How To Get A Restraining Order In Missouri

A restraining order, referred to as an order of protection in Missouri, is a civil writ that restrains or enjoins a respondent from committing or threatening to commit stalking, molesting, domestic violence, disturbing the peace of the petitioner, abusing a pet, or sexual assault against the petitioner. Protection orders in Missouri are governed by the Domestic Relations Code enshrined in Sections 455.010 to 455.085 of the Revised Statutes of Missouri (RSMo).

To obtain a restraining order, a person (the petitioner) must be able to prove that a previous act of abuse has been committed against them by the respondent within or outside the state. Once entered, restraining orders are filed under Missouri civil court records. In Missouri, the violation of a protection order is classified as a class A misdemeanor, unless the respondent has been found guilty of a previous protection order violation within five years from the subsequent violation, in which case the subsequent violation becomes a class E felony (RSMo §455.085, paragraphs 7,8).

Types Of Restraining Orders in Missouri

Missouri courts issue two types of restraining orders:

• Ex parte order of protection—granted based on good cause that demonstrates that the petitioner or a non-adult subject of the petition is in danger of present or imminent harm.
• Full order of protection—granted and issued based on a preponderance of evidence presented before the court (by the petitioner and the respondent).

Are Restraining Orders Public Record In Missouri?

Yes. Under Missouri law, all court records, including protection orders, are presumed public and remain accessible to interested members of the public, unless explicitly sealed by court order. However, since confidential information, such as home addresses and telephone numbers, may be included in the documents filed, courts may regulate access to actual case records and, in some cases, only disclose the status of an order and basic information that are generally considered public. Furthermore, one may experience significantly stricter regulations if the records in question pertain to proceedings involving minors.

How To Lookup Restraining Orders In Missouri

Protective order records are handled like any other civil court record and are obtainable in the same manner. The first step in looking up a protective order is identifying the courthouse that granted the order, usually a circuit court in the petitioner's county of residence. Secondly, relevant information about the case, especially the case number and the full name of the respondent or petitioner, must be gathered. Additional information required to furnish a record request or guide the inquiry process may be obtained from the relevant court's website or by contacting the court clerk. General inquiry options granted by Missouri courts include:

• Online on the court's or court clerk's website
• In person at the appropriate court clerk's office
• Mail-in requests
• Over-the-phone requests
• Third-party websites

Can You Lookup A Restraining Order Online?

Under Subsection 3, Chapter 455.040 of Missouri Revised Statutes, all orders of protection issued in the state must be entered into the National Crime Information Center (NCIC) and the Missouri Uniform Law Enforcement System (MULES). Order information entered into the NCIC is automatically made viewable within the National Instant Criminal Background Check System (NICS). Note, however, that access to information on the NCIC database is limited to criminal justice agencies and law enforcement officers.

Notwithstanding, local law enforcement agencies maintain records of restraining orders served by their officers. If the particular agency associated with a restraining order of interest maintains a public online record database, interested persons will likely find useful order information there. However, such resources may only return search results with basic information about the order and not document images, as restraining orders often contain confidential information.

Similarly, if the courthouse that issued a restraining order maintains an online court record repository for public usage, interested persons may search such websites for information about restraining orders. Information required for an inquiry includes a party's full name (most likely the petitioner) and the case number. On some lookup sites, a person may need to specify the kind of court document (i.e "protective order" or "order of protection", depending on the website) they are looking for using a drop-down menu.

How To File A Restraining Order In Missouri

Residents of Missouri may file a restraining order in the following order:

Step 1: obtain the necessary forms and file them

Forms are obtainable from the circuit court in the county where the petitioner and/or the respondent reside or where the acts of abuse alleged in the petition occurred. The civil court clerk is responsible for issuing the forms and notifying the petitioner of any documents required for filing and the filing procedures.

Step 2: appear before a judge for questioning

Once a petition is filed, the court clerk shall forward it to a judge, who invites the petitioner for questioning. If the petitioner can demonstrate good cause that there is an immediate and present danger of abuse to them, the court shall grant an ex parte order of protection on the same day to bridge the gap pending when a judge can hold a hearing for a full order of protection.

