An ex parte order of protection can be entered against you the same day a petition is filed — without a hearing, without your knowledge, and without you having any opportunity to respond. You can be ordered out of your own home, prohibited from contacting your children, and required to surrender your firearms before you even know the order exists. Once you are served, you have 15 days until a hearing that will determine whether the order becomes permanent. If you have been served with an ex parte order of protection in Columbia or anywhere across central Missouri, contact Bur Oak Legal for a free, confidential consultation.
(573) 499-0200 — call anytimeAn ex parte order of protection is an emergency civil order issued under Missouri's Adult Abuse Act, § 455.035 RSMo, without the respondent present. "Ex parte" is a Latin term meaning "on one side only" — the court hears only the petitioner's version of events before issuing the order. To obtain an ex parte order, the petitioner files a verified petition alleging domestic violence, stalking, or sexual assault and must show an immediate and present danger. If the court finds good cause, it can issue the order the same day.
The ex parte order takes effect immediately upon entry and remains in force until the respondent is served and a full hearing is held. An ex parte order can require the respondent to have no contact with the petitioner, stay away from the petitioner's home, workplace, or school, vacate a shared residence, and surrender custody of minor children. Despite being a civil order, violating an ex parte order is a criminal offense. A first violation is a Class A misdemeanor; repeated violations escalate to a Class E felony under § 455.085 RSMo.
Missouri law authorizes ex parte orders in cases involving spouses, former spouses, people who are or were in an intimate relationship, people who share a child in common, and people who live or have lived together. The broad definition of who can seek a protective order means ex parte orders arise in a wide range of domestic situations — not just marriages. If an ex parte order has been entered against you, contact an attorney before the full hearing date arrives.
You have 15 days — and the clock starts when you are served. Under § 455.040 RSMo, a full order of protection hearing must be held within 15 days of the petition filing. That is a short window to find an attorney, gather evidence, identify witnesses, and prepare a defense. The respondent who arrives at the full hearing without preparation often faces a full order that can last one to ten years — or longer. Contact Bur Oak Legal at (573) 499-0200 as soon as you are served.
Missouri's Adult Abuse Act creates a two-stage process for protective orders. The first stage is the ex parte order — issued without the respondent present based solely on the petitioner's verified petition. The second stage is the full order of protection hearing, where both parties have the right to appear, present evidence, and cross-examine witnesses. Understanding both stages is essential to mounting an effective defense.
The petitioner files a verified petition in circuit court alleging domestic violence, stalking, or sexual assault. The petitioner must show an immediate and present danger. If the court finds good cause, it issues the ex parte order immediately — sometimes within hours. The order is signed and entered without the respondent having any notice or opportunity to respond. The order is then sent for service on the respondent.
The ex parte order becomes enforceable once the respondent is served. Law enforcement is directed to serve the order at the earliest possible time, with service of protective orders taking priority over other civil process. The respondent must be served at least three days before the full hearing date. Importantly, under § 455.035 RSMo, failure to serve the respondent does not affect the validity of the ex parte order — it remains in effect regardless of whether service has been made.
Not later than 15 days after the petition was filed, the court holds a full hearing under § 455.040 RSMo. Both parties may appear, present evidence, call witnesses, and cross-examine. The petitioner bears the burden of proving the allegations by a preponderance of the evidence. The respondent has the right to contest the allegations and present a complete defense. If the petitioner fails to appear or fails to meet the burden of proof, the ex parte order is dismissed.
If the court finds the allegations proven, it issues a full order of protection valid for 180 days to one year — unless the court makes a specific written finding that the respondent poses a serious danger to the petitioner's physical or mental health, in which case the order can last two to ten years. Orders found to involve serious danger can be renewed for the life of the respondent. Full orders are entered into MULES, NCIC, and the federal NICS background check system.
Missouri courts have broad authority to include a range of conditions in an ex parte or full order of protection. The terms of the order define what the respondent is prohibited from doing — and violation of any term is a criminal offense. Understanding exactly what the order requires is the first step to avoiding a violation while the case is pending.
