Ex Parte Orders of Protection in Missouri

Ex parte orders of protection are one of the fastest, most urgent tools Missouri courts use to keep people and children safe when there is a real and immediate threat. This page explains how those temporary orders work, the low threshold judges apply when they are issued, how long an ex parte order can last, and what rights a person who is served with an order has to challenge it. 

Scrivner Law Firm is led by criminal defense attorney and former prosecutor Dayrell Scrivner, and our firm handles Order of Protection hearings across those counties.

What is an ex parte order of protection?

An ex parte order of protection is a short term, immediate court order entered without the other side being present. The word ex parte means the judge made the order based on what the petitioner told the court, without the respondent having a chance to respond first. The purpose is emergency protection. In Missouri the ex parte option exists so a judge can act quickly when someone or a child faces immediate danger and waiting for a full hearing would expose them to harm. The law that governs these emergency orders is part of the Missouri Domestic Violence Act. 

Ex parte orders are intentionally unilateral at the outset. They are not a final judgment. They temporarily create legal restrictions that can include no contact, staying away from a shared home, temporary custody or visitation adjustments for a protected child, and other conditions a judge finds necessary to prevent imminent harm. A judge will only keep an ex parte restriction in place until the case can be heard with both sides present. The court form used statewide makes clear that these orders are entered when the judge finds an immediate and present danger. 

How ex parte orders work in Missouri

Filing the petition and the judge’s review

A person seeking immediate protection files a verified petition with the clerk of the court. The judge reads the verified petition and supporting statements. If the petition alleges a present and immediate danger, the judge may sign an ex parte order the same day the petition is filed. The statutory language allows issuance whenever the petition shows good cause, and it identifies an immediate and present danger of domestic violence, stalking or sexual assault as the classic example of good cause. Ex parte orders take effect when the judge signs them. 

What protections an ex parte order can impose

Although ex parte orders are temporary, they can impose meaningful and enforceable commands. Typical provisions include restricting the respondent from contacting or coming near the petitioner, ordering the respondent to leave the shared residence, directing law enforcement to enforce the order, and in some cases requiring the respondent to surrender firearms. Judges may also enter temporary custody or visitation directions for the safety of a child. The specific language varies by county and judge, but the scope of possible relief is broad enough to address urgent safety needs. Practical court pages and advocacy resources explain that ex parte orders are designed to stop immediate threats until a full hearing can determine whether longer term relief is needed. 

Service, enforcement, and the full hearing

After an ex parte order is entered, the court will arrange for the respondent to be served with the order. Service puts the respondent on notice and makes the order enforceable by police. Under Missouri rules, a full evidentiary hearing is required, and the statute sets timelines intended to move that hearing forward promptly. The full hearing gives the respondent an opportunity to contest the petition and present evidence. Until the respondent is served and the hearing occurs, the ex parte order remains in effect.

The low threshold for issuance and why it matters

Ex parte orders are intentionally easy to obtain compared with a full order of protection. The judge does not apply the same burden of proof that will govern the full hearing. The standard for an ex parte order is generally whether the petition establishes good cause and an immediate danger requiring temporary relief. That lower threshold reflects the policy choice to prioritize safety and prevent imminent harm rather than resolve contested facts on the spot.

Because the order is entered without hearing the other side, courts expect the full hearing to follow quickly so a more complete record can be developed. The lower standard is not an indication of fault or guilt; it is a safety-focused procedural tool. That said, because ex parte orders are so powerful despite being temporary, courts also provide mechanisms to contest or modify them at the full hearing.

How long does an ex parte order last?

An ex parte order remains in effect from the moment it is entered until the respondent is properly served and a hearing on the petition has been held. Missouri law generally contemplates that the full hearing will take place promptly. The statute and local court practice often set a hearing within about 15 days after the petition, unless the court finds good cause to continue the hearing. The subsequent full order, if issued after a hearing, can last a minimum of 180 days and up to one year, with longer terms available where the court finds the respondent poses a serious danger. If a hearing on renewal cannot be held before the expiration of an existing full order, the court may issue another ex parte order to bridge the gap until a hearing can be held. 

In short, an ex parte order itself is temporary and meant to bridge the time until a hearing. The statutory framework protects both immediate safety and the right to a hearing on the merits within a short period of time.

Rights and options for a respondent who has been served

Being served with an ex parte order can be frightening and disruptive. Respondents have clear, practical rights at the next steps in the process.

