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:

FIRST: The ex parte Order

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:

• 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 child support

• 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.

Domestic Violence Links

Online Brochure:

DOMESTIC VIOLENCE AND THE LAW
A PRACTICAL GUIDE FOR SURVIVORS
courtesy of the Missouri Bar