Custody & parenting ยท Orders of protection
St. Louis Order of Protection Lawyer
An order of protection is Missouri’s civil court order for abuse, stalking, and harassment, and in a family it can decide where someone lives and who has the children within days. We help St. Louis clients obtain orders when they or their children are at risk, and we defend clients who have been served with one. If you are in immediate danger, call 911 first.
The first question most people ask
How does an order of protection work in Missouri?
Under the Adult Abuse Act, Chapter 455 of the Missouri Revised Statutes, a person who has been abused, stalked, or harassed by a family or household member, or by anyone in the case of stalking, can file a petition in the circuit court with no filing fee. The judge can issue an ex parte order the same day, without the other person present, and must hold a hearing on a full order within about 15 days.
What a full order can do
After a hearing where both sides can present evidence, a full order of protection can:
- Prohibit the respondent from abusing, threatening, stalking, or contacting the petitioner, directly or through others
- Exclude the respondent from the home, even one in their name
- Award temporary custody and parenting time, and order temporary child support or maintenance
- Order the respondent to counseling or a batterer intervention program and to pay the petitioner’s costs
- Decide possession of pets and personal property
A full order typically lasts from 180 days to one year and can be renewed; recent amendments allow the court to enter longer orders, up to ten years or more, where it finds the respondent poses a serious danger. An order involving an intimate partner or a child in common also generally triggers the federal firearm prohibition for as long as it is in effect.
Orders protecting a child
A parent or guardian can petition on behalf of a child who has been abused or stalked, under the Child Protection Orders Act. The process mirrors the adult order, and the court can restrict the respondent’s contact with the child and set temporary custody. Where an order of protection and a divorce or custody case overlap, the protection order controls contact until the family court addresses the issue, and the abuse findings become evidence in the custody case.
Why the hearing matters
The ex parte order is based only on the petition. At the full-order hearing the petitioner has to prove the allegations by a preponderance of the evidence, and the respondent can cross-examine and present their own witnesses. Petitioners who come with texts, photos, police reports, and witnesses fare better than those who come with a story alone; respondents who come prepared can and do get petitions dismissed.
Both sides, and the other kind of restraining order
If you have been served, and if your divorce needs a financial TRO
Two situations that bring people to this page have nothing to do with each other except the word “order.” Here is each.
If an order of protection has been filed against you
Treat the ex parte order as fully in force from the moment you are served. Do not contact the petitioner for any reason, including through family, friends, or social media, and do not go to the residence even to collect belongings without a court order or police escort. A violation is a crime, and it is the fastest way to lose the hearing.
Then prepare for the hearing. Gather your own messages, call logs, witnesses, and any evidence that contradicts the petition. A full order carries real consequences: exclusion from your home, loss of parenting time, a firearm prohibition, and a public record that follows you into any custody case. Consent orders without findings of abuse are sometimes negotiable and worth asking about. Related: can my spouse force me to leave the house during a divorce.
The financial restraining order in a divorce
A different tool with a similar name. When a divorce is filed, either spouse can ask the court for a temporary restraining order that prohibits both parties from selling, hiding, borrowing against, or giving away marital assets, changing insurance beneficiaries, or running up joint debt while the case is pending. It has nothing to do with abuse and does not restrict contact; it preserves the marital estate so there is something left to divide. See temporary orders in a divorce and property and debt division.
Orders of protection and custody
Missouri’s custody statute treats a history of domestic violence as a factor against the parent who committed it, and courts will not order mediation where one parent cannot negotiate safely. A protection order is often the first step before a custody or legal separation case, and the two should be coordinated so the temporary custody terms in the protection order carry into the family case rather than conflict with it.
How it works
Petition, ex parte order, hearing
The timeline is short by design. Having counsel for the hearing, on either side, is where it makes the difference.
1
Petition
Filed in the circuit court where the petitioner lives, where the abuse happened, or where the respondent can be served. No filing fee. The petition describes the most recent incident and the history; specificity matters because the judge decides the ex parte order on the petition alone.
2
Ex parte order and service
If the petition shows an immediate and present danger, the court issues a temporary order the same day. Law enforcement serves the respondent, and the order is effective on service.
3
Full-order hearing
Within about 15 days, both sides appear. The judge hears evidence and either enters a full order with its terms and duration, enters a consent order, or dismisses the petition. We prepare the evidence and the witnesses and handle the hearing.
If you are in danger right now, call 911. The St. Louis County and City circuit courts accept order of protection petitions during business hours, and local domestic violence agencies can help with safety planning and shelter at any hour. We can file the petition with you and handle the hearing, but your safety comes before any paperwork.
Common questions
Order of protection questions we hear most
Is an order of protection the same as a restraining order?
In everyday speech, yes. In Missouri courts, “order of protection” is the civil order for abuse, stalking, and harassment under Chapter 455, while a “temporary restraining order” in a divorce usually refers to a financial order preserving marital assets. If you need protection from a person, you are looking for an order of protection.
Do I need a lawyer to get an order of protection?
No. The petition can be filed without one, and court staff and local advocates help people file every day. Where a lawyer matters is the full-order hearing, especially when children, the home, or an upcoming divorce are involved, because the terms set there carry into everything that follows.
Can the order give me custody of our children?
A full order can award temporary custody and set parenting time, or restrict it, for the life of the order. It is temporary by nature; a lasting custody judgment comes from a divorce, legal separation, or custody case, which should be filed promptly so the protection order’s terms are carried forward.
What happens if the order is violated?
Violating an order of protection is a crime in Missouri, a misdemeanor for a first offense and a felony for repeat offenses, and police can arrest on probable cause. Report every violation and keep a record; a pattern of violations supports renewal and affects custody.
Can the petitioner drop the order?
The petitioner can ask the court to dismiss or modify it, and courts usually grant a voluntary dismissal, but only the court can end the order. Until a judge signs, the respondent is bound by it no matter what the petitioner says, and contact at the petitioner’s invitation is still a violation.
The hearing comes fast. Be ready for it.
Whether you need an order of protection in St. Louis or you have been served with one, call or reach out online to schedule a confidential consultation. Everything you share is private.
This page provides general information and is not legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Part of our custody and parenting and St. Louis divorce practice. See all family law practice areas.