A Step-by-Step to Getting a Missouri Restraining Order
Physical and emotional abuse can have long-lasting and traumatizing effects on the victim. When disagreements escalate between conflicting parties, getting a restraining order may be the best course of action to take.
However, applying for a restraining order by yourself can be challenging because the process involves documentation and has a lengthy filing procedure. However, you can use DoNotPay to apply for a restraining order in Missouri.
DoNotPay will also guide you on the cost of the restraining order and the proof you need to provide to the concerned authority. Read on for more information.
What Is a Restraining Order?
Also known as a protective order, a restraining order in Missouri is an order by the court, whose primary purpose is to protect someone from being stalked, threatened, or physically or sexually abused. The person receiving the restraining order is the "protected person" while the person whom the order is filed against is called the "restrained person."
Types of Restraining Orders in Missouri
There are two common types of restraining orders in Missouri:
- Ex Parte. It is a temporary order issued before someone appears in court (approximately 15 days).
- Full Order of Protection. The order is issued after a court hearing and can last for one year.
Eligibility for a Restraining Order in Missouri
If you want the judge to grant you a Protection Order request, you will be expected to prove:
- The Respondent is above 17 years of age
- You were "abused" by the Respondent, according to the provisions in RSMo. 455.010
- You were stalked by the Respondent according to RSMo 455.010
- You may be eligible for an Order of Protection if the perpetrator of the abuse is your spouse or ex-spouse, someone you are in a romantic relationship with, someone you are related by blood, or someone you share your house with.
How Much Will I Pay to Get a Restraining Order in Missouri?
You will not be charged when filing a restraining order in Missouri. Once the hearing is made and the Respondent is given a Full Order of Protection, the Court may order the abuser to pay any court fees. The judge could also order your abuser to cater for the attorney's fees.
It is also worth noting that while you may not need to hire a legal representative to apply for a restraining order, you are better off if you have one on your side, especially if you think your abuser will hire one.
How to File for a Restraining Order in Missouri
Follow these steps to file a restraining order in Missouri:
- Visit the Circuit Court in the county where the person you are filing the restraining order against resides and fill out the required paperwork. The judge will review your allegations to determine whether to grant you an Ex Parte order.
- Once you are done with the filing process, the Respondent will be served by the Court. The Court will also set up a hearing within 30 days from the date the petition was filed.
- After the Respondent has been served, two things can happen:
- A consent judgment: the Court does not find the respondent guilty, but gives an order that prohibits the Respondent from contacting the petitioner.
- A contested hearing: Even if the Respondent skips the court hearing, the Petitioner is expected to provide evidence that warrants the Respondent to receive a restraining order
- If the respondent shows up and does not agree with the Consent Judgment, they are given the chance to share their side of the story and provide evidence. The final decision will provide a Protection Order for a maximum of one year, although the order can be renewed annually.
File a Restraining Order in Missouri With the Help of DoNotPay
If you want to apply for a restraining order in Missouri but have no idea where to start, DoNotPay can help you in 3 easy steps:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you’re done!
DoNotPay will compile for you the forms you need to fill out and give you detailed instructions on how to file for a restraining order in your jurisdiction. Stay safe!
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In addition to helping you apply for a restraining order in Missouri, DoNotPay can also help you with:
What Other Services Can DoNotPay Offer?
DoNotPay can provide you with many other services, which include, but are not limited to:
- Getting compensation for crime victims
- Learning robocall compensation
- Suing anyone in a small claims court
- Protecting yourself from stalking and harassment
- Creating a power of attorney
- Learning how to deal with neighbor complaints
- Drafting standardized legal documents
Do not wait any longer. Sign up with DoNotPay today and let us know how we can extend our services to you.