Orders of Protection

An order of protection is a civil remedy for adults and/or children who have been the victims of abuse or stalking. There are two kinds of orders (Ex Parte and Full Orders of Protection) and two types of orders (Adult and Child).

Ex Parte Order of Protection

An Ex Parte Order of Protection is a temporary order issued by the Court. Without extension, it lasts no more than 15 days. During this 15 day time span, a hearing date may be set for a Full Order of Protection.

To file an Ex Parte Order of Protection in Greene County, please go to the Circuit Clerk's Office at 1010 N Boonville (2nd Floor) Springfield, Missouri.

When filing an Ex Parte Order of Protection, the Petitioner (you) must provide the following information about the Respondent (alleged abuser/stalker).

  • The Respondent's first and last name
  • A good service address for the Respondent (home, work, jail). The Respondent must be served with a copy of the Ex Parte Order and Petition by law enforcement.

Full Order of Protection

A Full Order of Protection is issued upon a hearing date. If issued, it will last at least six months up to one year. Prior to its expiration, the Full Order may be renewed by the Petitioner.

Adult Protection Order

Petitioner (you) and Respondent (alleged abuser/stalker) must be at least 18 years old or be an emancipated minor.

Petitioner and Respondent must meet one of the following relationship criteria:

  • were current or former spouses
  • reside together (past or present)
  • have a child in common
  • related by blood or marriage
  • currently or formerly in a romantic or intimate social relationship
  • have no relationship and allegations of stalking are made

The Petitioner may file an Adult Ex Parte Order of Protection in any Missouri county where:

  • the Petitioner resides, or
  • the Respondent can be served, or
  • the incident of abuse/stalking took place

Upon finding a verified petition has been filed and that the Petitioner is in "immediate and present danger" the Court may issue the Adult Ex Parte Order by ordering the Respondent not to:

  • abuse, threaten to abuse, molest or disturber the Petitioner's peace
  • stalk the Petitioner
  • enter the premises of the Petitioner's home
  • communicate with the Petitioner in any way or through any medium.
  • The Court may also award temporary custody of the minor child if no prior custody orders have been made or are pending in another Court.

Upon finding the Respondent has been served with notice and the Petitioner has proven the allegations of abuse or stalking by a preponderance of evidence, the Full Order of Protection may be issued thereby ordering the Respondent not to:

  • abuse, threaten to abuse, molest or disturber the Petitioner's peace
  • stalk the Petitioner
  • enter the premises of the Petitioner's home
  • communicate with the Petitioner in any way or through any medium.

Additional remedies considered at the hearing may include, but is not limited to:

  • child custody
  • child visitation
  • temporary possession of personal property

"Stalking" is when an adult purposely and repeatedly engages in an unwanted course of conduct that causes alarm to another person when it is reasonable in that person's situation to have been alarmed by the conduct. As used in this subdivision: "Course of conduct" means a pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose. Such conduct may include, but is not limited to, following the other person or unwanted communication or unwanted contact; "Repeated" means two or more incidents evidencing a continuity of purpose; and "Alarm" means to cause fear of danger of physical harm.

Child Protection Order

A Child Ex Parte Order can only be filed by the parent/legal guardian, Guardian Ad Litem, Court Appointed Special Advocate, or Juvenile Officer

A Child Ex Parte Order can only be filed against a current or former adult household member, an emancipated child, or alleged stalker

A Child Ex Parte Order may be filed in any Missouri County where:

  • the child resides, or
  • the Respondent can be served, or
  • the incident of abuse/stalking took place

Upon finding a verified petition has been filed, the minor child(ren) are "immediate and present danger" and no prior orders of custody are pending or have been made on the minor children, the Court may issue a Child Ex Parte Order of Protection ordering the Respondent not to:

  • abusing, threatening to abuse, molest, or disturb the peace of the child
  • enter the child(ren)'s home unless specifically authorized by the Court
  • have any contact with the child(ren), unless specifically authorized by the Court
  • The Court may also award temporary custody of the minor child if no prior custody orders have been made or are pending in another Court.

Upon finding the Respondent has been served with notice and the Petitioner has proven the allegations of abuse or stalking by a preponderance of evidence, the Full Order of Protection may be issued thereby ordering the Respondent not to:

  • abuse, threaten to abuse, molest, or disturb the child(ren)'s peace
  • enter the premises of the child(ren)'s home unless specifically authorized by the Court
  • have any contact with the child(ren) unless specifically authorized by the Court

Additional remedies considered at the hearing may include, but is not limited to:

  • child custody
  • child visitation

Adult Abuse Definitions

As used in RSMo 455.010 the following terms shall mean:

Abuse-includes but is not limited to the occurrence of any of the following acts, attempts or threats against a person

Assault-purposely or knowingly placing or attempting to place another in fear of physical harm;

Battery-purposely or knowingly causing physical harm to another with or without a deadly weapon;

Coercion-compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage;

Harassment-engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to another adult and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable adult to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner.

Sexual Assault-causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress;

Unlawfully imprisonment-holding, confining, detaining or abducting another person against that person's will;

Child Abuse Definitions

As used in RSMo 455.500 to 455.538 the following terms shall mean:

Abuse-any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by an adult household member, or stalking of a child. Discipline including spanking, administered in a reasonable manner shall not be construed to be abuse;

Stalking-purposely and repeatedly engages in an unwanted course of conduct with regard to a child that causes another adult to believe that a child would suffer alarm by the conduct. As used in this subdivision; "course of conduct" means a pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose. Such conduct may include but is not limited to, following the other person or unwanted communication or contact. "Repeated" means two or more incidents evidencing of continuity of purpose; and "Alarm" means to cause fear of danger of physical harm.

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