Getting Relief From Domestic Violence in Missouri

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Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

 

Domestic Violence Order of Protection

 

Missouri law defines domestic violence as assault, battery coercion, harassment, sexual assault, or unlawful imprisonment by a family or household member.  The court will examine the relationship between you and the alleged abuser and make a determination as to whether or not your case is to be considered domestic violence.

 

Missouri law provides for a domestic violence order of protection for victims of domestic abuse.  There are two types of orders – an ex parte order of protection and a full order of protection.  An ex parte order, which lasts 15 days, may be given to you on the day you file your Petition for an Order of Protection if the judge believes you are in imminent danger.  A full order of protection cannot be issued until the alleged abuser is given a chance to recount his or her side of the story.  The ex parte order of protection will be issued for the length of time that you have to wait until your hearing.

 

After you file your Petition for an Order of Protection, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each provided with a chance to give your respective sides of the story, the judge will decide whether or not to issue a plenary order of protection.  If your petition is granted, it will run anywhere up to one year, though you may apply for a renewal which may be granted subsequent to a hearing.

 

If, after your hearing, you are granted a domestic violence order of protection, it is likely to do the following things: order the abuser not to abuse you or threaten abuse; forbid the abuser from entering your home; award you temporary custody and child support of any children; award you spousal support if you are married to the abuser; order the abuser to pay rent or mortgage payments, if necessary; order the abuser to participate in counseling; order the abuser to surrender any firearms; order the abuser to pay for any expenses that were incurred by you due to the abuse; and provide anything else necessary to prevent further abuse.

 

Finding Domestic Violence Resources

 

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

 

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

 

Resources for residents of Missouri who have been victims of domestic violence can be found here.