What is Ex Parte / Order of Protection?
What is Ex Parte / Order of Protection?
There are two orders of protection in Missouri –ex parte and a full order of protection. Here’s what you need to know about them.
Generally speaking, an order of protection restrains a person from abusing, stalking, sexually assaulting, or harassing another person. An order of protection is different from a restraining order because it carries a criminal penalty if the order is violated.
An order of protection is valid in Missouri and every other state, and they are upheld across state lines.
Ex Parte Order of Protection
An ex parte order of protection is a temporary order. The court issues it before the person has received notice of the order of petition or has had an opportunity to be heard in court.
Typically, an ex parte order of protection will expire after 15 days if there has been no hearing or continuance on the order.
An ex parte order of protection can work in the following ways:
- Temporarily restrain the person from committing or threatening to commit domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the person petitioning the order.
- Temporarily restrain the respondent from entering the petitioner’s premises whether the dwelling is jointly or individually owned, leased, or rented.
- Temporarily restrain the respondent from communicating with the petitioner.
- A temporary order of custody of minor children where appropriate.
- A temporary order of possession of pets where appropriate.
- Other terms as the court reasonably deems necessary to ensure the petitioner’s safety.
Full Order of Protection
A full order of protection may be issued after the person against whom the order is directed receives notice and has had an opportunity to be heard.
Here are some of the things that can be the result of a full order of protection:
- Prohibit the respondent from committing or threatening to commit domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the petitioner, including violence against a pet.
- Prohibit the respondent from entering the premises of the dwelling unit of the petitioner when the dwelling unit is jointly or individually owned, leased, or rented.
- Prohibit the respondent from communicating with the petitioner
- Award custody of minor children so that the best interest of the child is considered.
- Establish a visitation schedule for the non-custodial parent that is in the best interest of the child.
- Award child support when no prior order of support exists.
- Award income maintenance in accordance for no more than 180 days if the parties are married.
- Order the respondent to participate in a counseling program or a substance abuse treatment program.
- Order the respondent to pay the cost of medical treatment for injuries sustained by an act of domestic violence.
- Award possession and care of any pet, along with any money necessary to cover medical costs that may have resulted from abuse of the pet.
- Order the respondent to pay the petitioner’s attorney fees.
Do you need help understanding how an Ex Parte or Order of Protection affects you?
Consult with Kelly, Symonds, Reed & Jansen when you need a Missouri ex parte attorney. People come to us during their most difficult times, and we help them get through it. Schedule an appointment by calling 816-347-1818.
Source: “Orders of Protection – Adult. Information for Both Parties.”








