any minor child born to or adopted by the parties;
5. Establish a visitation schedule that is in the best interests of the child;
6. Award child support;
7. Award maintenance to petitioner when petitioner and respondent are lawfully married;
8. Order respondent to make or to continue to make rent or mortgage payments on a residence occupied by the petitioner if the respondent is found to have a duty to support the petitioner; 
9. Order that the petitioner be given temporary possession of certain personal property, including automobiles, checkbooks, keys, and other personal effects;
10. Prohibit the respondent from transferring, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties;
11. Order the respondent to participate in a court-approved counseling program;
12. Order the respondent to participate in a substance abuse treatment program;
13. Order the respondent to pay a reasonable fee for housing and other services provided by a shelter for victims of domestic violence;
14. Order the respondent to pay court costs; and
15. Order the respondent to pay the cost of medical treatment and services that have been provided or that are being provided to the petitioner as a result of injuries sustained to the petitioner by an act of domestic violence committed by the respondent.

Firearm Restrictions Under a Protection Order

Under federal law, a final protection order may make it illegal for the defendant to possess a firearm. However, there may be exceptions and limitations to firearm and ammunition restrictions under a protection order. Talk to your attorney about gun ownership restrictions with a protection order. 

Talk to a Missouri Protection Order About Your Options 

With so much at stake in a protection order hearing, it is important for you to understand your rights and options. Contact the Joshua Wilson Law Firm today by calling (816) 331-9968 or fill out our online form.