Missouri
Missouri Restraining Order Laws (2026): How to Get an Order of Protection
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
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 §455.015 (venue). You may file in the county where you reside, where the alleged incident occurred, or where the respondent may be served, 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 not later than 15 days after filing, absent good-cause continuance; respondent served at least 3 days before) |
| 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
The federal firearms ban at (g)(8) applies automatically to any qualifying final Order of Protection issued after notice and a hearing, prohibiting the respondent from possessing a firearm or ammunition. RSMo §571.070 is a separate Missouri statute that criminalizes firearm possession by convicted felons, fugitives, habitually intoxicated persons, and persons adjudged mentally incompetent; it does not itself address Orders of Protection.
If a respondent is found in possession of a firearm while subject to a qualifying order, that possession is a separate criminal offense under 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.
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.
More Missouri Laws
Frequently Asked Questions
How do I get a restraining order in Missouri?
File a petition for an Order of Protection with the Circuit Court in the county where you live, where the respondent lives, or where the abuse occurred. If the judge finds immediate danger, the Ex Parte Order of Protection is issued the same day. There is no filing fee.
How long does a restraining order last in Missouri?
A Full Order of Protection lasts a minimum of 180 days and a maximum of one year in standard cases. If the court makes specific written findings that the respondent poses a serious danger to you or a minor household member, the initial order can last from two years up to ten years. Under RSMo 455.040, if that serious-danger order is renewed and the court again finds serious danger, the renewed order may last up to the life of the respondent.
How much does a restraining order cost in Missouri?
Filing for a domestic violence Order of Protection is free. Under the federal Violence Against Women Act, courts cannot charge a filing fee or a service fee to a petitioner seeking protection from domestic violence.
Can I get a restraining order in Missouri without a police report?
Yes. A police report is not required to file a petition for an Order of Protection in Missouri. You can file based on your own sworn account of the abuse, stalking, or sexual assault.
Does a restraining order take away gun rights in Missouri?
Yes. A qualifying Missouri Order of Protection triggers the federal firearms ban at 18 U.S.C. 922(g)(8), which prohibits the respondent from possessing a firearm or ammunition for the duration of the order.
What happens if the abuser violates the order?
A first violation is a Class A misdemeanor under RSMo 455.085 (up to one year in jail and a fine up to $2,000). A prior violation within five years elevates the offense to a Class E felony. Call 911 immediately and document the violation.
What is the difference between an Ex Parte Order of Protection and a Full Order of Protection in Missouri?
The Ex Parte Order of Protection is issued the same day you file, without the respondent present, when there is immediate danger. It lasts only until the court hearing. The Full Order of Protection is issued after a hearing where both sides participate and lasts between 180 days and one year (or up to ten years if serious danger is found).
Updates
Corrected the timing of Missouri's full protective-order hearing: the 15-day statutory deadline runs from when the petition is filed, not from when the respondent is served.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Fixed the Order of Protection venue citation: RSMo 455.020 is the standing/statewide-effect statute with no venue language, the actual venue rule (county of residence, incident, or where respondent may be served) is RSMo 455.015.
Governing law re-checked for recent changes
Removed the fabricated attribution of a state-level firearm prohibition, CCW-endorsement suspension, and MULES/NCIC registry entry to RSMo §571.070 (whose actual text covers only felons, fugitives, intoxicated persons, and the mentally incompetent, with no mention of protective orders); the federal firearms ban at 18 U.S.C. §922(g)(8), which the article already correctly cites, is the only confirmed source of the firearm prohibition on this page.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XXX (DOMESTIC RELATIONS), Chapter 455
§ 455.010Definitions.In forcecited in 3 of our articles
As used in this chapter, unless the context clearly indicates otherwise, the following terms shall mean: (1) "Abuse", includes but is not limited to the occurrence of any of the following acts, attempts or threats against a person who may be protected pursuant to this chapter, except abuse shall not include abuse inflicted on a child by accidental means by an adult household member or discipline of a child, including spanking, in a reasonable manner: (a) "Abusing a pet", purposely or knowingly causing, attempting to cause, or threatening to cause physical injury to a pet with the intent to control, punish, intimidate, or distress the petitioner; (b) "Assault", purposely or knowingly placing or attempting to place another in fear of physical harm; (c) "Battery", purposely or knowingly causing physical harm to another with or without a deadly weapon; (d) "Coercion", compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage; (e) "Harassment", engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 60 court opinionsMost recently applied by a court: 2025
Leading cases:
- E.A.B. v. C.G.W. (Missouri Court of Appeals 2013, 415 S.W.3d 795)“…at person’s situation to have been alarmed by the conduct.” Mo.Rev.Stat. § 455.010(13). The legislature further defined “s…”
- In the Interest of K.A.W. (Supreme Court of Missouri 2004, 133 S.W.3d 1)“…c abuse, including but not limited to, abuses as defined in section 455.010, RSMo, child abuse or drug abuse before the c…”
- In the Interest of M.D.R. (Supreme Court of Missouri 2004, 124 S.W.3d 469)“…c abuse, including but not limited to, abuses as defined in section 455.010, RSMo, child abuse, or drug abuse before the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri Voyeurism Laws: Hidden Cameras, Penalties, and Privacy Protections, Missouri Name Change Laws: How to Legally Change Your Name
§ 455.015Venue.In force
