Full Order of Protection
A Full Order of Protection is issued by a judge after a court hearing, and the victim must be present at the time of the hearing. When a victim does not appear for the hearing, the case will be dismissed under Missouri law. In the case the accused has been served and does not appear at the hearing, a Full Order of Protection will automatically be issued by a judge after the victim presents his or her evidence. If the accused and the victim both appear for the hearing, then they will have the chance to present evidence to a judge. Missouri law states that a Full Order of Protection can be issued for up to one year.
How to Have an Order of Protection Issued
There is a detailed process if an individual wants to get an Order of Protection issued against another individual. The victim will need to appear at the Circuit Court and fill out an application. The application is known as a Petition for Order of Protection. The form can be found at the Circuit Clerk’s office, and the Missouri Adult Abuse Act necessitates court clerks to give an explanation about how to file all the required forms and documents for the petition. There is not a fee to file an Order of Protection, and an individual can file without having an attorney.
There are two ways to get an Order of Protection enforced, which are through criminal enforcement and civil enforcement. If an abuser violates an Order of Protection, a victim is entitled to criminal and civil options. When an abuser violates an Order of Protection, it is a criminal offense and police officials should be contacted as soon as the violation has occurred. If the petition is present when law officials arrive, then the abuser will be arrested. If the abuser continues to stalk or harass a victim, then he or she can be arrested and prosecuted for violation of the Order of Protection.
When civil enforcement is enforced, it is not because the abuser has violated the Order of Protection. A civil enforcement could be issued if an abuser fails to pay child support or maintenance as stated in the Order of Protection. In the instance a defendant does not have a valid reason for complying with the Order of Protection, then a judge can find him or her in contempt of court.
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