Información Legal: Misuri

Restraining Orders

Ver Todo
18 de octubre de 2022

What protections can I get in an order of protection due to stalking or sexual assault?

An ex parte order of protection can do the following:

  • forbid the abuser from abusing, threatening to abuse, molesting, sexually assaulting, or stalking you or disturbing your peace, including violence against a pet;
  • forbid the abuser from entering your home when it is:
    • jointly owned, leased or rented or jointly occupied by you and the abuser; or
    • owned, leased, rented or occupied by you individually; or
    • jointly owned, leased or rented by you and someone else (not the abuser); or
    • jointly occupied by you and someone else (not the abuser) as long as the abuser does not have a property interest in the home;
  • forbid the abuser from communicating with you in any manner or through any medium (i.e., phone, computer, etc.);
  • make a temporary order of custody of your minor children where appropriate;
  • make a temporary order of possession of pets where appropriate;1 and/or
  • include such other terms as the judge reasonably believes are necessary to ensure your safety.2

A full order of protection can:

  • include all of the terms listed above; and
  • additionally, after a hearing, a full order of protection can order any of the following as long as your petition has facts/allegations relating to these topics and your petition must specifically ask for the things below that you want:3
    • award custody of any minor child born to or adopted by the parties when:
      • the court has jurisdiction (power) over such child; and
      • no prior order regarding custody is pending or has been made; and
      • the best interests of the child require that a custody order be issued;
    • establish a visitation schedule that is in the best interests of the child;
    • give you child support;
    • give you spousal support (maintenance) for up to 180 days if you are legally married;4
    • if you are married to or have children together, the judge can order the abuser to make rent or mortgage payments on the home you are living in OR on a different home (rather than the one you lived in with the abuser) if you choose;
    • give you temporary possession of personal property, such as cars, checkbooks, keys, and other personal items;
    • order you to have possession and care of any pet, along with any money necessary to cover medical costs that may have resulted from abuse of the pet;
    • prohibit the abuser from transferring, selling or getting rid of property mutually owned or leased by you and the abuser;
    • order the abuser to participate in batterers’ counseling or drug treatment;
    • order the abuser to pay a reasonable fee for housing and other services that are/were provided to you by a domestic violence shelter;
    • order the abuser to pay court costs;
    • order the abuser to pay the cost of medical treatment and services that are/were provided to you as a result of injuries due to domestic violence committed by the abuser;5 and/or
    • order the abuser to pay your attorney’s fees for the time period before bringing the court case, during the court case, and after the entry of judgment.6

1 MO ST § 455.045
2 MO ST § 455.050(1)
3 MO ST § 455.050(4)
4 MO ST § 455.050(8)
5 MO ST § 455.050(3)
6 MO ST § 455.075

WomensLaw sirve y apoya a todas las personas sobrevivientes sin importar su sexo o género.