If a household member or someone you had a relationship with is abusing you, legal and public help is available. Public assistance organizations include:
Filing a restraining order may be the next possible step to secure the safety of you and your family. If you believe your situation calls for legal protection, you can file an Order of Protection with Missouri’s courts. Here are some links explaining how to file a protection order:
An Order of Protection is an Order by the Court that one person is to stay away from and not contact another person. Protection Orders are enforceable by law enforcement and have stiff repercussions for those who violate them.
A restraining order is a legal decree issued by a court to protect an individual from harassment or threats by another person. Typically, the person asking for the order, known as the petitioner, requests protection from someone they fear might pose a danger to them. This order can restrict the abuser from contacting or approaching the victim.
It’s vital to note that restraining orders aren’t limited to personal relationships; they can also be used in cases involving harassment by strangers or acquaintances. This order acts as a legal tool to ensure your safety and peace of mind.
To obtain a restraining order, you’ll generally need to file a petition with the court outlining your concerns and experiences. During the hearing, you may need to provide evidence or testimony to convince the judge of the necessity of protection. Once issued, violating a restraining order can lead to severe legal consequences, further reinforcing its importance as a protective measure.
Your first step will be to pay a visit to the Circuit Court in the county where the other party resides to fill out the paperwork. At that time, a Judge will review the allegations and determine if an ex parte Order is necessary.
An ex parte Order is a temporary Order that remains in place until the full hearing can occur. If you are seeking a Protection Order on behalf of a child, a Guardian Ad Litem, the advocate for the best interest of a minor child, will be appointed. Be sure to get in touch with your Guardian Ad Litem as soon as possible if one is appointed in your case.
Once everything is filed, the Court will then attempt to serve the Respondent and typically set up a hearing within thirty days of the petition being filed with the Court. Please note that the ex parte Order does not bind the Respondent until they are served.
Missouri’s restraining order laws are designed to offer protection to individuals facing various forms of harassment or potential harm. These legal measures are generally categorized to address different personal safety concerns, equipping individuals with the necessary tools to protect themselves from unwanted interactions or abusive situations. The process for obtaining a restraining order begins with demonstrating credible evidence of harassment, abuse, or threat to one’s safety. Within the state, the law covers several grounds under which an individual can seek a restraining order, ensuring that victims have the necessary legal support.
While focusing on personal safety and well-being, Missouri’s laws facilitate obtaining a restraining order through a straightforward legal procedure. Applicants must provide evidence supporting their claims, which is then reviewed by the court. If the judge determines that there’s sufficient cause, a temporary restraining order may be issued immediately, offering immediate protection until a court hearing is conducted. This approach enables the state to act swiftly in putting preventive measures in place.
Missouri’s legal framework aims to offer comprehensive security by considering various relationship dynamics, including those in domestic settings, dating relationships, and even situations involving cohabitation. Each case is evaluated based on its unique circumstances, ensuring that the protection offered through a restraining order is appropriately tailored to the individual’s specific needs.
After your Order of Protection has been served to the respondent, there are two things that can happen:
Either decision will grant a Protection Order limited to a period of one year. Protection Orders can be renewed annually.
At Haefner Law Office, we are extremely experienced in matters involving Protection Orders. Anticipate that the other party will have an attorney advocating against you. You can always benefit from the expertise of an experienced Protection Orders attorney.
To get the Judge to grant your Protection Order request, you’ll be expected to prove:
Consider the Missouri Statutes for further information on laws related to Child Protection Orders. Pay special attention to the definitions, who can seek relief, and Protection Orders – especially Ex Parte Orders if you are trying to get one right away.
As a volunteer at a battered women’s shelter, I can assure you that you cannot and should not have anyone represent you that is not a skilled litigator or an expert in this area of law. You cannot and should not waver in your desire to keep yourself and/or your children safe. Nobody has the right to threaten you, put you in harm’s way, or abuse you.
While a lot of attorneys say they are able to represent you in these matters, the experts at Haefner Law Office, LLC will give you the best possible chance at getting your request granted. The last thing you want to do is put your safety in the hands of an unprepared attorney to get your Petition for Order of Protection granted.
Contact Haefner Law Office at (314) 200-6101 to get more information regarding Protection Orders and see if it is right for you and your family.
Thank you for considering Haefner Law Office in this difficult time. We hope to hear from you soon.
