Orders of Protection and Domestic Violence Charges

When domestic violence allegations surface, they often create two separate but overlapping legal tracks. One track is the civil process of an order of protection, sometimes referred to as a restraining order. The other track is the criminal justice process that involves arrests, charges, and potential prosecution for crimes such as domestic assault, harassment, or stalking. These tracks frequently interact and can influence one another in important ways. At Scrivner Law Firm, we represent both petitioners and respondents in Taney, Stone, and Christian Counties, and we understand how these parallel proceedings can shape outcomes in both civil and criminal court. Dayrell Scrivner, a seasoned trial lawyer and former prosecutor with more than three decades of legal experience, leads the firm and brings valuable insight into how prosecutors evaluate domestic violence allegations.

Understanding Orders of Protection in Missouri

Orders of protection are civil remedies available under the Missouri Domestic Violence Act. A petitioner may request protection if they believe they are at risk due to domestic violence, stalking, sexual assault, or harassment. Courts can issue an ex parte order on a temporary basis if the petitioner shows immediate danger. These temporary orders are granted quickly and without the respondent present, which means the threshold for issuance is low. A full order of protection is issued only after a hearing where both sides have the opportunity to present evidence. Judges grant a full order when they find by a preponderance of the evidence that abuse, harassment, or stalking occurred. The order can remain in place for months or years depending on the circumstances.

Domestic Violence as a Criminal Charge

Domestic violence is not just a civil matter. In Missouri, domestic assault charges can range from misdemeanors to serious felonies depending on the facts. Conduct that supports a civil protective order, such as striking a partner, threatening harm, or engaging in coercive control, may also meet the elements of a criminal offense. Police officers who respond to a domestic dispute often investigate whether probable cause exists for arrest. If charges are filed, a prosecutor will evaluate the same set of events that may already be the subject of a protective order. The overlap means that testimony in a civil hearing can later be used in a criminal case, and evidence gathered by police can influence the judge in a civil proceeding.

How Civil and Criminal Proceedings Influence Each Other

The overlap between protective order hearings and criminal domestic violence cases is significant. In a civil protective order hearing the petitioner must show abuse by a preponderance of the evidence, which means more likely than not. This is a lower burden than in a criminal case where prosecutors must prove guilt beyond a reasonable doubt. As a result, a protective order may be granted even if criminal charges are never filed or even if a criminal jury later acquits the accused. However, the existence of a civil order may impact how prosecutors pursue criminal charges. For example, a judge’s finding that abuse occurred can strengthen a prosecutor’s confidence in moving forward with a criminal case. Conversely, if a protective order is denied after a hearing, a prosecutor may view the criminal case as weaker.

The Role of Evidence in Both Courts

Evidence is the backbone of both civil protective order hearings and criminal domestic violence cases, but the way courts handle that evidence is very different. In civil protective order hearings, judges often consider a wide range of materials, including personal testimony, photographs of injuries or property damage, medical records, police reports, text messages, emails, and even social media posts. Because these proceedings are designed to move quickly in order to provide protection when needed, the rules of evidence are not as rigid as in a criminal trial. Judges have discretion to admit evidence that might not otherwise survive strict scrutiny, and they often place significant weight on the credibility of each witness. A petitioner’s consistent, detailed account of events can be highly persuasive even if the evidence is not as thoroughly developed as what would be required in a criminal court.

By contrast, criminal trials impose very strict evidentiary standards to protect the constitutional rights of the accused. Evidence must be relevant, reliable, and obtained lawfully. Hearsay is generally not admissible, and prosecutors must establish foundation and authenticity for every exhibit. The stakes are higher in criminal cases, because the accused faces the possibility of incarceration and a permanent criminal record. Importantly, statements made during a civil protective order hearing can later be subpoenaed and introduced by the prosecution in a related criminal trial. That means a respondent who chooses to testify in the civil hearing may inadvertently create damaging admissions that prosecutors use against them later. For this reason, legal counsel is essential to evaluate whether testifying is in the respondent’s best interest and to prepare for how the evidence in one courtroom may echo in another.

Arrests for Violating Protective Orders

The legal consequences do not end once a protective order is granted. In Missouri, violating the terms of a protective order is itself a criminal offense. State law authorizes law enforcement officers to make arrests when they have probable cause to believe an order has been violated. This does not require the officer to witness the violation directly. A report from the petitioner, backed by circumstantial evidence such as text messages or call logs, can be enough to justify an arrest.