The full hearing is the respondent's opportunity to contest the allegations and prevent the issuance of a full order of protection. The petitioner must prove the allegations of domestic violence, stalking, or sexual assault by a preponderance of the evidence — meaning more likely than not. The respondent does not have to prove innocence; if the petitioner's evidence fails to meet that standard, the court must dismiss the order.
The most direct defense is to present evidence that contradicts the petitioner's account. Text messages, emails, social media posts, photographs, and surveillance footage can all establish what actually occurred. Witnesses who were present during the alleged incident or who can speak to the relationship between the parties are often decisive at full hearings. The petitioner's prior inconsistent statements about the alleged events can be used to undermine credibility.
Missouri's Adult Abuse Act authorizes protective orders on two separate grounds: domestic violence and stalking. When the petition is based on domestic violence, the court can only issue an order if the parties fall within one of the specific relationship categories defined by § 455.010 RSMo — spouses, former spouses, people who share a child in common, people who are or were in an intimate relationship, or people who live or have lived together. If the petitioner does not qualify under one of those categories and the petition is not grounded in stalking, the court lacks authority to issue a domestic violence order of protection. However, the Adult Abuse Act's stalking provision does not require any domestic or intimate relationship — any person who claims to have been the victim of stalking under § 455.010(10) RSMo can petition for an order of protection regardless of their connection to the respondent. Understanding which legal theory the petition relies on is essential to identifying whether a relationship-basis challenge is available.
The preponderance standard means the petitioner must show the alleged abuse is more likely than not to have occurred. A well-prepared respondent can present evidence that creates genuine doubt about the petitioner's account — not necessarily by proving what happened, but by demonstrating that the petitioner's version of events is not reliable, consistent, or supported by the available evidence.
In cases where a protective order petition is filed in the context of a pending divorce, child custody dispute, or property dispute, the petitioner's motive for filing becomes relevant to credibility. Evidence that the petition was filed strategically — to gain advantage in a family court proceeding, to secure possession of the marital home, or to limit the respondent's access to children — can influence how the court evaluates the petitioner's testimony.
The respondent's attorney has the right to cross-examine the petitioner at the full hearing. Effective cross-examination can expose inconsistencies between the petition and the petitioner's testimony, prior statements that contradict the allegations, and facts that undermine the petitioner's credibility. Many protective order cases turn on the court's assessment of witness credibility — and thorough cross-examination is often the most powerful tool in the respondent's defense.
If the respondent cannot adequately prepare within the 15-day window — because of difficulty locating witnesses, obtaining evidence, or retaining counsel — a continuance may be available for good cause. Missouri courts have discretion to continue full hearings, and the ex parte order remains in effect during any continuance. Procedural issues, including defects in service or the petition itself, can also be raised as grounds for dismissal.
Violating the terms of an ex parte or full order of protection is a separate criminal offense under § 455.085 RSMo. Law enforcement officers are required to arrest a person when they have probable cause to believe the respondent has violated an order of protection — regardless of whether the violation occurred in the officer's presence, and regardless of whether the petitioner initiated the contact.
A first violation of either an ex parte order or a full order of protection is a Class A misdemeanor — carrying up to one year in county jail and a $2,000 fine. If the respondent has a prior finding of guilt for violating any protective order within the past five years, the subsequent violation is a Class E felony, carrying up to four years in prison. The five-year look-back applies even if the prior violation involved a different petitioner or a different order.
Violations are prosecuted seriously by Missouri prosecutors. The fact that the petitioner initiated contact does not provide the respondent a defense to the violation charge. The fact that the respondent believed the order did not apply to a particular location or form of contact is generally not a valid defense once the respondent had notice of the order's terms. If you have been arrested for a violation of a protective order, contact an attorney immediately — these charges can rapidly escalate from misdemeanor to felony territory.
