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Violating an Order of Protection

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Violating an Order of Protection in Missouri

Violating an order of protection is a criminal offense in Missouri. It is not a technical violation, not a misunderstanding, and not something courts treat lightly.

Many people are shocked to learn that even minor or indirect contact can result in arrest, jail time, and new criminal charges. Violations frequently occur unintentionally, often because the respondent underestimated the seriousness of the order or believed the petitioner consented to contact.

Consent does not matter. The order controls everything.

Defense Experience Matters in Violation Cases

Violation cases often arise out of chaos, emotion, and confusion. They are frequently charged based on a single allegation, a text message, a phone call, or being in the wrong place at the wrong time.

Attorney Thomas Kissell defends clients accused of violating orders of protection and understands how these cases overlap with:

  • Pending criminal cases
  • Family court disputes
  • Custody and divorce proceedings
  • Firearm restrictions
  • Prior protection order hearings

How a violation charge is handled can determine whether a situation escalates or can be contained.

 

Why These Charges Happen So Easily

Most violations are not violent. They happen because people assume common sense applies.

Common scenarios include:

  • Responding to a text or call from the petitioner
  • Showing up at a shared residence
  • Being present at a public place where the petitioner appears
  • Communicating through a third party
  • Attempting to reconcile or apologize

None of these are safe. If the order prohibits contact, any contact can be a crime.

Violating an Order of Protection Is a Criminal Charge

Violations of adult orders of protection are governed by Chapter 455 of the Missouri Revised Statutes.

Under Missouri law, a person commits a criminal offense if he or she knowingly violates the terms of:

  • A temporary order of protection
  • A full order of protection

The order does not need to be valid forever. It only needs to be in effect at the time of the alleged violation.

Temporary Orders Can Trigger Criminal Charges

A common mistake is believing that a temporary order is less enforceable than a full order. That is incorrect.

Violating a temporary order of protection can result in:

  • Immediate arrest
  • Criminal charges
  • Jail time
  • Bond restrictions

Temporary means short-term, not optional.

Criminal Contempt and Quasi-Criminal Exposure

Many violation cases are charged as criminal contempt, which is quasi-criminal in nature.

That means:

  • Jail time is possible
  • Fines may be imposed
  • A criminal record can result
  • Future violations are punished more severely

Courts take contempt seriously because it involves disobeying a court order.

 

Penalties for Violating an Order of Protection

Penalties depend on the circumstances and prior history.

Potential consequences include:

  • Arrest and incarceration
  • Probation
  • Fines and court costs
  • Stricter bond conditions
  • Enhanced penalties for repeat violations

Each alleged violation can be charged separately, increasing exposure quickly.

Consent Is Not a Defense

This is one of the most misunderstood aspects of these cases.

If the petitioner:

  • Initiates contact
  • Invites communication
  • Asks to meet
  • Requests reconciliation

It does not matter.

Only the court can modify or dissolve an order of protection. Until that happens, the order must be followed exactly.

How Violation Cases Are Defended

There is no one-size-fits-all defense, but effective representation focuses on the facts, the order itself, and the alleged conduct.

Defense strategies may include:

  • Challenging whether contact actually occurred
  • Examining whether the conduct violated the specific terms of the order
  • Disputing intent or knowledge
  • Attacking credibility and inconsistencies
  • Challenging improper enforcement
  • Limiting escalation of penalties

Early involvement is critical to preventing these cases from spiraling.

 

Why You Should Never Try to Explain It Yourself

  • Statements made to police after an alleged violation are often the strongest evidence in the case.

    Trying to explain:

    • Why you responded
    • Why you thought it was allowed
    • Why the petitioner consented

    Almost always makes the situation worse.

    Do not give statements without legal counsel.

What To Do If You Are Accused of Violating an Order of Protection

  • If you are accused or arrested:

    • Do not contact the petitioner
    • Do not attempt to justify or explain
    • Do not discuss the case with law enforcement
    • Do not assume the charge will be dismissed
    • Contact an experienced defense attorney immediately

    Mistakes at this stage often cannot be undone.

Relationship to Other Cases

  • A violation charge can:

    • Trigger revocation of bond in another case
    • Impact custody or divorce proceedings
    • Strengthen the case for a full order of protection
    • Lead to harsher conditions or incarceration

    These cases rarely exist in isolation.

Confidential Consultation for Violation of Order of Protection Defense

    • Attorney Thomas Kissell of Kissell Law Group defends individuals accused of violating orders of protection across Missouri.

      If you are facing a violation allegation, time matters. These cases escalate quickly and carry real jail exposure.

      Initial consultations are absolutely free.
      All consultations are confidential and judgment-free.

      Contact Kissell Law Group today to protect your rights.

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