The restrictions contained in a protective order can vary, but they often include prohibitions against contacting the petitioner in any form, entering the petitioner’s residence or workplace, or coming within a specified distance of the petitioner. Even minor or seemingly harmless contact, such as sending a brief message or showing up uninvited in a public space, can constitute a violation. Importantly, the violation does not need to involve physical harm or threats for it to result in criminal charges. A simple text message sent in defiance of a no-contact provision can be enough to support an arrest and prosecution.

Penalties for violating protective orders escalate with repeated offenses. A first violation may be charged as a misdemeanor, but subsequent violations can be elevated to felony status, carrying more severe consequences including significant jail time. These additional charges can compound the difficulties for respondents who are already navigating the challenges of a civil order and possible domestic violence prosecution.

Firearm Restrictions and Federal Law

A full order of protection carries not only state-level restrictions but also potential federal consequences. Under Section 922(g)(8) of Title 18 of the United States Code, it is unlawful for any individual subject to a qualifying protective order to possess firearms or ammunition. To qualify under this statute, the order must specifically restrain the respondent from harassing, threatening, or engaging in conduct that places an intimate partner or child in fear of injury. The order must also have been issued after the respondent was given notice of the proceedings and an opportunity to be heard, ensuring due process.

Once the order is in place, the firearm prohibition applies immediately and remains in effect for the duration of the protective order. This means that respondents who lawfully owned firearms before the order was granted must surrender them or otherwise dispose of them for as long as the order is active. Violating this federal prohibition is a serious offense that can lead to federal criminal charges, separate from any state prosecution. Federal penalties often include substantial fines and potential prison sentences.

The firearm restrictions imposed by a protective order present unique challenges for respondents who rely on firearms for work, such as law enforcement officers, security personnel, or hunters who depend on firearms for their livelihood. Compliance is mandatory, and attempts to conceal possession can make matters much worse. Understanding the intersection between state protective orders and federal firearm laws is critical for avoiding unintended violations.

Defense Considerations in Overlapping Cases

For respondents facing both a protective order hearing and a criminal charge, strategy must account for both tracks. What is said in the civil case can affect the criminal case. A respondent may choose not to testify in a civil hearing to avoid creating incriminating evidence, but silence can sometimes be viewed unfavorably in the protective order context. Lawyers must balance the risk and design a strategy that protects the client’s criminal defense while also addressing the civil allegations. Petitioners also benefit from skilled representation, as their credibility in a protective order hearing can influence prosecutors’ charging decisions. A carefully documented record of abuse helps prosecutors secure convictions and can protect victims from retaliation.

Long-Term Consequences of Findings in Protective Order Cases

When a judge finds that domestic violence occurred and issues a full order of protection, the consequences extend beyond the order’s expiration date. Such findings can influence future custody disputes, employment decisions, and licensing matters. They can also appear in background checks. In criminal proceedings, a history of protective orders may be used to demonstrate a pattern of conduct. For petitioners, an order of protection provides a paper trail that can assist in enforcing child custody and in accessing resources for victims of domestic violence. For respondents, the long-term stigma can be difficult to overcome even if no criminal conviction results.

How Scrivner Law Firm Assists Clients

Scrivner Law Firm represents both sides of these difficult cases. For petitioners, we help prepare evidence, organize testimony, and present a strong case for protection. For respondents, we defend against false or exaggerated claims and ensure that rights are protected in both civil and criminal court. Dayrell Scrivner’s background as a prosecutor provides unique insight into how criminal charges are pursued and how protective order hearings can impact those charges. We focus on protecting our clients’ safety, liberty, and future while navigating the complex intersection of civil and criminal law.

Moving Forward With Legal Guidance

The overlap between orders of protection and domestic violence charges means that what happens in one courtroom can echo in another. Petitioners need to understand how their testimony may be used in criminal prosecutions, and respondents must recognize that defending themselves requires careful strategy in both arenas. The consequences of mistakes are serious, ranging from loss of custody to federal firearms charges. With experienced counsel, however, it is possible to navigate both processes in a way that protects rights and promotes safety. If you are involved in an order of protection hearing or facing domestic violence charges in Taney, Stone, or Christian County, contact Scrivner Law Firm to discuss your options and begin preparing today.