What types of orders of protection due to stalking or sexual assault are there? How long do they last?
There are two types of orders:
1) Ex parte orders of protection - Ex parte is Latin for “from one side.” A judge can grant you an ex parte order if you prove there is “good cause” to do so. “Good cause” can be when the judge believes there is an immediate and present danger of stalking or sexual assault to you.1 A judge may grant you the order based solely on your petition and testimony, without holding a hearing. Ex parte orders may be granted without the abuser’s prior knowledge and without his/her presence in court.
An ex parte order generally will be valid until your court hearing for a full order of protection, which usually takes place within 15 days.2 If you desire, you can receive a notification when the ex parte order is served on the abuser.3 Ask the clerk for information on how to get this notification.
If you ask for an ex parte order but the judge doesn’t give you one, you may get a “Notice of Hearing” instead. Although this is not an order protecting you, it does mean you have a date and time for a hearing, where the judge will decide whether or not to grant you a full order of protection. To get a full order of protection, you will need to prove your allegations of stalking or sexual assault to the judge.
2) Full orders of protection - A full order of protection can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. If the judge grants you an order, it will usually last for a period of time between 180 days and one year. However, it can last between two years and ten years if the judge issues specific written findings that the abuser poses a serious danger to your or your child’s physical or mental health, which the judge will decide after considering the following factors:
- the strength (weight) of the evidence;
- the abuser’s history of causing physical harm, bodily injury, or assault;
- the abuser’s history of stalking or causing fear of physical harm, bodily injury, or assault on you or your child;
- the abuser’s criminal record, including whether s/he has been found guilty of any dangerous felony under Missouri law;
- whether any prior full orders of adult or child protection have been issued against the abuser;
- whether the abuser violated any term or terms of probation or parole; and
- whether the abuser violated any term of a prior full or temporary order of protection, especially those that were specifically intended to protect you or your child.2
Orders of protection can be set to automatically renew or a petitioner can file to renew it each time it is set to expire.4 For more information, see How do I renew, change, or dismiss an order of protection? in our Orders of Protection due to Domestic Violence section.
1 MO ST § 455.035(1)
2 MO ST § 455.040(1), (4)
3 MO ST § 455.038
4 MO ST § 455.040(2), (3)