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Orders of Protection

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Adult Orders of Protection in Missouri

Adult Orders of Protection are often misunderstood as minor or purely civil matters. They are not.

An adult order of protection can immediately strip a person of constitutional rights, including the right to possess firearms. If upheld, it commonly requires participation in a Batterers Intervention Program, which typically lasts 26 weeks or longer. Violations of an order can lead to criminal charges, including criminal contempt, which is quasi-criminal and can result in jail time.

These cases move fast, carry serious consequences, and must be treated as high-risk litigation from the very beginning.

These Hearings Are Trials, Not Informal Proceedings

An order of protection hearing is not a discussion, mediation, or administrative review. It is a trial.

Witnesses testify under oath. Evidence is admitted. Credibility is judged. Findings are made. The court decides whether to enter a full order that can follow a person for years.

Clients must be fully prepared to:

  • Testify under oath
  • Be cross-examined
  • Present evidence
  • Challenge the petitioner’s claims

Walking into court unprepared is one of the most common and damaging mistakes people make in these cases.

Defense Experience Matters in Order of Protection Cases

Temporary orders are often issued the same day a petition is filed, without the respondent present. That does not mean the final hearing is automatic.

Attorney Thomas Kissell regularly defends individuals facing adult orders of protection and understands how these proceedings intersect with:

  • Criminal investigations
  • Firearm restrictions
  • Family law proceedings
  • Employment and professional licensing
  • Future criminal exposure

How the case is handled at the protection order stage often determines what happens next.

Why You Should Always Assume the Worst

Many people mistakenly believe an order of protection hearing is low risk or that the court will simply see the truth. That assumption is dangerous.

Adult orders of protection can:

  • Remove you from your home
  • Prohibit contact with a spouse or partner
  • Restrict access to children
  • Require surrender of firearms
  • Mandate long-term counseling programs
  • Create a record that follows you indefinitely

Always assume the worst and prepare accordingly.

Preparation Is Not Optional

Clients must come to court fully prepared.

That means:

  • Bringing printed copiesof all relevant evidence
  • Text messages, emails, call logs, and photographs
  • Organizing evidence in chronological order
  • Being prepared to testify clearly and consistently

Judges will not search phones, scroll through screenshots, or accept last-minute explanations. Evidence must be presented properly and professionally.

Continuances Are Rarely Granted

Continuances in adult order of protection cases are not common.

Outside of the initial hearing date for the limited purpose of retaining counsel, courts rarely grant continuances. Judges expect the parties to be ready to proceed.

Waiting to prepare until the hearing date is often too late.

Never Go Alone to an Order of Protection Hearing

Statements made during an order of protection trial can later be used in:

  • Criminal prosecutions
  • Family court proceedings
  • Custody disputes
  • Contempt proceedings

Cross-examination matters. Objections matter. Strategic silence matters.

Never attend an order of protection hearing without legal counsel.

Firearm Rights and Orders of Protection

An adult order of protection can immediately affect firearm possession under both state and federal law.

Once an order is entered:

  • Firearms may be required to be surrendered
  • Possession may become a criminal offense
  • Violations can result in arrest and prosecution

Even temporary orders can trigger firearm restrictions. These issues must be addressed immediately.

 

Batterers Intervention Programs and Long-Term Consequences

If an adult order of protection is upheld, courts commonly require participation in a Batterers Intervention Program.

These programs:

  • Typically last 26 weeks
  • Require strict attendance and compliance
  • Are costly and time-consuming
  • Can interfere with employment and family obligations

Failure to complete the program can result in further court action or contempt proceedings.

 

Criminal Contempt and Quasi-Criminal Exposure

  • Violating an order of protection is not a technical issue.

    Alleged violations can result in:

    • Criminal charges
    • Criminal contempt proceedings
    • Arrest and incarceration
    • Escalating penalties for repeat allegations

    Criminal contempt is quasi-criminal, but the consequences are very real.

Consent Judgments as a Strategic Defense Tool

  • In some cases, the evidence is unfavorable or the risk of an adverse finding is too high.

    Missouri law allows consent judgments in adult order of protection cases. A consent judgment:

    • Avoids findings of fact against the respondent
    • Does not require an admission of wrongdoing
    • Can reduce collateral consequences
    • May limit future criminal exposure

    When used strategically, consent judgments can protect clients when outright dismissal is unlikely.

    Not every case is appropriate for a consent judgment. Knowing when to pursue one requires experience.

What Missouri Law Governs Adult Orders of Protection

  • Adult orders of protection are governed by Chapter 455 of the Missouri Revised Statutes.

    These statutes define:

    • What qualifies as abuse or stalking
    • Available remedies and restrictions
    • Duration and enforcement of orders
    • Consequences for violations

    Understanding how these statutes interact with criminal law is essential to effective defense.

What To Do If You Are Served With an Adult Order of Protection

  • If you have been served:
    • Do not violate the order
    • Do not contact the petitioner
    • Do not attempt to explain your side on your own
    • Do not bring firearms into the situation
    • Contact an experienced defense attorney immediately
    Mistakes at this stage often cannot be undone.

Confidential Consultation for Adult Order of Protection Defense

  • Attorney Thomas Kissell of Kissell Law Group defends individuals facing adult orders of protection across Missouri. These cases demand preparation, strategy, and an understanding of both civil and criminal exposure. If you have been served with an order of protection or fear one may be filed, do not wait. Initial consultations are absolutely free. All consultations are confidential and judgment-free. Contact Kissell Law Group today to protect your rights.

Need Any Help?

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314-669-4394

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816-944-3943

Office Address

7513A Forsyth Blvd Clayton, MO 63105