Missouri domestic violence is a serious state problem. Both violence and threats of violence are generally illegal, but it is not always easy to stop this with normal police action. Rather, it is generally easier to get the police involved by first getting a Missouri restraining order.
Victims who have a protective order from a Missouri judge can immediately call the police even for minor violations of a protective order. This is a more effective deterrent than standard criminal laws. Thus, a Missouri victim of violence should act as quickly as possible to get a Missouri restraining order.
There are two main types of restraining orders for protection in Missouri – domestic violence orders of protection and stalking orders of protection. It is important to distinguish between these two because only certain victims can get a Missouri domestic violence restraining order.
Specifically, the order to stop domestic violence is available only if your abuser is one of the following types of people: current or former spouse, current or former cohabitant, anyone who is a relative by blood or marriage, a current or former dating partner, or someone with whom you have a child.
However, you may still qualify for a Missouri order of protection against stalking even if the abuser does not fit any of the special categories listed above. So let’s say someone is coming by to threaten you on a repeated basis. That could be stalking and may be sufficient grounds to get a Missouri restraining order for stalking.
Once you decide which type of order of protection you want, rest assured that you can request a restraining order in Missouri for free. Just follow these steps:
1. Find the nearest Missouri county courthouse. In the Resources link below, you can find a page on WomensLaw with a directory of Missouri courthouses.
2. Tell the county court clerk that you want to file for a Missouri temporary restraining order (TRO). A temporary order will allow you to get immediate protection once the abuser is served notice of the order of protection.
3. Fill out the restraining-order forms. You will then be directed to a judge.
4. Speak to the judge and explain that you are in fear of immediate danger from your abuser or stalker. You can get a Missouri TRO if the judge feels that you are in immediate danger and truly fear the abuser.
5. Get with the court staff or clerk to make sure the abuser is served. This will allow the Missouri protective order to take effect.
6. Now, you will also receive a court date for another hearing. At this hearing, be prepared to testify and call witnesses. Your TRO will then be “upgraded” to a regular Missouri restraining order if the judge is convinced that you fear for your safety and actually are in danger. Note that the abuser has the right to appear and testify at this hearing. Bring someone along for moral support.
Finally, always call the police if the abuser violates a Missouri domestic violence or stalking order of protection. It is a criminal act to violate these Missouri protective orders.
Resources:
WomensLaw: Info on a Missouri Restraining Order Based on Stalking
WomensLaw: Information for a Missouri Restraining Order (Domestic Violence)
WomensLaw: Missouri County Courthouse Locations
