Office of the
Prosecuting Attorney
for Audrain County, Missouri
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Orders of Protection
Protective orders are not
obtained through the prosecuting attorney’s office. If you have been assaulted, call the
police. The following information is provided as a public service.
Obtaining an Order of
Protection is a two step process:
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FIRST: The ex parte Order |
The purpose of the ex parte order is to
temporarily protect a person (the petitioner) from abuse or stalking until the court
may conduct a hearing on the full order. The ex parte order may:
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Prohibit
the abuser (the respondent) from abusing, threatening to abuse, molesting, stalking or
disturbing the peace of the petitioner
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Prohibit the
respondent from entering the home of the petitioner and from communicating with the
petitioner in any manner. |
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How to get an order of protection:
Come to the Audrain County Circuit Clerk’s
Office on the second floor of the Audrain County Court House, in Mexico. You should allow
at least an hour as it usually takes that long to fill out the paperwork, etc.
There is no advance filing fee to fill out
the petition. A court advocate will be available to assist you with the papers. You will
need as much information about the respondent as you can get: Social Security
number, birth date, address, etc. (see link to a copy of the petition below)
You will need to describe what acts of
abuse occurred, why you are frightened of the respondent and why you feel you need a
protective order. A judge will review your petition and either grant or deny it.
If the ex parte order is issued
you will be given a copy of the ex parte order of protection and a court date
when you will have to appear and ask for a full order of protection. The abuser will be
served a copy of the order and summoned to appear before the same court. The court
advocate will explain the process and how the order works.
If you are not eligible for an order the
court advocate will assist you with other options and resources.
Emergency orders can be obtained after
hours in extreme cases of danger. Your local police and the Audrain County Sheriff’s
Department can assist you in reaching the court advocate after hours or you may contact
the McCamey House Domestic Abuse Shelter at 581-2880 or 1-800-246-2280. The McCamey house
has many different services available and all services are confidential.
Click
To view a copy of
the Adult Abuse Petition, Click:
Page 1 Page 2 Page 3
For more info, go to How to get a restraining order
from the
Missouri Woman’s Law Initiative |
Full Order of Protection
Your request for a full order
of protection may be heard once the respondent is served with the ex parte order
and given notice of the hearing for a full order: |
In
addition to the protections provided by an ex parte order of protection, the
court–after a hearing for any full order of protection and when properly requested in the
petition–may:
- Award custody of any minor child born to or adopted
by the parties when the court has jurisdiction over such child and no prior order
regarding custody is pending or has been made, and the best interests of the child require
such order be issued
- Establish a visitation schedule that is in the best
interests of the child
- Award maintenance to petitioner when petitioner and
respondent are lawfully married
- Order respondent to make or to continue to make rent
or mortgage payments on a residence occupied by the petitioner if the respondent is found
to have a duty to support the petitioner or other dependent household members
- Order the respondent to pay the petitioner’s rent at
a residence other than the one previously shared by the parties if the respondent is found
to have a duty to support the petitioner and the petitioner requests alternative housing
- Order that the petitioner be given temporary
possession of specified personal property, such as automobiles, checkbooks, keys, and
other personal effects
- Prohibit the respondent from transferring,
encumbering, or otherwise disposing of specified property mutually owned or leased by the
parties
- Order the respondent to participate in a
court-approved counseling program designed to help batterers stop violent behavior or to
participate in a substance abuse treatment program
- Order the respondent to pay a reasonable fee for
housing and other services that have been provided or that are being provided to the
petitioner by a shelter for victims of domestic violence
- Order the respondent to pay court costs
- Order the respondent to pay the cost of medical
treatment and services that have been provided or that are being provided to the
petitioner as a result of injuries sustained to the petitioner by an act of domestic
violence committed by the respondent.
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Domestic Violence Links |
The Family Violence
Prevention Fund
The National Electronic Network on Violence Against WomenOnline Brochure:
DOMESTIC VIOLENCE AND THE LAW
A PRACTICAL GUIDE FOR SURVIVORS
courtesy of the Missouri
Bar
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This page last updated on 15 March 2002
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