In the state of Missouri, the Domestic Violence Act allows a judge to approve a request for protection in cases of abuse, harassment, or stalking. It’s often necessary to get the help of an attorney when filing this type of petition to ensure you get the kind of protection you need. There are two main categories of orders of protection, and understanding what each one entails will give you needed peace of mind as you move forward.

What Are the Types of Orders of Protection?

Ex Parte Order of Protection

This type of order is intended to provide immediate and temporary protection in cases where there is a present danger to the petitioner. Once an attorney files for the ex parte order of protection, a copy of the petition must be immediately presented to a family law court for approval. If the judge finds that there is an immediate threat of violence against the petitioner, the request will be granted. It’s valid for 15 days unless a court hearing is scheduled before that period has expired. Whether or not the petition is granted, the judge may still set a hearing to decide if a full order of protection is justified. 

Once an ex parte order of protection is granted, the police will notify the individual named in the petition, referred to as the respondent. This person will be prohibited from disturbing the peace of the petitioner. The order will also prohibit the respondent from entering a dwelling that they occupy, co-own, or rent with the petitioner. 

The ex parte order of protection will also prohibit the respondent from communicating with the petitioner in any way. This includes contacting the individual via social media websites, text messaging, and email. If the petitioner and respondent share custody of minor children, full custody may temporarily be awarded to the petitioner.

Full Order of Protection 

A hearing for a full order of protection is an official court proceeding and is recorded in court transcripts to provide a written record. Once granted, a full order of protection is valid for 180 days up to one year. As with an ex parte order of protection, law enforcement serves notice to the respondent, and the order is entered into the state’s law enforcement computer system, which ensures agencies throughout the state will have access to the order.

Since this is an official hearing, the respondent has a right to attend and can hire an attorney or law firm to represent them in the proceeding. Once granted, the judge may approve some or all of the protections offered in the ex parte order of protection, extending those protections for up to a year.

Baker Law Firm LLC is a comprehensive law firm that will fulfill your legal needs in Osceola, MO. When you’re in need of an attorney to help you obtain an order of protection or handle any other type of family law matter, these attorneys will stand by your side. Visit their website to learn more about their range of legal services. To make an appointment for an initial consultation, call (417) 646-8125 today.