Missouri Restraining Order Laws (2026): How to Get an Order of Protection
Missouri Restraining Order Laws (2026): How to Get an Order of Protection
In Missouri, a Full Order of Protection can be obtained through the Circuit Court by any victim of domestic violence, stalking, or sexual assault. A final order lasts between 180 days and one year in standard cases, and between two and ten years when the court finds serious ongoing danger.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Missouri
Missouri uses the term "Order of Protection" for all civil protective orders, governed by RSMo Chapter 455 (the Adult Abuse Act). The statute covers two situations under one unified petition: domestic violence by a family or household member, and stalking or sexual assault by any person regardless of relationship. You do not need to have had any prior relationship with the respondent to seek an Order of Protection based on stalking or sexual assault.
The process runs in two phases. First, when a petitioner shows immediate and present danger, the court issues an Ex Parte Order of Protection the same day without the respondent present. This temporary order holds until the full hearing. After the respondent is served and a hearing is held, the court may issue a Full Order of Protection, which is the final order. Missouri does not operate a separate civil harassment track; the stalking and sexual assault grounds are built into the same Chapter 455 petition.
Who can get a restraining order in Missouri?
For the domestic violence track, you must have a qualifying relationship with the respondent. Missouri defines family or household members as: current or former spouses; persons related by blood or marriage; current or former cohabitants (people who live or have lived together); persons who share a child in common; and persons who are in or were formerly in a continuing social relationship of a romantic or intimate nature. Casual acquaintances and purely business relationships do not qualify for the domestic violence track.
For the stalking or sexual assault track, any adult may petition regardless of their relationship to the respondent. An adult may also file a petition on behalf of a minor child who has been a victim. If you are unsure which track applies to your situation, court self-help staff or a domestic violence advocate can help you determine the correct petition.
How to file for a restraining order in Missouri
Petitions for an Order of Protection are filed with the Circuit Court under RSMo §455.020. You may file in the county where you reside, where the respondent resides, or where the abuse or stalking occurred, giving you several venue options for safety and convenience.
Filing is free. Under the federal Violence Against Women Act (VAWA), courts cannot charge a filing fee or a service fee to a petitioner seeking a domestic violence protective order. When you file the petition, you will describe the incidents of abuse, stalking, or assault and request immediate protection. If the judge finds immediate and present danger, the Ex Parte Order of Protection is issued the same day.
For help completing the forms, contact your county Circuit Court's self-help center. Missouri also has a statewide network of domestic violence programs; the National Domestic Violence Hotline (1-800-799-7233) can connect you to a local advocate who can assist you with the petition at no cost.
Temporary vs. final orders: how long they last
| Order Type | How It Is Issued | How Long It Lasts |
|---|---|---|
| Ex Parte Order of Protection | Same day, without respondent present, when immediate danger shown | Until the full hearing (hearing typically within 15 days of service) |
| Full Order of Protection (standard) | After a hearing with notice to respondent | Minimum 180 days, maximum 1 year |
| Full Order of Protection (serious danger finding) | After hearing with specific written court findings of serious danger | Minimum 2 years, maximum 10 years initially; on renewal, up to the life of the respondent |
The transition from the temporary order to the full hearing is important. The respondent is served with the Ex Parte Order and is given notice of the hearing date. At the hearing, both sides may present evidence and testimony. If the court is satisfied that protection is warranted, the Full Order of Protection is issued. The serious-danger track (two to ten years) requires the court to make specific written findings that the respondent poses a serious danger to the petitioner or to a minor member of the household. Under RSMo 455.040, when a serious-danger order is renewed and the court again makes those findings, the renewed order may run up to the life of the respondent. The respondent must demonstrate proof of treatment and rehabilitation before the court will modify or terminate such an order.
Firearms and a Missouri Order of Protection
Under RSMo §571.070, a person who is subject to a qualifying Order of Protection that meets the criteria of 18 U.S.C. §922(g)(8) is prohibited from possessing a firearm under Missouri law. In addition, the federal firearms ban at 18 U.S.C. §922(g)(8) applies automatically to any qualifying final order issued after notice and a hearing. The order is entered into the Missouri Uniform Law Enforcement System (MULES) and the National Crime Information Center (NCIC), which gives law enforcement immediate notice of the prohibition.
Any concealed carry endorsement held by the respondent is suspended for the duration of the order. If a respondent is found in possession of a firearm while subject to a qualifying order, that possession is a separate criminal offense under both state and federal law. The court may include language in the order directing the respondent to surrender any firearms in their possession to law enforcement.
What happens if someone violates the order?
Violating a Missouri Order of Protection is a criminal offense under RSMo §455.085. A first violation is a Class A misdemeanor, punishable by up to one year in the county jail and a fine of up to $2,000. If the respondent has a prior conviction for violating a domestic violence order within the past five years, the charge is elevated to a Class E felony, which carries a potential sentence of up to four years in prison and a fine of up to $10,000.
Law enforcement officers in Missouri may make a warrantless arrest when they have probable cause to believe a protective order has been violated. This means you do not need to wait for a conviction before police can act. If someone violates the order, call 911 immediately. You should also document the violation (date, time, what happened, any witnesses) and report it to the court that issued the order, as the respondent may also be held in contempt of court in addition to facing criminal charges.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More Missouri Laws
- Missouri AI Meeting Recording Laws
- Missouri Alimony Laws
- Missouri At-Will Employment Laws
- Missouri Car Accident Laws
- Missouri Car Seat Laws
- Missouri Child Custody Laws
- Missouri Child Support Laws
- Missouri Common Law Marriage Laws
- Missouri Data Privacy Laws
- Missouri Divorce Laws
- Missouri Dog Bite Laws
- Missouri Emancipation Laws
- Missouri Expungement Laws
- Missouri Hit and Run Laws
- Missouri Landlord-Tenant Laws
- Missouri Lemon Laws
Sources
- RSMo Chapter 455 (Adult Abuse/Stalking Act), Missouri Revisor of Statutes
- RSMo §571.070 (Firearm possession prohibition), Missouri Revisor of Statutes
- Missouri Courts: Orders of Protection, Missouri State Courts
Related pages
For broader context on protective orders nationwide, visit the Restraining Order Laws by State hub. If you are documenting harassment or abuse in Missouri, see our guide on Missouri recording laws. For information on the use of force and self-defense in Missouri, see Missouri self-defense laws.
