An ex parte order of protection can change your life in an instant. Without warning or the chance to defend yourself, you may suddenly find yourself facing serious legal consequences that can follow you for years.
In St. Louis, Missouri, the protection order process moves quickly and taking immediate action is critical. What you do in the 15 days leading up to your full hearing is essential to protecting your reputation and preserving your future.
Why the ex parte process feels one sided
In Missouri, judges can issue temporary protection orders without the respondent’s presence in court. Courts also grant these orders under a relatively low burden of proof. These orders are not a permanent final ruling, but they still require immediate compliance to avoid criminal charges.
What you stand to lose
The consequences of a full order of protection have immediate and long-term effects. Respondents can face a bar from their residence and lose custody or visitation rights.
These orders can also appear on background checks, which can affect their employment opportunities and firearm rights. When a protection order overlaps with pending domestic assault charges, any claimed violation can lead to a prompt arrest. It can also give prosecutors strong leverage in the ongoing criminal case.
Preparation during the 15-day window
During the critical 15-day window before your hearing, you and your lawyer can proactively build your defense by doing the following:
- Saving digital evidence that can disprove the allegations
- Identifying witnesses who can support your story or challenge the petitioner’s honesty
- Using legal discovery tools to uncover the evidence the other party intends to use against you
This deadline is brief and requires prompt action and careful preparation. Doing so can give you the best chance to tell your side of the story in front of the judge.
Defense tactics for the full hearing
In addition to preparing a robust case that supports your side, your attorney can use different methods for your defense strategy. They can challenge the petitioner’s credibility by identifying inconsistencies in their story during cross-examination.
Your lawyer can also argue that the petitioner failed to prove a good cause as required by Missouri statutes when they filed for the order. Additionally, your attorney can also contextualize the dispute that led to the filing by saying it was a spat or heated argument and rather than actual abuse.
Helping you tell your story
Facing an order of protection can feel overwhelming and unfair. But the full hearing is your chance to present your side and challenge the allegations. A lawyer can help you prepare a structured defense and fight by your side for a favorable outcome.