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:
- Prohibit committing or threatening to commit domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the petitioner;
- Prohibit entering the premises of the dwelling unit of the petitioner when the dwelling unit, under certain situations;
- Prohibit communicating with the petitioner in any manner or through any medium.
- Award custody of any minor child born to or adopted by the parties;
- Establish a visitation schedule that is in the best interests of the child;
- Award child support;
- Award maintenance to petitioner when petitioner and respondent are lawfully married;
- 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;
- Order that the petitioner be given temporary possession of certain personal property, including automobiles, checkbooks, keys, and other personal effects;
- Prohibit the respondent from transferring, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties;
- Order the respondent to participate in a court-approved counseling program;
- Order the respondent to participate in a substance abuse treatment program;
- Order the respondent to pay a reasonable fee for housing and other services provided by a shelter for victims of domestic violence;
- Order the respondent to pay court costs; and
- 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.