Orders of Protection / Restraining Orders

An Order of Protection is also known as a restraining order. Missouri recognizes two-types of restraining orders: an adult order of protection and a child order of protection. Generally, people apply for orders of protection as a means to obtaining a court order preventing another person from having contact with them or their child.

Adult Order of Protection

An adult order of protection is a type of order to prevent an adult from having contact with another adult. These are generally filed when there have been instances of physical assault, physical abuse, sexual abuse, harassment or stalking. The purpose of an adult order of protection is to prevent a person from engaging in the unwanted contact.

Child Order of Protection

A child order of protection is a type of order to prevent a person from having contact with a child. These are generally filed when there has been an incident of domestic violence, sexual abuse or harassment. The purpose of the child order of protection is to prevent a person from engaging in contact with a child.

Ex Parte Order of Protection

An Ex Parte Order of Protection is a type of Order where the judge enters an order preventing a person from having contact with an adult or child pending a hearing on the petition for an order of protection. The Ex Parte Order of Protection provides immediate relief from unwanted contact. But, this type of order is of a limited duration and is only temporary in nature. It is not intended as a final order of protection. The person applying for the order of protection must still continue to appear in court and request a full order of protection, otherwise, the Ex Parte Order of Protection may be dismissed by the court.

Full Order of Protection

A Full Order of Protection is good for up to one year. And it can be renewed. In order to obtain a Full Order of Protection, the person applying for the Order must be prepared to not only appear in court, but proof why the Full Order of Protection is necessary.

The person against whom the Full Order of Protection is sought has the right to appear in court and challenge the application for the Order of Protection. There are a number of reasons why a person will not want an Order of Protection entered against them. Some employers may not hire individuals who have active Orders of Protection entered against them. Some future employers may not hire individuals who have a past history of Orders of Protection entered against them. There are also state and federal laws that can prevent a person from owning or possessing firearms who have had Orders of Protection entered against them. It’s also a crime to violate an Order of Protection. Violating an Order of Protection can lead to the filing of criminal charges and a person’s arrest.

Scott Hamblin has represented numerous individuals regarding Orders of Protection. Whether you are wanting to file for an Order of Protection or whether you have been served with an Order of Protection, call Scott today at (573) 821-4013 for assistance with your legal issue.

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