The O'Fallon Law Firm L.L.C.

Restraining Orders, Ex Parte Orders, Domestic Violence and Child Orders of Protection

Missouri statutes authorize several different forms of restraining orders. The most common form of restraining order is an Ex Parte Order of Protection for an adult and an Ex Parte Child Protection Order. These types of orders are to provide some measure of protection from physical abuse, harassment or stalking. When you apply for an ex parte restraining order at the courthouse, a Judge decides to grant or deny your application based upon only hearing your version of the events and without notice to the other party. “Ex parte” means “from one party.” After your application is granted, the Court will set the case for a hearing at which time the other party will have the opportunity to present their version of the events. The Ex Parte order can be converted to a full order of protection if the other party fails to appear, consents to your petition or if the Court agrees with you after a hearing. A full order of protection will be valid for one year and can be renewed. The Order of Protection will restrain the other party from further offensive behavior.

If you need to file for an Ex Parte order of protection, or have had one filed against you, please contact us for assistance. Restraining orders in a divorce offer protection against a spouse that may seek to hide, encumber or give away marital assets. In most divorce cases one spouse controls the majority of marital assets. If there is a concern that the controlling spouse will mismanage those assets, the Court can issue orders restraining the use of those funds until after it has determined how the property will be divided.

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