Domestic violence is a serious matter. When things may turn physical, a victim must take steps to protect themselves from further attacks.
Obtaining an order of protection in Missouri gives victims a legal backing to keep their attacker away from them. After it’s issued, it can be enforced by police officers if it’s violated.
What is an order of protection?
An order of protection, which is also known as a restraining order, is a legal document issued by a court to help safeguard victims. It can restrict the abusers from contacting or coming near victims, their children or other specified individuals.
Before starting the legal process, victims must ensure they are in a safe environment. They can contact local shelters, hotlines or law enforcement if immediate assistance is needed. They can then take the following steps to work toward securing an order of protection:
- File a petition in circuit court. This requires providing information about the abuse, including dates, locations and descriptions of the abuse.
- Temporary ex parte order: The court may issue a temporary ex parte order without the alleged abuser’s presence. This provides immediate protection until a full hearing can be held.
- Service of process: The abuser will be served with the petition and the temporary order. They’ll be provided with the terms and the upcoming hearing date.
- Court hearing: A full hearing is usually scheduled within 15 days. Both the victim and the abuser will have the opportunity to present their case to a judge.
If the judge finds sufficient evidence of abuse, a final order of protection will be issued. This order can last up to one year and can be renewed if necessary. It outlines specific restrictions and conditions to better ensure the victim’s safety.
The process of obtaining an order of protection after an abusive altercation can be intense. Victims of domestic violence may benefit from having a legal representative who can explain the process and help them to safeguard their well-being accordingly.