In some ways, Missouri takes a preventative approach toward domestic violence. Rather than just waiting for something bad to happen and then punishing the person responsible, courts and law enforcement personnel can take actions meant to prevent domestic violence.
One of the most important of these actions is the issuance of an order of protection. However, these orders can raise extremely difficult issues for the person subjected to them.
Ex parte order
The process of issuing an order of protection begins when an alleged victim petitions the court to retrain the accused person from coming near them because of abuse. The applicable law recognizes several forms of abuse including stalking, harassment, threats and abusing a pet. The petitioner can be a family member, member of the household, former intimate partner or another person who reports being stalked by the accused person. The petitioner may or may not have already been the victim of violence at the hands of the accused.
Once the court receives the petition, it can issue what’s known as an ex parte order of protection against the accused person, known as the respondent. The court has some leeway when it sets the terms of the order, but generally, an order of protection prohibits the respondent from contacting or coming within a certain distance of the petitioner. An ex parte order can go into effect almost immediately, before the respondent has had a chance to be heard in court.
After the court has served the respondent with the order, it schedules a hearing. Ordinarily, the hearing is scheduled within 15 days of the ex parte order.
The hearing gives the respondent a chance to defend against the order. If the respondent is successful, the order is dropped. If not, the court may issue a full order of protection which can last for a much longer time.
Violating an order of protection
The order of protection itself is considered a matter of civil law, meaning — among other things — it does not require a jury or all the formalities of a criminal trial. However, violating an order of protection carries criminal penalties.
If the respondent violates the terms of the order, they typically are charged with a class A misdemeanor. This is considered the most serious type of misdemeanor under Missouri law, and can carry a penalty of up to a year in jail and a steep fine.
The penalty can be even more severe in cases involving a prior conviction. If the respondent has been found guilty of violating an order of protection within the previous five years, they can face Class D felony charges. These can mean a prison term of up to seven years and a huge fine.
Note that these penalties can apply to a respondent even if they have been served with only an ex parte order, meaning they haven’t yet had a chance to legally defend themselves.
Defending against an order of protection
If you have been served with an ex parte order of protection, you are in a tough spot. You will have a chance to defend yourself, but first you must abide by the terms of the order. As we have seen, the penalties that come with violating an order can be quite harsh. Anyone who has been subjected to an order of protection can benefit from seeking out professional advice and representation as soon as possible.