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How do I get a restraining order in Missouri?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Missouri's Orders of Protection are governed by the Adult Abuse Act.

1. Types of Protective Orders

  • Adult Order of Protection (Ex Parte / Full) — Mo. Rev. Stat. §§ 455.010-.085.
  • Child Order of Protection — §§ 455.500-.538 (filed on behalf of a minor).
  • Stalking/Sexual Assault Order — covered within Adult Abuse Act (§ 455.010 includes stalking and sexual assault).
  • No standalone workplace violence statute — pursued through Rule 92 injunction.
  • Extreme Risk Order — Missouri has no red-flag law.

    • 2. Eligibility

    Adult Order of Protection available to "adult who has been subject to domestic violence" (§ 455.010): spouse, former spouse, related by blood/marriage, persons formerly or currently residing together, persons with a child in common, present or former romantic/intimate relationship. Stalking and sexual assault victims need no relationship.

    3. Filing

    File in Circuit Court of the county where petitioner or respondent resides, or where abuse occurred. No filing or service fee (§ 488.5346(2)). Statewide forms via Missouri Courts website (CAFC101).

    4. Emergency / Ex Parte

    Same-day review. Standard: "immediate and present danger of abuse" (§ 455.035). Ex parte order lasts up to 15 days until full hearing.

    5. Full Hearing

    Preponderance standard. Respondent personally served. Both parties present testimony, exhibits, witnesses; cross-examination allowed.

    6. Permanent Order Duration

    Initial full order valid for 180 days to 1 year (§ 455.040(1)); may be renewed for additional 180 days to 1 year periods, and after one renewal may be renewed for any period up to life (§ 455.040(1)).

    7. Enforcement

    Violation is Class A misdemeanor under § 455.085 (up to 1 year jail and $2,000 fine); Class E felony if second violation within 5 years or with weapon. Arrest mandatory on probable cause (§ 455.085(3)). Federal firearm prohibition under 18 U.S.C. § 922(g)(8); concealed carry permit revocation per § 571.101.

    8. Modification / Termination

    Either party may motion to modify under § 455.060; court evaluates safety and changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent contests the 15-day hearing with counsel
    • Custody, child support, or possession of the residence is at issue
    • CCW permit or law-enforcement firearm authority is at stake
    Related Statutes & Laws
    • Mo. Rev. Stat. §§ 455.010-.085
    • Mo. Rev. Stat. § 455.040
    • Mo. Rev. Stat. § 571.101
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.