Restraining Orders in Missouri (2026): Types & Filing

Will a judge believe me?

If you're staring down a Missouri courthouse wondering whether a judge will take you seriously, know this: Missouri law lets a judge grant an emergency order the same day based only on your sworn petition, before the other person is even notified. You don't need a lawyer or a stack of proof to start. What helps most is specificity — clear dates, what happened, and how it affected you or your children. Anything you've kept along the way, like messages or a written timeline, simply makes that story easier to follow at the full hearing. It also helps to think about safety while your case moves through the court: consider where you'll stay the night you file, let a trusted friend or family member know your plan, and keep a copy of the order somewhere the other person can't reach once it's granted.

Types of protective orders in Missouri

Missouri's protective order, under the state's Domestic Violence Act (Chapter 455 RSMo), is called an Order of Protection and comes in two stages, both issued by the Circuit Court (Family Court division in many counties):

• Ex Parte Order of Protection — a temporary order granted quickly, often the same day, before the other person is notified.
• Full Order of Protection — issued after a hearing where both sides can testify, valid for at least 180 days and up to one year, and renewable.

Any adult over 17 who has experienced abuse by a present or former family or household member, or who has been a victim of stalking, may petition for one.

Emergency / ex parte orders

The Ex Parte Order of Protection is Missouri's emergency option. If a judge finds there is a present danger of abuse based on your petition, they can sign it before the respondent is served or has a chance to respond. The order takes effect once the respondent is served, and the court must hold a full hearing within 15 days of the date you filed to decide whether to issue a Full Order of Protection.

How to file in Missouri

Filing steps generally look like this:

• Go to the Circuit Clerk's office at the county courthouse — in the county where you live, where the abuse happened, or where the respondent lives or works.
• Ask for the Adult (or Child) Petition for Order of Protection; the clerk is required to help you complete it and explain the process.
• A judge reviews your petition, often the same day, and decides whether to grant an Ex Parte Order.
• Law enforcement serves the respondent with the order and hearing notice.
• You and the respondent attend the hearing, within 15 days, where the judge decides on a Full Order of Protection.

Filing is free in Missouri, and many circuits accept emergency after-hours filings through local law enforcement when the courthouse is closed. Once an order is granted, keep a copy with you — in your bag, car, or workplace — and give a copy to your children's school or your employer's security desk if the order names them too. If the other person violates the order, call 911 right away and note the date, time, and exactly what happened; that record can matter if the case comes back before a judge.

What evidence helps

A judge can act on your sworn petition alone, but supporting documentation strengthens your case at the full hearing:

• A dated journal of incidents, written as close to the event as you can manage.
• Screenshots of threatening texts or messages with visible timestamps.
• Photos of injuries or property damage.
• Contact information for anyone who witnessed the abuse or stalking.

Bring copies to your hearing and keep the originals somewhere the respondent cannot access. Where possible, store digital evidence in more than one place — for example a cloud backup as well as your phone — in case a device is lost, damaged, or taken.