Missouri Orders of Protection Attorneys

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Whether positive or otherwise, new situations in the lives of people and their children can mean that a person needs to be restricted from being a part of your life or the life of a family member.

If you need advice about the possibility of getting an order of protection, contact an experienced family law attorney at the Roberts Law Firm, P.C. in St. Louis, Missouri.

Who qualifies to get an order of protection?

Domestic Violence: An order of protection protects you from abuse by a family or household member, including:

  • Current spouse
  • A former spouse
  • Someone you currently live with
  • Someone you have lived with
  • A parent related to you by blood or marriage
  • Another person related to you by blood or marriage
  • Someone you are dating or have dated
  • Someone whom you have had a child, even if you never lived together

What are orders of protection?

An order of protection is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser. You are eligible to file for an order of protection if your abuser is a family or household member — see below for legal definition of domestic violence.

You may also file for an order of protection against someone who is stalking you, no matter what that your relationship is to that person.

Please note that in MO, restraining orders for domestic violence and stalking are called orders of protection. We have used the term “restraining order” generically in some places, but in MO, the proper term and the term you should use in court is “order of protection.”

What is the legal definition of domestic violence in Missouri?

  • “Abuse” includes but is not limited to the occurrence of any of the following acts, attempts or threats against a person who may be protected:
  • “Assault”, purposely or knowingly placing or attempting to place another in fear of physical harm;
  • “Battery”, purposely or knowingly causing physical harm to another with or without a deadly weapon;
  • “Coercion”, compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage;
  • “Harassment”, engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to another adult and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable adult to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner. Such conduct might include, but is not limited to:
    • Following another about in a public place or places;
    • Peering in the window or lingering outside the residence of another; but does not include constitutionally protected activity;
  • “Sexual assault”, causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress;
  • “Unlawful imprisonment”, holding, confining, detaining or abducting another person against that person’s will;

In general, if a family or household member hurts you or tries to hurt you (with or without using a weapon) or gives you reason to believe that they are going to hurt you in the near future, that person has committed an act of domestic violence. For the purposes of getting an order of protection, you must have a specific relationship with your abuser (see Who qualifies to get an order of protection?).

If you have been subjected to this type of behavior, contact The Roberts Law Firm, P.C. immediately so we may advise you of your legal rights.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.