Restraining Orders

There are two types of orders:

1) Ex parte orders of protection

Ex parte is Latin for “from one side.” Ex parte orders may be granted without the abuser’s prior knowledge and without his/her presence in court. A judge may grant you the order based solely on your petition and testimony, without holding a hearing, if you prove there is “good cause” to do so. “Good cause” can be when the judge believes you are in immediate and present danger of being stalked or sexually assaulted.¹

An ex parte order generally will be valid until your court hearing for a full order of protection, which usually takes place within 15 days.² If you desire, you can receive a notification when the ex parte order is served on the abuser.³ Ask the clerk for information on how to get this notification.

If you ask for an ex parte order but the judge doesn’t give you one, you may get a “Notice of Hearing” instead. Although this is not an order protecting you, it means you have a date and time for a hearing, where the judge will decide whether or not to grant you a full order of protection. To get a full order of protection, you will need to prove your allegations of stalking or sexual assault to the judge.

2) Full orders of protection

A full order of protection can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. If the judge grants you an order, it will usually last for a period of time between 180 days and one year. However, it can last between two years and ten years if the judge issues specific written findings that the abuser poses a serious danger to your or your child’s physical or mental health. The judge will decide if the abuser poses a serious danger after considering the following factors:

• the strength (weight) of the evidence;
• the abuser’s history of causing physical harm, bodily injury, or assault;
• the abuser’s history of stalking or causing fear of physical harm, bodily injury, or assault to you or your child;
• the abuser’s criminal record, including whether s/he has been found guilty of any dangerous felony under Missouri law;
• whether any prior full orders of adult or child protection have been issued against the abuser;
• whether the abuser violated any term of probation or parole; and
• whether the abuser violated any term of a prior full or temporary order of protection, especially those that were specifically intended to protect you or your child.²

Orders of protection can be set to automatically renew or a petitioner can file to renew it each time it is set to expire.⁴ For more information, see How do I renew, change, or dismiss an order of protection? in our Orders of Protection due to Domestic Violence section.

¹ MO ST § 455.035(1)
² MO ST § 455.040(1), (4)
³ MO ST § 455.038
⁴ MO ST § 455.040(2), (3)