Schedule a consultation 816.331.9968

Blog

What Are the Limitations of a Protection Order in Missouri?

Posted by Joshua Wilson | Apr 21, 2020 | 0 Comments

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.

About the Author

Joshua Wilson

Divorce is complex and highly emotional. Everything is going to change, including your most important personal relationships, your finances, your daily routine, and -- of course -- your home life. This can be a stressful time, and the parties involved often are not thinking clearly. You need some...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Don't Hesitate To Contact Us Today

Time is of the essence in the majority of legal matters. If you are in need of legal representation for your family or criminal matters, contact The Joshua Wilson Law Firm at (816)331-9968 to begin your case evaluation today.

Menu