If you or someone you love is experiencing threats, harassment, or abuse, it’s important to know that legal protection is available. In Missouri, an Order of Protection—sometimes called a restraining order—is a powerful tool designed to help keep victims safe. Whether you’re in Joplin, Webb City, Carthage, or anywhere in Jasper or Newton County, understanding how these orders work can make a life-changing difference.
What Is an Order of Protection?
An Order of Protection is a court-issued document that prohibits someone (the respondent) from contacting or coming near another person (the petitioner). These orders are most commonly issued in situations involving domestic violence, stalking, or harassment.
There are two main types:
- Ex Parte Orders: Temporary orders issued without the abuser being present, based on immediate danger.
- Full Orders of Protection: Longer-term orders granted after a court hearing where both parties have a chance to present evidence.
Who Can File for an Order of Protection in Missouri?
You can seek an order of protection if you are a victim of:
- Domestic violence
- Stalking
- Sexual assault
- Abuse by a household member or intimate partner
Even if you are not related by blood or marriage, you may still qualify depending on your relationship with the person you’re seeking protection from.
Real-Life Examples of When to Seek Protection
Here are some situations where an order of protection may be appropriate:
- A woman in Joplin is repeatedly threatened and followed by her ex-boyfriend, even after asking him to stop.
- A man in Webb City is being harassed and intimidated by a former roommate who refuses to leave him alone.
- A teenager in Carthage is receiving sexually explicit messages and threats online from an adult acquaintance.
In each of these cases, the victim could go to court and request an Ex Parte Order of Protection for immediate relief, followed by a Full Order after a hearing.
It’s Important to not Abuse the Court System
While orders of protection are available to those who need them, it is very important for individuals who are considering requesting an order of protection to guard against any temptation to request an order solely to gain an advantage in family court, for instance in a child custody matter. While you may initially gain an advantage, once the court figures out that a filing was not warranted, the situation can backfire. It could turn out that you lose certain rights because you should not have attempted to abuse the system.
How to File for an Order of Protection in Joplin, MO
You can file a petition at the Jasper County Circuit Court in Joplin or the Newton County Courthouse if you live in that area. The forms are available online or in person, and there is no filing fee.
Once filed, a judge may grant a temporary (Ex Parte) order immediately. A hearing for a full order is usually scheduled within 15 days.
What an Order of Protection Can Do
Depending on your situation, a judge can order the respondent to:
- Stay away from your home, work, or school
- Cease all contact, including phone calls, texts, emails, and social media
- Move out of a shared residence
- Temporarily grant you custody of children or pets
Violating an order is a criminal offense and can result in arrest.
Why Legal Guidance Matters
While you can file for an order of protection on your own, working with a family law attorney in Joplin ensures your petition is strong, clear, and includes all relevant details. This can be especially important during the full order hearing, where presenting the right evidence and testimony can impact the outcome.