How Long Does a Restraining Order Last in Missouri?
A restraining order, also known as an order of protection, is a legal document issued by a court to protect individuals from harassment, abuse, or violence. It offers legal protection to victims who fear for their safety or have experienced domestic violence. In the state of Missouri, the duration of a restraining order can vary depending on the circumstances and the type of order issued. This article will provide an overview of how long a restraining order lasts in Missouri and answer some frequently asked questions related to this topic.
Duration of a Restraining Order in Missouri:
In Missouri, there are three types of orders of protection: ex parte, full, and child protection orders. The duration of each order is as follows:
1. Ex Parte Order: An ex parte order is a temporary order of protection granted without the knowledge or presence of the alleged abuser. It provides immediate protection to the victim until a full hearing can be scheduled. An ex parte order lasts for a maximum of 15 days, during which time a full hearing will be scheduled.
2. Full Order of Protection: A full order of protection is issued following a full hearing where both the victim and the alleged abuser have the opportunity to present their case. If the court finds that the victim is in immediate danger, a full order of protection may be granted. The duration of a full order of protection can vary. It typically lasts for one year, but the court has the authority to extend it for up to the maximum duration allowed by law, which is typically five years in Missouri.
3. Child Protection Order: A child protection order is specifically designed to protect children from abuse or endangerment. It can be filed by a parent, guardian, or custodian on behalf of a child. The duration of a child protection order is the same as that of a full order of protection, which can be up to one year, with the possibility of extension up to five years.
Frequently Asked Questions:
1. Can a restraining order be extended beyond its initial duration?
Yes, a restraining order can be extended beyond its initial duration. If the victim still fears for their safety or believes that the threat of abuse or violence persists, they may request an extension of the order. The court will consider the circumstances and evidence presented before making a decision.
2. Can a restraining order be terminated before its expiration date?
Yes, a restraining order can be terminated before its expiration date. If the victim feels that the order is no longer necessary or if both parties agree to terminate it, they can request the court to lift or modify the order. However, the court will carefully evaluate the situation and ensure the safety of the victim before making a decision.
3. What happens if a restraining order is violated?
Violating a restraining order is a serious offense. If the alleged abuser violates any terms of the order, such as contacting or approaching the victim, they can face criminal charges. It is crucial for the victim to report any violations to law enforcement authorities immediately.
4. Can a restraining order be enforced outside of Missouri?
Restraining orders can be enforced nationwide through the Full Faith and Credit provision of the Violence Against Women Act (VAWA). This provision requires all states to enforce orders of protection issued in other states. However, it is essential to inform the court about any changes in residence or contact information to ensure the order remains enforceable.
5. Can a restraining order affect child custody or visitation arrangements?
Yes, a restraining order can affect child custody or visitation arrangements. If a child is involved in a restraining order, the court will consider the child’s safety and well-being when making custody and visitation decisions. The court may modify existing arrangements or impose restrictions to ensure the child’s safety.
In conclusion, the duration of a restraining order in Missouri varies depending on the type of order issued. An ex parte order lasts for a maximum of 15 days, while a full order of protection and a child protection order can last up to one year, with the possibility of extension. It is essential for victims to understand their rights and seek legal assistance to ensure their safety and well-being.