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How Can I Obtain a Restraining Order in Missouri?

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How Can I Obtain a Restraining Order in Missouri?

How Can I Obtain a Restraining Order in Missouri?

As an attorney dedicated to protecting your rights and ensuring your safety, I’m Scott A. Hamblin, and I understand how critical it is to act swiftly when you need protection from harm. Whether you are facing domestic violence, stalking, or any form of harassment, obtaining a restraining order can be a crucial step toward safeguarding yourself and your loved ones. As your legal advocate, I’ll guide you through the process of obtaining a restraining order in Missouri, explaining the necessary steps and what to expect along the way.

When Is a Restraining Order Necessary?

Restraining orders, also known as orders of protection, are legal directives issued by a court to prevent an abuser from continuing their harmful behavior. These orders are vital for anyone experiencing physical harm, threats or intimidation.

Several situations might call for a restraining order:

  • Domestic Violence: This includes physical harm, threats of harm or emotional abuse. 
  • Assault and Battery: Any act of violence or threat that puts you in fear for your safety. 
  • Ex Parte Violations: Immediate danger situations where the abuser must be restrained without prior notice. 
  • Criminal Non-Support: Abandonment or failure to provide necessary support. 
  • Harassment or Threats: Continuous, unwelcome conduct that causes distress.

If you find yourself in any of these scenarios, seeking a restraining order can offer a legal shield against further abuse.

Factors Judges Consider for Full Orders of Protection

When determining whether to issue a full order of protection, a judge will consider several factors, including:

  • The abuser’s history of physical harm or threats.
  • Instances of stalking or causing fear of harm.
  • The abuser’s criminal record, particularly dangerous felonies.
  • Previous protection orders against the abuser.
  • Violations of probation, parole or prior protection orders.

These considerations help the court assess the level of danger and necessity for ongoing protection.

The Process of Obtaining a Restraining Order

Here’s a step-by-step overview of the process:

  1. Filing a Petition: You can file a petition at the circuit court in the county where you live, where the abuse occurred, or where the abuser can be served. There are no fees for filing due to domestic violence. 
  2. Issuance of Ex Parte Order: If immediate danger is present, a judge may grant an ex parte order without the abuser’s prior knowledge. 
  3. Court Hearing: A hearing is scheduled within 15 days for a full order of protection. Both you and the abuser will have the opportunity to present evidence and testimonies. 
  4. Judge’s Decision: Based on the presented information, the judge will decide whether to issue a full order of protection.

Enforcement and Safety Planning

Once granted, a protection order must be enforced effectively:

  • Out-of-State Enforcement: Missouri orders are valid nationwide under the Violence Against Women Act. Registering the order in a new state can facilitate enforcement. 
  • Safety Planning: Review and distribute copies of the order, change locks and phone numbers if necessary, and continue safety planning with local domestic violence organizations.

Call Today to Discuss Your Situation

If you or someone you know is in need of a restraining order, taking immediate action is crucial. As your attorney, I am committed to providing you with the highest level of legal representation, ensuring your safety and peace of mind. Contact me, Scott A. Hamblin, to discuss your situation and learn more about how I can assist you in obtaining the protection you need.

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