Not to be confused with a temporary restraining order, an ex parte order of protection is a sort of emergency court order which prevents another person from abusing, harassing, or stalking you. The ex parte itself is not subject to much judicial scrutiny. Indeed, the usual procedure is that the Judge or clerk will grant an ex parte order of protection upon a proper filing and showing of certain facts and set the matter out for hearing on a full order of protection at a later date.
In order to obtain a full order of protection in Missouri, a petitioner must prove the allegation of abuse or stalking by a preponderance of the evidence. Under Missouri law, abuse may come in the form of assault, battery, coercion, or harassment. Stalking, on the other hand, is when any person purposely and repeatedly engages in an unwanted course of conduct that causes alarm to another person when it is reasonable in that person’s situation to have been alarmed by the conduct. If the full order of protection is issued, it may be renewed for a period ranging from 180 days to one year from the expiration date of the original order.
If you have any questions pertaining to ex parte orders of protection or full orders of protection, contact us.