Missouri’s Adult Abuse Act provides protective relief for victims of domestic violence, stalking, sexual assault. This contains some answers to frequently asked questions about Ex-Partes / Full Orders of Protection. This is not legal advice. You may consult an attorney at any time during this process.

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Who qualifies for an Order of Protection?

• Persons 17 years of age and over or emancipated.  If you are under 17 years of age and not emancipated, a parent or guardian must file on your behalf.

• You must now be or have formerly been any of the following relationships with the respondent:

  • Married or previously married

  • Related by blood or Marriage

  • Living together or previously lived together

  • Have a child in common

  • In a dating relationship 

  • Victim of Stalking OR Sexual Assault.

• You must have been abused, stalked, or sexually assaulted as defined by Missouri law

 Please Note: Having the abuser's full name and address or place of employment is also important. For you to obtain a Full Order of Protection, the respondent MUST be served.

 

Where can I file?

(A)The county where you live               (B)The county where the Abuser/ Stalker / Offender lives

(C)The county where the abuse, stalking, and/or sexual assault happened.

All petitions must be filed at the county courthouse. The Cass County Courthouse is located at 2501 W Wall Street Harrisonville, MO (816-380-8232 or 816-380-8228). You will need your ID to file.

 

How much will it cost?

There is no fee for an Ex-Parte. There may be a fee if you choose to use a special process server.

 

Can I file if I still want the respondent to see our children?

YES! You can even put on the form no communication “except in regard to the children”. It is recommended to use a third party for all visitation exchanges and use a co-parenting app for communication.

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What is the procedure for filing an Ex-Parte?

1. You must fill out a petition for an order of protection. This is a form telling the judge why you believe you need an order of protection.

   1. You can find the petition at the Belton Police Department, the Cass County Courthouse or at www.courts.mo.gov under court forms find Adult Abuse forms. Note: Do not sign the last page. This needs to be done in front of the court clerk.

   2. You are the Petitioner and the Abuser, Stalker, and/or Offender is considered the Respondent.

   3. You DO NOT have to list your address on the petition if you do not want the respondent to know where you live. The respondent will receive a copy of this petition. (This does not apply to the confidential filing form. Please fill that out completely.)

2. Section B wants you to give a specific date of the most recent abuse. There is a section for you to describe the abuse. Basically, what has the respondent done to make you afraid for your safety? Start with the most recent and work your way back. You can use a separate piece of paper if needed. Please note the Judge does not have access to police reports, criminal histories or any other evidence, so please be detailed.

In the “other good reasons”, this would be an appropriate place to tell the judge if this is not an isolated incident or why it might continue to occur if you do not get an order of protection to stop the abuse/stalking/sexual assault.

1. The clerk will look it over to ensure everything is filled out and then present the petition to the Judge.

2. The Judge will then do one of three things.

   • If the Judge finds there is an immediate and present danger of abuse, the court will issue an Ex-Parte order of protection. This is a temporary protection order and you will need to come back on the issued court date to tell the Judge why you need a full order of protection.

   •  If the Judge does not find evidence of immediate and present danger, you will be issued a Notice of Hearing. No order will be in effect, however; you still need to come to court on your issued court date to tell the Judge why you need a full order of protection.

   • If the Judge determines you do not qualify for an order of protection, it can be denied it altogether. If another incident occurs with the respondent, you may return and complete the petition again.

 

What happens after you are issued an Ex-Parte or Notice of Hearing?

• The Court Clerks will give you (the petitioner) copies of the order that have been signed by the Judge. We suggest you keep a copy of the Ex-Parte with you at all times. You can make extra copies if you need; one for your child’s school/daycare, your place of employment, and your house.  Please read it carefully. It will have a court date that the petitioner MUST appear at. 

• The Ex-Parte or Notice of Hearing will need to be served to the respondent by a law enforcement officer. If the respondent is at your home and you need them removed immediately, contact your local police department for service. It is helpful if you have multiple copies on hand.

• If the respondent is not served before your court date, you will still need to appear in court. The Judge will typically continue it 1 or 2 times from the initial date.

• If law enforcement has trouble serving the respondent, you may need to look into hiring a special process server. You will have to complete an application at the courthouse for a special process server before the respondent is served by them. There are fees associated with this process.

•  If the respondent violates the Ex-Parte, call the police immediately, wherever the violation occurred.

 

What will happen at the hearing Date?

Several things may happen on the hearing date. It depends on the circumstances of your case. Possibilities include continuance, dismissal by the petitioner, a hearing being held, the respondent consenting to the order, or a full order being granted or denied.

Here are some Helpful Hints:

• Dress appropriately for the court date. No shorts, tank tops, ball caps, or flip-flops.

• Try to find a sitter for Children

• Bring any evidence you have and/or any witness’ you wish to have testify. Evidence may include pictures, cell phone records, recordings, screenshots, etc. Please note phones are not allowed in the courthouse. If you have evidence on your phone you will need to print it or ask permission from the judge to bring your phone in during your hearing. This request may or may not be granted.   

• Arrive a little early. If you are late the judge may dismiss the case as a failure to appear.

• You do not have to have an attorney for this hearing, although you and the respondent both have the right to obtain one.

 

What happens once I get a Full Order of Protection?

• Full Orders are typically valid for 6 months or 1 year, however, it is up to the Judge’s discretion. The expiration date is typically on the first page of the full order.

• This will replace your Ex-Parte paperwork.

• If the respondent violates the Full Order, call the police immediately, wherever the violation occurred.

• This order is valid in all 50 states.

 

 

Other Things to Note:

• If you need an interpreter, you may obtain one by contacting the Cass County Court Clerks.

• The court cannot change custody in an order of protection when a previous custody order is in effect, or when a dissolution of marriage case is pending. Adult Abuse petitions may not be used as a substitute for criminal charges, dissolution of marriage actions, custody actions, or other types of cases.

 

What can the Victim Advocate do before or during the Order of Protection hearing?

• Talk to you about your safety when entering and exiting the courthouse.

• Sit with you while you are waiting for your case to be called.

• Stand in between you and the respondent during the court proceeding.

• Explain the hearing process to you.

 

*The Advocate can NOT offer legal advice or speak on your behalf during the hearing.

 

If you would like to speak to a victim advocate before your court date or would like one present on your court date, please call the Belton Police Department Victim Service Unit at (816) 348-4430 or email us at BPDVAU@gmail.com. Advocates wear purple to court to help you find us at your court date.

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