How to File for an Order of Protection in St. Louis
If someone is threatening you, stalking you, or has physically harmed you, an order of protection can provide immediate legal protection. Missouri law allows you to ask a court to order someone to stay away from you, leave your shared home, and have no contact with you or your children.
Who Can File
In Missouri, you can file for an order of protection if you have been subjected to domestic violence, stalking, or sexual assault by a family or household member, a current or former spouse, someone you share a child with, someone you live or have lived with, or someone you are or were in a continuing romantic relationship with. You can also file on behalf of a minor child.
The Two-Step Process
Step 1: The Ex Parte Order (Temporary)
You file a petition at the circuit court in the county where you live, where the respondent lives, or where the abuse occurred. If the judge finds that there is an immediate and present danger, a temporary ex parte order is issued the same day, usually without the other person being present. This order can require the respondent to stay away from you, leave your shared home, and have no contact with you.
Step 2: The Full Order of Protection Hearing
A hearing is scheduled within 15 days. At this hearing, both sides have the opportunity to present evidence and testimony. If the judge finds that the petitioner has proven the case by a preponderance of the evidence, a full order of protection is issued, which can last up to one year (or two years in some cases) and is renewable.
What to Bring to Court
• Photos of injuries or property damage
• Text messages, emails, or social media messages showing threats
• Police reports or records of 911 calls
• Names and contact information for witnesses
• Medical records related to any injuries
How a Lawyer Helps
While you are not required to have an attorney, having one significantly improves your chances of a successful outcome. An attorney helps you prepare a thorough petition, organizes your evidence, prepares you for questioning at the hearing, and advocates on your behalf before the judge. If you are the respondent and have been served with an order of protection, legal representation is equally important to protect your rights and present your side.
Lee Law Firm represents both petitioners and respondents. Call (314) 708-1720 for help.