Domestic violence can take various forms, and it can impact marriages, parent-child relationships, and other types of family relationships. When a person is affected by domestic violence, it may be possible to seek an order of protection under Missouri law. An experienced Cole County domestic violence attorney can provide you with more information about orders of protection and how domestic violence can play a role in any family law issues that arise.
The Missouri Domestic Violence Act defines domestic violence as “abuse or stalking committed by a family or household member.” Abuse can include abusing a pet, assault, battery, coercion, harassment, sexual assault, or unlawful imprisonment. Stalking is defined by Missouri law as “an unwanted course of conduct that causes alarm to another person.” ‘Alarm’ is then further defined to mean “to cause fear of danger of physical harm.”
When a person has been the victim of domestic violence, they can seek an order of protection under Missouri law. A person who seeks an order of protection is known as the petitioner, and the person who is alleged to have committed domestic violence is known as the respondent. When a petitioner seeks an order of protection, they can first obtain an ex parte order, which is “issued by the court before the person against whom the order is directed has received notice of the petition or an opportunity to be heard in court.” As such, an ex parte order is a temporary order until a hearing. Then, at a hearing, if the court finds that there is a need for an order of protection, the petitioner can be granted a full order of protection.
Who is eligible to file a petition for an order of protection? According to the Missouri Domestic Violence Act, either of the following parties can file a petition to seek protection:
When you have any questions about your eligibility to file a petition or when you need assistance after you have been served, it is critical to seek advice from a domestic violence attorney in Cole County who can assist you. Domestic violence cases in Missouri can be complicated, and they can have wide-ranging impacts. Our lawyers can assist you with orders of protection, as well as the effects of domestic violence and histories of abuse or stalking on a divorce case, child custody case, or another type of family law matter.
If you have any questions about domestic violence in Missouri, including how orders of protection work or how domestic violence can impact a family law case, it is critical to seek advice from one of our experienced Cole County domestic violence attorneys.
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