Federal firearms prohibition — full order of protection. A full Missouri order of protection is entered into the National Instant Criminal Background Check System (NICS). Under 18 U.S.C. § 922(g)(8), any person subject to a qualifying protective order — one entered after a hearing at which the respondent had notice and opportunity to participate — is prohibited from purchasing or possessing any firearm or ammunition under federal law. This prohibition lasts for as long as the order remains in effect. An ex parte order alone does not trigger the federal prohibition; a full order entered after a hearing does. For gun owners, hunters, and anyone in law enforcement or security, this consequence can be life-changing.
Chris Miller is a criminal defense attorney based in Columbia, Missouri, who represents respondents in ex parte order of protection proceedings across Boone County and all of central Missouri. As the attorney at Bur Oak Legal, Chris handles every case personally — your case is never handed off to an associate or paralegal. Chris is the attorney who prepares your defense and appears at your full hearing.
Ex parte order hearings in Columbia are held at the Boone County Courthouse before circuit court judges. The 15-day window from the filing of the petition to the full hearing is short — often shorter in practice, since the respondent may not be served until days after the petition was filed. Having a Columbia attorney who has appeared at protective order hearings in Boone County, who knows the local procedure, and who can quickly assess and prepare the respondent's defense makes a meaningful difference in whether the court dismisses the order or enters a full order of protection.
Many respondents served with an ex parte order in Columbia make the mistake of trying to contact the petitioner directly — believing a conversation can resolve the matter — only to find themselves facing a violation charge before the full hearing even takes place. Do not contact the petitioner after an ex parte order is served. Do not send messages through mutual friends or family members. Do not post on social media about the situation. Contact an attorney immediately instead.
Ex parte orders in central Missouri often arise in the context of divorce or custody proceedings, and the outcome of the protective order hearing can directly affect the family court case. A full order of protection entered against a parent in Boone County will be considered in any custody determination under § 452.375 RSMo. Contesting the order at the full hearing is not just about avoiding the terms of the order — it is about protecting your ability to remain involved in your children's lives and your record in the community.
If you have been served with an ex parte order of protection in Columbia or anywhere in central Missouri, call Bur Oak Legal at (573) 499-0200 for a free consultation. Chris Miller will review the petition, assess the strength of the petitioner's allegations, identify the evidence and witnesses available to contest the order, and prepare a defense strategy for the full hearing.
When both parties appear before the judge at a full protective order hearing, the judge evaluates the credibility of each witness, the consistency of the evidence, and whether the petitioner has met the preponderance of the evidence standard. A judge may deny a protective order if the petitioner's account is internally inconsistent, contradicted by documentary evidence, or not credible in light of the parties' prior communications and relationship history. Conversely, a judge may grant restrictions that go beyond what the petitioner requested if the evidence suggests the respondent poses a serious danger — including ordering the respondent to undergo counseling, surrender firearms, or comply with additional conditions as a term of the order.
Understanding what a judge looks for at a protective order hearing in Missouri is central to building an effective defense. Judges in Boone County have considerable discretion in evaluating witness testimony at full hearings, and the judge's assessment of which party is more credible typically determines the outcome. A respondent who arrives prepared — with documented evidence, identified witnesses, and a clear theory of defense — is far more likely to protect their rights and their relationship with their children than a respondent who appears without counsel. Bur Oak Legal represents respondents at protective order hearings across central Missouri and can help you understand the restrictions the order imposes and the best path to contesting them. Contact us for a free consultation at (573) 499-0200.
Missouri judges also consider the practical consequences of granting or denying a full order of protection. Courts recognize that orders entered for multiple years carry significant collateral effects — affecting custody determinations, firearm rights under federal law, and professional licensing. A judge who grants a long-term order based on a marginal showing of proof may be creating consequences disproportionate to the evidence presented. Raising these considerations as part of a defense — particularly when the petitioner has a mixed or questionable evidentiary record — can influence how a judge approaches the duration and scope of any order ultimately granted.
Ex parte orders frequently arise alongside domestic violence charges and family law proceedings. Bur Oak Legal handles a range of criminal defense matters across central Missouri.
Free consultation with Attorney Chris Miller — licensed in Missouri since 2012. Your case stays with Chris from the first call to the final outcome. Serving Columbia, Boone County, and all of central Missouri.