First, service is required for enforcement. If you are served, do not ignore the order. Violation of an order of protection can result in criminal charges. You should contact an attorney promptly. You have the right to be present at the full hearing where the petitioner must prove the allegations by a preponderance of the evidence for the court to enter a full protective order. You have the right to present witnesses, to cross-examine the petitioner, and to submit documentary evidence that rebuts the petition. You or your attorney may also ask for continuances when appropriate, and you may file motions to dismiss or to modify the relief. Practical guides for Missouri courts explain those rights and outline the typical defenses and evidentiary steps a respondent can take. 

If a respondent believes the ex parte order was pursued in bad faith or based on false allegations, evidence can often be gathered quickly. Phone records, messages, eyewitness testimony and even surveillance can be persuasive at the full hearing. An attorney with local courtroom experience can help you focus on the evidence that matters, file the right pre-hearing motions, and make sure you have a fair opportunity to be heard.

What petitioners should know

For someone seeking protection, the ex parte option is a lifesaving tool when danger is immediate. The petitioner must submit a verified petition that describes the threatening behavior and explains why immediate relief is necessary. If the judge finds good cause, the ex parte order will issue and will remain in effect until the respondent is served and a hearing is held. Petitioners should be prepared to explain in detail why they need immediate protection and gather any supporting evidence for the upcoming full hearing. Court clerks and victim advocacy groups can often help with the procedural steps and with safety planning while the legal case moves forward. 

Common misconceptions and cautions

Many people assume that an ex parte order is proof of guilt. That is incorrect. An ex parte order is a temporary emergency remedy entered without hearing the respondent. It is not a final determination and does not equate to a conviction. On the other hand, respondents should not treat an ex parte order as trivial. Law enforcement enforces these orders, and violations can carry criminal consequences.

Another mistake is trying to handle service or timing informally. If you are a petitioner, make sure the order is served correctly and keep records of any violations. If you are a respondent, do not attempt to contact the petitioner in violation of the order even if you disagree with the allegations. The safest legal route is to prepare for the hearing and put evidence forward through counsel rather than through contact that could lead to criminal exposure. Advocacy and court resources across Missouri stress these practical cautions. 

Why local experience matters in Taney, Stone and Christian Counties

Order of Protection hearings are local events. Procedures vary by circuit, judges set hearing calendars differently, and local law enforcement has distinct practices for serving and enforcing orders. That local knowledge matters when timing, service, and emergency relief are at stake. Dayrell Scrivner brings decades of courtroom experience and years as a county prosecutor to bear on these cases. Whether you are a petitioner trying to obtain an order or a respondent seeking to challenge one, a lawyer who understands local practice, the evidence judges look for, and the interaction between civil protective orders and criminal charges can be a decisive advantage. Our firm handles Order of Protection hearings across Taney, Stone and Christian Counties and has experience moving quickly when safety and rights collide.

How Scrivner Law Firm can help

Scrivner Law Firm represents both petitioners and respondents in Order of Protection hearings. For petitioners we can help prepare a clear, verified petition, gather supporting evidence, and present an urgent case for temporary protection. For respondents we provide immediate counsel after service, help preserve evidence, and mount a focused defense at the full hearing. In many matters there is overlap with criminal charges, child custody questions, or property disputes. Our office routinely manages those cross-over issues so clients get coordinated advice rather than piecemeal guidance. We walk clients through what to expect, draft tailored pleadings, forcefully advocate in court when needed, and negotiate reasonable resolutions when appropriate. 

Practical next steps if you are involved in an Order of Protection matter

If you are a petitioner: document the threat, keep copies of messages and photographs, ask the clerk about the next hearing date, request safety planning resources, and consider legal representation to present a well-organized case at the full hearing.

If you are a respondent: do not contact the petitioner, document your whereabouts and any witnesses, preserve digital evidence, contact an attorney immediately, and prepare to present your side of the story at the hearing.

Both sides should keep copies of every court form, every communication with law enforcement, and every piece of evidence. These records matter at the hearing and can mean the difference between relief and dismissal.

Contact Scrivner Law Firm

If you need immediate help or want to discuss an Order of Protection matter in Taney, Stone or Christian County, call Scrivner Law Firm. Our office can explain options for petitioners and respondents, set up a prompt consultation, and, when necessary, move quickly to protect rights and safety. We understand how stressful these cases are and we will give straightforward advice based on local practice and the governing statutes.