A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Missouri Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
If you have lost an order of protection hearing, you have a statutory right to file an appeal. Once an appeal has been filed on your behalf, a transcript of the hearing will be ordered. Our Missouri order of protection appeals lawyers will then carefully scrutinize the transcript to form the basis of our appeal.
If the judge finds that there is an immediate and present danger of domestic violence, stalking, or sexual assault, an ex parte order of protection will be issued. It is effective when entered and shall remain in effect until there is a valid service of process and a hearing on the petition can be held.
In general civil and criminal appeals, the notice of appeal is filed with the clerk of the trial court no later than ten (10) days after the judgment becomes final. Rules 30.01(d) and 81.04(a).
A party seeking a temporary restraining order should provide evidence on the following factors to be considered by a Court: (1) threat of irreparable harm, (2) the balance between the harm and the injury that granting the injunction will inflict on any of the other parties, (3) the probability that the movant will ...
The Missouri Court of Appeals is the intermediate appellate court. It handles appeals from the circuit courts. That is, if a party loses at the circuit court and believes a mistake was made, that party may file an appeal.