Orders of Protection

Under Missouri’s Adult Abuse Law, a person who has been the victim of domestic violence or stalking may obtain from a judge an "order of protection," sometimes called an "ex parte order" or a "restraining order." This order will forbid an abuser from having further contact with the victim.

Obtaining an "order of protection" is a separate matter from the criminal prosecution. The prosecutor’s office does not represent the victim in her efforts to obtain an order of protection; rather, she must request it from the court herself or through a private attorney.

The Adult Abuse Law (Sections 455.010 - 455.085, RSMo) provides that any adult who has been subjected to abuse by a present or former family or household member or who has been the victim of stalking, may file a petition for an order of protection from a Circuit Court Judge or Associate Circuit Court Judge: (1) forbidding the abuser from abusing, threatening to abuse, molesting, stalking or disturbing the peace of the victim; (2) restraining the abuser from entering the premises of the dwelling of the victim; (3) restraining the abuser from communicating with the victim in any matter or through any medium; and (4) awarding temporary custody of minor children where appropriate. The victim and the abuser must be at least 18 years of age.

Similar petitions may be filed on behalf of a child by any parent or guardian of a child who has been subjected to abuse by a former or present family or household member.

The petitions are to be filed with the Clerk of the Circuit Court of Cape Girardeau County at the Common Pleas Courthouse at the intersection of Lorimier and Themis Streets in Cape Girardeau, Missouri. The Clerk’s telephone number is (573) 335-1221. The Clerk will explain free of charge the procedures for filing all forms and petitions. Standard petition forms are available. No advance filing fee is required. The assistance of a private attorney is recommended, but not required. After regular business hours, a victim is encouraged to seek emergency shelter at one of the available shelters for victims of domestic violence, and to contact the Clerk as soon as regular business hours resume. If the Court is unavailable after business hours or on holidays or weekends, a petition for protection may be filed before any available Circuit Judge or Associate Circuit Judge.

Once an order of protection has been issued by the Court, each subsequent violation of the order of protection constitutes a separate criminal offense.