Step 3: Service of process

The court shall schedule a full hearing, which must be held within 15 days from the date a petition is filed. The court shall serve a notice of the hearing, along with a copy of the ex parte protection order (if one was issued) and a copy of the petition. The process must take place at least 3 days before the scheduled hearing date. The petitioner will also receive a notice.

Step 4: hearing for the full order of protection

The hearing for a full order of protection requires the presence of the petitioner and the respondent. At the hearing, the petitioner shall have the opportunity to present evidence to prove that the respondent committed certain acts of abuse against them. If the respondent cannot show that the actions alleged by the petitioner are otherwise justified under the law, the court shall grant and issue a full order of protection for a period of time it deems appropriate.

Can You File A Restraining Order For No Reason In Missouri?

No. As outlined in RSMo §455.020, a resident of Missouri may only seek relief through an order of protection if they have been subject to domestic violence from a household member or former family, or who has been a victim of sexual assault, domestic violence, or stalking by the respondent. A person filing a petition should be willing and able to show reasonable proof that convinces the judge that the respondent committed the alleged acts.

What Proof Do You Need For A Restraining Order In Missouri?

Any court of competent jurisdiction in Missouri may immediately issue an ex parte protection order when a person files a verified petition alleging abuse. Ex parte protection orders do not necessarily require proof for issuance, although the petitioner must show good cause by reasonably establishing that there is the imminent and present danger of domestic violence against them or a minor for whom the petition is filed.

Ex parte protection orders remain relevant for a limited duration, pending when there is a hearing on the motion. At the hearing, the petitioner bears the burden of proving that an act of stalking, domestic violence, abusing a pet, disturbing the peace, molesting, or sexual assault was committed, attempted, or threatened against them by the respondent. Admissible as evidence to support a petition are:

• Written threats
• Medical records that prove bodily harm was inflicted by the respondent
• Eyewitness statements
• Police reports
• Call recordings
• Photos of injuries or damaged property
• Text messages

Upon preponderance of such evidence, a court may rescind an ex parte order previously issued and deny the petition if it establishes that the petitioner is not authorized to seek relief through a protection order. Otherwise, it shall issue a full protection order.

How Long Does It Take To Get A Restraining Order In Missouri?

It depends. Ex parte protection orders are usually granted and issued on the same day a petition is filed, while full protection orders are issued days afterwards, but no more than 15 days from when a petition is filed. A subsequent order may be issued upon the expiration of an order after a future hearing.

How Long Does A Restraining Order Last In Missouri?

The validity period of protection orders issued in Missouri depends on the type of order. Ex parte (emergency) orders of protection must not exceed 15 days–the maximum time allowed between when a petition is filed and when the court conducts a hearing for a full order. Full protection orders are valid for at least 180 days and not more than one year (RSMo §455.040).

If the court makes specific findings after an evidentiary hearing that the respondent poses serious danger to the mental or physical health of the petitioner, the protection order shall last for at least two years and not more than ten years. Upon the expiration of a regular protection order, at a further hearing, the court may extend the validity duration of a protection order if there is reason to believe that the respondent still poses a threat to the petitioner or a minor household member of such a petitioner.

How Much Does A Restraining Order Cost in Missouri?

Under RSMo §455.027, no court cost, filing fee, or bond shall be required of the petitioner in a court action involving an order of protection. In some cases, the judge may order the respondent to pay any associated costs incurred by the petitioner, including attorney fees. Notwithstanding, a petitioner bears the cost of providing necessary supportive documents or materials (not beforehand in possession of the court) that may be required as evidence.

Can You Cancel A Restraining Order In Missouri?

Yes. Per RSMo §455.060, the court can modify or cancel a restraining order with the petitioner's consent after a hearing. However, the court may only grant such a motion based on sufficient evidence or an affidavit showing a change in the circumstances that warranted the issuance of the warrant in the first place. A motion to modify a protection order can be filed by either of the involved parties (respondent or petitioner), a court-appointed special advocate, or the guardian ad litem.

Various county courts require specific forms for filing a motion to cancel a protection order. First, identify the court where the order of protection was granted and approach the court clerk for the appropriate forms and filing guidelines. Once a motion is filed, the court schedules a hearing and notifies all involved parties.