Need an Order of Protection?
Chesterfield Family Law Attorneys—(636) 742-1418
If you are the victim of violence or stalking by a current or former spouse or significant other, the St. Louis family law attorneys at Pedano, O’Shea, McGavic & Hogenmiller, LLC are here to guide you through the process of obtaining an order of protection for yourself and your children. We also defend individuals accused of domestic violence or stalking and are up against unfair orders.
Orders of protection exist for both children and adults to protect individuals in Missouri from acts of domestic violence. Child orders of protection are similar to adult orders but are typically filed by parents on behalf of their child.
- Domestic violence is the stalking, commission, or attempt to commit abuse as:
- Sexual assault
- Unlawful imprisonment
Orders of Protection & Ex Parte Orders
In Missouri, emergency relief may be granted by the court based on the statements of the victim if the court believes this victim’s safety must be immediately protected, and this relief is called an ex parte order of protection.
The ex parte order will last a brief period of time until a hearing can be scheduled so the other party can defend their case and present their side of the story. At this hearing, the judge will decide if the order of protection should be extended, typically for six months or one year. This order of protection can be automatically renewed for an additional year as well.
Get the Advocacy You Need
Often when parties are engaging in other litigation, such as a divorce or paternity case, tensions are high and orders of protection may be used to gain a strategic advantage in the case. Specifically, an order of protection may be used to remove one party from the residence, to obtain an order of child custody or child support, or to get payment for household bills while removing the other individual from the location.
Although there is a finite duration to the order, the effects are long lasting. If a judgment of full order of protection is granted against you, this could appear on background checks and criminal history forever. This is why it is imperative that you are properly defended against a frivolous order of protection.
If you have had an order unfairly secured against you, it may be time to retain legal counsel. Whether you are the individual facing or obtaining the order, going through this time alone is not advised. Our firm is here to provide the counsel you are seeking!
If you are in need of trusted legal guidance during this time, call our office right away.