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Many people mistakenly believe that a temporary order of protection is informal or that it will automatically go away. That belief is dangerous.
In Missouri, temporary orders of protection and full orders of protection serve very different purposes, but both carry immediate and serious consequences. Understanding the difference is critical to protecting your rights.
Adult orders of protection are governed by Chapter 455 of the Missouri Revised Statutes.
Under this chapter, courts may issue:
Each has different standards, procedures, and long-term consequences.
A temporary order of protection is often issued ex parte, meaning without the respondent present. It is typically granted the same day a petition is filed, based solely on the allegations contained in the petition.
The court does not hear evidence from both sides at this stage.
Even though it is labeled temporary, the consequences are immediate.
A temporary order of protection may:
Violating a temporary order can lead directly to arrest and criminal charges.
Many respondents assume they can explain their side later or that the order will simply expire. That assumption is often wrong.
Statements made after a temporary order is issued, including texts, emails, or attempts to reconcile, are a common basis for criminal charges.
Temporary does not mean harmless.
A full order of protection is entered only after a hearing, where both parties have the opportunity to testify and present evidence.
This hearing is a trial, not an informal discussion.
The court decides whether the allegations have been proven by a preponderance of the evidence and whether a full order should be entered.
A full order of protection may last:
Once entered, a full order can have lasting consequences.
A full order of protection commonly:
Both temporary and full orders of protection can affect firearm possession.
Once an order is entered:
Firearm consequences must be addressed immediately and strategically.
This point cannot be overstated.
A full order of protection hearing is a trial:
Respondents should expect to testify and to be cross-examined. Walking into this hearing unprepared is one of the most damaging mistakes people make.
Anyone facing a full order of protection hearing must be prepared to:
Judges do not scroll through phones or sort through disorganized screenshots. Evidence must be presented properly.
Continuances in order of protection cases are uncommon.
Outside of the initial hearing date for the limited purpose of retaining counsel, courts rarely continue these cases. Judges expect both sides to be ready to proceed.
Waiting until the hearing date to prepare is often too late.
In some cases, proceeding to a full evidentiary hearing is too risky.
Missouri law allows for consent judgments in order of protection cases. A consent judgment:
When evidence is weak, trial may be appropriate. When evidence is strong, a consent judgment may be the safer strategic option.
Attorney Thomas Kissell of Kissell Law Group defends individuals facing temporary and full orders of protection across Missouri.
If you have been served with an order of protection or have an upcoming hearing, time matters.
Initial consultations are absolutely free.
All consultations are confidential and judgment-free.
Contact Kissell Law Group today to protect your rights.