The petition shall be filed in the county where the petitioner resides, where the alleged incident of domestic violence occurred, or where the respondent may be served.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 2 court opinionsMost recently applied by a court: 2000
Leading cases:
- Beckers v. Seck (Missouri Court of Appeals 2000, 14 S.W.3d 139)“…of the appellant, review in Jackson County was proper under § 455.015, RSMo 1994. Respondent has filed this…”
- State ex rel. Patrick v. Kidd (Missouri Court of Appeals 1982, 631 S.W.2d 666)“…dent occurred, or where the responding party may be served. Section 455.015, RSMo.Supp.1980. Under § 455.025, it is the d…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 455.040Hearings, when — duration of orders, renewal, requirements — copies of orders to be given, validity — duties of law enforcement agency — information entered in MULES — objection, personally served.In force
1. (1) Not later than fifteen days after the filing of a petition that meets the requirements of section 455.020, a hearing shall be held unless the court deems, for good cause shown, that a continuance should be granted. At the hearing, if the petitioner has proved the allegation of domestic violence, stalking, or sexual assault by a preponderance of the evidence, and the respondent cannot show that his or her actions alleged to constitute abuse were otherwise justified under the law, the court shall issue a full order of protection for a period of time the court deems appropriate, and unless after an evidentiary hearing the court makes specific written findings that the respondent poses a serious danger to the physical or mental health of the petitioner or of a minor household member of the petitioner, the protective order shall be valid for at least one hundred eighty days and not more than one year. If, after an evidentiary hearing, the court makes specific written findings that the respondent poses a serious danger to the physical or mental health of the petitioner or of a minor household member of the petitioner, the protective order shall be valid for at least two years…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 21 court opinionsMost recently applied by a court: 2021
Leading cases:
- Grist v. Grist (Missouri Court of Appeals 1997, 946 S.W.2d 780)“…rt lost jurisdiction of the matter on January 7 pursuant to RSMo § 455.040. This provision requires a hearing on t…”
- Ehrhart v. Ehrhart (Missouri Court of Appeals 1989, 776 S.W.2d 450)“…the court failed to hold a “hearing” within the meaning of RSMo § 455.040 (1986). We reverse and remand for a new…”
- Jenkins v. Jenkins (Missouri Court of Appeals 1990, 784 S.W.2d 640)“…r, extending a Full Order of Protection, issued pursuant to § 455.040, RSMo 1986. 1 The judgment is affirmed. Ap…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 455.085Arrest for violation of order — penalties — good faith immunity for law enforcement officials.In force
1. When a law enforcement officer has probable cause to believe a party has committed a violation of law amounting to domestic violence, as defined in section 455.010, against a family or household member, the officer may arrest the offending party whether or not the violation occurred in the presence of the arresting officer. When the officer declines to make arrest pursuant to this subsection, the officer shall make a written report of the incident completely describing the offending party, giving the victim's name, time, address, reason why no arrest was made and any other pertinent information. Any law enforcement officer subsequently called to the same address within a twelve-hour period, who shall find probable cause to believe the same offender has again committed a violation as stated in this subsection against the same or any other family or household member, shall arrest the offending party for this subsequent offense. The primary report of nonarrest in the preceding twelve-hour period may be considered as evidence of the defendant's intent in the violation for which arrest occurred. The refusal of the victim to sign an official complaint against the violator shall…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 43 court opinionsMost recently applied by a court: 2023
Leading cases:
- State Ex Rel. Williams v. Marsh (Supreme Court of Missouri 1982, 626 S.W.2d 223)“…The Adult Abuse Act, S.B. 524, (codified at §§ 455.010 to 455.085, RSMo Supp.1980) was adopted by the Missouri…”
- State Ex Rel. Sanders v. Sauer (Supreme Court of Missouri 2006, 183 S.W.3d 238)“…anceled, suspended, or revoked is a class A misdemeanor) and 455.085, RSMo (violation of the terms of a civil prot…”
- State v. Cooper (Missouri Court of Appeals 1994, 871 S.W.2d 92)“…1 and violation of an order of protection, § 455.045 and § 455.085, RSMo Supp.1991. He appeals only from the con…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Revised Statutes of Missouri, Title XXXVIII (CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS), Chapter 571
§ 571.070Possession of firearm unlawful for certain persons — penalty — exception.In force
1. A person commits the offense of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and: (1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a felony; or (2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent. 2. Unlawful possession of a firearm is a class C felony, unless a person has been convicted of a dangerous felony as defined in section 556.061, or the person has a prior conviction for unlawful possession of a firearm in which case it is a class B felony. 3. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 66 court opinionsMost recently applied by a court: 2026
Leading cases:
- State v. Jackson (Missouri Court of Appeals 1997, 948 S.W.2d 138)“…encing for the unlawful possession of a coneealable weapon, Section 571.070 RSMo 1994. Section 571.070 RSMo 1994, in r…”
- State v. Rogers (Missouri Court of Appeals 1988, 753 S.W.2d 607)“…nlawful possession of a concealable firearm in violation of § 571.070 RSMo 1986. The trial court found appellant t…”
- State of Missouri v. Arizona Hall, Jr. (Missouri Court of Appeals 2015, 472 S.W.3d 207)“…convicted of a felony under the laws of this state . . . .” Mo. Rev. Stat. § 571.070.1(1). 3 Section 571.070 in effect at…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
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Sources and References
- RSMo Chapter 455 (Adult Abuse/Stalking Act)(revisor.mo.gov).gov
- RSMo §571.070 (Unlawful possession of a firearm by certain persons - felons, fugitives, intoxicated or mentally incompetent persons)(revisor.mo.gov).gov
- Missouri Courts: Orders of Protection(courts.mo.gov).gov