Kansas City Ex Parte Lawyer Explains the Missouri Restraining Order Process

A restraining order is a type of court order. This court order is issued to protect a person from harm or threats of harm. In Missouri, one type of restraining order is called an ex parte order. Typically, ex parte orders are intended to be filed in an emergency. If you feel you are in danger, this is likely the fastest way for you to get legal assistance. This page provides information on establishing ex parte orders in Missouri. You will read about who can file for them, how you file for them, and what happens going forward.

What Is an Ex Parte Order?

An ex parte order is a quick court order. Judges issue them without the other person present. It’s used when waiting would be unsafe. These orders can stop someone from:

  • Coming near you
  • Calling or texting you
  • Coming to your home or work
  • Threatening or harming you

You don’t need to prove everything in court right away. You just need to show there’s danger.

Who Can File for One in Missouri?

You can file if someone has:

  • Hurt you
  • Threatened to hurt you
  • Stalked you
  • Made you afraid for your safety

This can include a spouse, ex, boyfriend, girlfriend, or even a family member. Missouri law also protects kids, roommates, and others in the home.

Where to File in Kansas City

You will go to the circuit court for your county to file the petition. In Kansas City, the circuit court is the Jackson County Circuit Court. You can file a petition at the courthouse and can find the forms at the courthouse too. You can also find the forms online from Missouri Courts. Some clerks have set hours to assist you. While they cannot give you legal advice, they can explain the forms to you.

How to File for an Ex Parte Order

  1. Get the form — Ask for a “Petition for Order of Protection.”
  2. Fill it out — Write clearly. Include details about what happened.
  3. File it — Give it to the court clerk. There is no cost to file.
  4. Wait for the judge — The judge may sign the order the same day.

If the judge signs it, it’s active right away. Police can serve it on the other person.

What Happens After It’s Filed?

Once filed, the judge will review it fast. If the judge thinks you’re in danger, they’ll grant the ex parte order. It stays active until a full court hearing, usually in 15 days or less. The other person will get a copy. They’ll have a chance to respond at the hearing. At the hearing, both sides speak. The judge then decides whether to issue a full order of protection. That order can last for months or years.

What the Order Can Do

A Missouri ex parte order can:

  • Ban contact by phone, text, or email
  • Order the person to leave the home
  • Prevent visits to your job or school
  • Award temporary child custody

It gives you legal protection. If the person breaks the order, police can arrest them.

Do You Need a Lawyer?

You don’t have to hire a lawyer. But it helps. A skilled Kansas City criminal defense lawyer knows the law. They make sure your forms are right. They can speak for you at the court hearing.

Lawyers also help if:

  • You need protection for your child
  • The other person hires a lawyer
  • You’re worried about your safety

A lawyer helps protect your rights and gives peace of mind.

Can the Other Person Fight It?

Yes. At the hearing, they can argue against the order. They can bring a lawyer. They can show proof or witnesses. But if you’re in danger, speak the truth. Judges take these orders seriously. Bring texts, photos, or anything that shows harm or threats.

What If the Person Breaks the Order?

Call the police. Breaking the order is a crime. Even one text or visit counts as a violation. Police can arrest them right away. Keep copies of the order with you. Give one to your job, your child’s school, and anyone who helps keep you safe.

How Long Does It Last?

An ex parte order lasts until the court hearing. A full order can last:

  • Up to 180 days
  • Or up to 1 year
  • Some can be renewed or last longer

You can ask for a new order when it ends if you still feel unsafe.

Missouri Restraining Orders vs. Ex Parte Orders

Ex parte = fast and temporary.
Full protection order = longer and more detailed.

Ex parte orders are step one. If the judge agrees, you move on to the full protection order. Both help stop abuse and threats.

How a Kansas City Lawyer Can Help

A Kansas City ex parte lawyer will:

  • Help you explain your story
  • File your paperwork right
  • Make sure deadlines are met
  • Speak for you in court
  • Fight for your safety

Even if you feel scared or confused, a lawyer stays calm. They help you take back control.

Don’t Wait to Get Help

If someone is hurting you, don’t wait. Courts act fast to stop danger. Police will step in once an order is issued. You’re not alone. Many people file these orders every day. It’s your right to be safe. Call an experienced local Kansas City ex parte defense lawyer right away.

FAQs

1. How fast can I get an ex parte order in Kansas City?

In urgent cases, the judge can grant it the same day. It often happens within hours.

2. Do I need proof to file the order?

You don’t need full proof right away. Share what happened. Include dates, texts, or pictures if you have them.

3. Can I file an order for my child too?

Yes. Parents or guardians can ask for protection for their child. Judges take this very seriously.

4. Will the other person find out I filed it?

Yes. The court will serve them the papers. But only after the judge signs the order.

5. What if the court denies my request?

You can try again with more facts or get a lawyer to help. Some people also seek help through police or shelters.

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