Can I get my protection order enforced in Missouri? What are the requirements?
An out-of-state order can be enforced in Missouri as long as:
- it was issued to prevent violent or threatening acts, harassing behavior, or sexual violence, or it was issued to prevent another person from coming near you or contacting you;1
- the judge that issued the order had power (jurisdiction) over the people and case; in other words, the judge had the authority to hear the case; and
- the abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2
Note: An out-of-state order is also called a “foreign” order.
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b); see also MO ST § 455.067(1)
Can I have my out-of-state protection order changed, extended, or canceled in Missouri?
Generally, to have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You likely cannot have this done by a court in Missouri.
If your order expires while you are living in Missouri, you may be able to get a new one issued in Missouri, but this may be difficult to do if no new incidents of abuse have occurred in Missouri. To find out more information on how to get an order of protection in Missouri, visit our Restraining Orders page.
I was granted temporary custody with my protection order. Will I still have temporary custody of my children in Missouri?
As long as the part of the order talking about child custody complies with certain federal laws,1 Missouri can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area, click here MO Finding a Lawyer.
1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It must also be consistent with the Parental Kidnapping Prevention Act of 1980.