Orders of Protection Lawyers
When a situation has reached a point where you no longer feel you or a child is safe from a spouse, guardian or relative, your best course of action may be to seek out an order of protection. You may seek an order of protection from acts, attempts, or threats from a family or household member or intimate partner, or from acts of stalking. Guardians may also seek orders of protection for children under 17 years of age for the same reasons.
At our family law firm in Lee’s Summit, MO, our family law and divorce lawyers have had great success in getting protection orders for adults and clients who feel a child is at risk. As with any situation involving family law, your best chance to defend yourself is to have a family law attorney represent you and your child’s best interests. At Siegel & Irwin, LLC, an order of protection is treated and handled as a serious matter with lasting effects on custody, support, visitation rights, and more.
An Overview of Orders of Protection Law in Missouri
In Missouri, an order of protection is defined as an order that restrains a person from committing or threatening to commit domestic violence, stalking, or sexually assaulting an individual. In court proceedings, the requester is known as a ‘petitioner’ while the party being named by the order is the ‘respondent.’ An order of protection carries with it criminal penalties if the offending party (respondent) is to violate the order. All protection orders are effective throughout the state of Missouri in all counties and cities.
The Two Types of Orders of Protection
When filing for an order, it is important to know that there are two types of orders of protection: 1) an ex parte order of protection and 2) a full order of protection.
Ex Parte Order of Protection
Ex parte orders are a temporary order of protection that are granted by the court before an official hearing may have been heard. If granted, this temporary order will be in effect until the full process has begun and evidence is heard by the court.
Full Order of Protection
A full order of protection can only be issued after a formal court hearing and the respondent has been officially notified of the order request. Evidence is presented by both sides at this hearing and the outcome will be decided by a judge. At the same time the full order is granted, a judge may also modify things such as child custody, child support, visitation rights, and offer relief such as alimony.
At our family law firm in Lee’s Summit, MO, our family law lawyers can help you through the process of filing a petition for each type of order of protection, offering advice along the way. Should you have any other specific questions regarding an order of protection in the state of Missouri, our family law lawyers at Siegel & Irwin, LLC can advise you to the intricacies of the protection system.
How Can a Family Law Attorney Assist with Orders of Protection?
While a family law attorney is not required for an order of protection hearing, an attorney’s advice and expertise during an order of protection hearing can be invaluable in either the defense of the petitioner or the respondent. More often than not, issues arise with child support, child visitation rights, child custody, and more at the same hearing where an order of protection is issued or denied. Below are a few reasons to contact our family law lawyers located in Lee’s Summit, MO:
Our family law attorneys understand the courtroom process, paperwork and more during an order of protection decision and will assist you through the process.
At Siegel & Irwin, LLC, our family law lawyers know the correct procedures for submitting evidence and calling witnesses during an order of protection hearing.
Our family law lawyers will help you to understand your rights and advise on the most effective way to collect and present evidence to the court.
As with any other family law matter, the best interests of the child are front and center and will be the number one priority for your family law attorney at Siegel & Irwin, LLC.
FAQ for the Order of Protection Process in Missouri
What is the difference between an order of protection and a restraining order?
An order of protection works to prevent abuse of a child 17 and under or other adult family member and is intended to protect those people. A restraining order is designed to protect both people and property. Unlike a restraining order, an order of protection carries criminal penalties for violation.
Is an order of protection still valid if you move to another state?
Yes. An order of protection filed in the state of Missouri is honored by all 49 other states should a party re-locate after an order has been issued.
How long does an order of protection last?
If a full order of protection is granted, the protective order will last for a specific period of time of at least 180 days, but will not exceed one year.
Can an order of protection be renewed/re-issued?
Yes, a full order of protection may be renewed twice for additional periods up to one year each. If a court hearing to renew the original full order of protection cannot be held before its expiration, an ex parte order of protection can be issued until the hearing can be held.
Contact Our Family Law Lawyers for an Order of Protection Consultation
At Siegel & Irwin, LLC, our family law lawyers have assisted many clients in establishing protection for themselves, children under the age of 17, or wards throughout Lee’s Summit and the Kansas City metro area. Each protection case varies in complexity and our family law attorneys offer services in handling associated child support, visitation rights, child custody, and maintenance changes that can occur after a hearing. Our team will review your case to ensure we handle it in a timely, quick, and affordable manner. We offer an order of protection consultation and can often assist via electronic correspondence or telephone. Let our family law lawyers at Siegel & Irwin, LLC work for you. To schedule a consultation, contact us today.
Content Reviewed by Kristin Siegel, JD | Attorney at Law