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Legal Information: Missouri

Restraining Orders

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December 11, 2020

Can I get an order of protection against a minor?

Anyone (an adult or a minor) can get an order of protection against a minor, which is someone under age 17. (Unlike most states, in Missouri, age 17 is considered to be an adult).1 An ex parte order of protection (or an order of protection for a child) can be issued against a minor in circuit court and then the case will be transferred to juvenile court for the hearing on a full order of protection.2 The judge will appoint a guardian ad litem for any minor respondent who is not represented by a parent or guardian.3

Note: When serving an order against a minor, his/her custodial parent, guardian or guardian ad litem must be served (unless the minor is emancipated). The court papers will require that the parent/guardian appear in court and bring the minor-respondent to court at the time and place stated.4

1 MO ST § 455.010(3)
2 MO ST §§ 455.035(3); 455.513(4)
3 MO ST § 455.035(3)
4 MO ST § 455.035(2)