Orders of Protection
An Order of Protection is a civil court order that may provide protection for someone who has experienced domestic violence, stalking, or sexual assault.
This information is intended to help you understand the general process and is not legal advice.
Ex-Parte and Full Orders of Protection
An Ex-Parte Order of Protection is a temporary order that may be issued before the respondent has an opportunity to appear in court. If an Ex-Parte is granted, the court will schedule a hearing
A Notice of Hearing is only a court date to appear in court.
A Full Order of Protection may be issued by the Judge after a court hearing. If granted, it replaces the Ex Parte Order.
Who May File?
In Missouri, a person who is 17 years of age or older or legally emancipated may file for an Order of Protection.
If the person seeking protection is under 17 and is not emancipated, a parent or guardian must file on their behalf.
An Order of Protection may be available when the person seeking protection has experienced abuse, stalking, or sexual assault and meets the legal requirements for filing.
Qualifying relationships may include:
- Current or former spouses
- People related by blood or marriage
- People who currently live together or previously lived together
- People who have a child together
- Current or former dating partners
Victims of stalking or sexual assault may also qualify even when there is not a qualifying domestic relationship.
Where Can I File?
A petition may generally be filed in:
- The county where you live
- The county where the respondent lives
- The county where the abuse, stalking, or sexual assault occurred
For Cass County:
Cass County Courthouse
2501 W. Wall Street
Harrisonville, MO
The Victim Services Unit can help explain the filing process and assist you with information before you go to court.
What Happens After I File?
After you complete and file a petition, it is presented to a Judge.
The Judge may:
- Issue an Ex-Parte Order of Protection
- Set the matter for a hearing without issuing an Ex-Parte
- Deny the petition if the legal requirements are not met
If a hearing is scheduled, you must attend the court date listed on your paperwork.
The respondent must be served before a Full Order of Protection can be entered. If the respondent has not been served before the hearing, you should still appear in court as directed.
Preparing for Your Hearing
If you have evidence related to the incidents described in your petition, you may want to bring it with you.
Examples may include:
- Photographs
- Printed text messages or screenshots
- Call records
- Emails
- Other documents
- Witnesses who have relevant information
Organizing your information before court may make it easier to explain what happened.
You do not have to have an attorney for an Order of Protection hearing, although both parties have the right to obtain legal representation.
After a Full Order Is Granted
If a Full Order of Protection is granted:
- Read the order carefully and keep a copy with you
- Consider providing copies to places such as your child's school or daycare or your workplace when appropriate
- Pay attention to the expiration date listed on the order
- If the respondent violates the order, contact law enforcement where the violation occurred
Full Orders of Protection are generally enforceable throughout the United States.
How The Victim Services Unit Can Help
A Victim Advocate can:
- Explain what to expect before, during, and after the hearing
- Help you think through courthouse safety
- Sit with you while you wait for your case to be called
- Provide emotional support
- Help connect you with additional resources
A Victim Advocate cannot provide legal advice or speak on your behalf during the hearing.
If an Order of Protection is violated and you need immediate law enforcement assistance, call 911.