Emergency protection before the full hearing
For crisis lines, shelters and after-hours filing locations in St. Louis County, St. Louis City, St. Charles County and Jefferson County, see our Domestic Violence Corner.
An ex parte order of protection in Missouri is a temporary, emergency order a judge can enter the same day a petition is filed, before the other person has any chance to respond.
The short answer. The judge can grant an ex parte order when the petition shows an immediate and present danger of domestic violence, stalking or sexual assault. It takes effect as soon as it is entered and lasts until the respondent is served and a full hearing is held, which is usually within about 15 days. It can order no contact, require the respondent to stay out of a shared home, and set temporary custody of children and pets.
This page explains how to file for an ex parte order, what the judge has to find, what the order can and cannot do, and what to do in the first days if you have been served with one. For the full Missouri process, including what the judge must find at the full hearing and how long full orders last, see our St. Louis domestic violence and order of protection guide.
How to File an Ex Parte Order of Protection in Missouri
You ask for an ex parte order on the same form you use to ask for a full order. The Missouri Petition for Order of Protection includes a section where you explain why there is an immediate danger and check the emergency protections you are requesting.
Go to the right court
You can file in the county where you live, where the abuse happened, or where the respondent can be served (RSMo 455.015). There is no filing fee, court cost or bond for the petitioner (RSMo 455.027). Each St. Louis area county also has a process for nights, weekends and holidays. In St. Louis County, for example, any police department can contact the on-call judge. Our Domestic Violence Corner lists the filing office, hours and after-hours route for each county.
Describe what happened, specifically
The petition asks what the respondent did, with the most recent dates, and why you are afraid right now. “They harass me” gives a judge very little to act on. A judge reading “On March 3, my ex followed my car home and said I would never see the kids again” can see the danger.
Protect your address if you need to
You are not required to reveal your current address on the petition, and you can decline to give a mailing address if disclosing it would endanger you or your household (RSMo 455.030.3). The respondent receives a copy of the petition when served.
The judge decides from the petition alone
No one testifies at this stage. If the judge grants the order, it takes effect immediately and lists the date, time and courtroom for the full hearing.
Just filed, or just been served? Find out what an ex parte order means for you.
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What the Judge Has to Find
Under RSMo 455.035, a judge may issue an ex parte order “for good cause shown in the petition.” The statute says that an immediate and present danger of domestic violence to the petitioner, or to a child on whose behalf the petition is filed, is good cause. Two consequences follow.
The danger has to be present
The petition has to show present danger, not just that bad things happened at some point. Recent, specific incidents matter.
The petitioner has to be eligible
If the petitioner is not someone the Act protects under RSMo 455.020, the court must deny the ex parte order and dismiss the petition. In general, eligible petitioners are victims of domestic violence by a family or household member, or victims of stalking or sexual assault by anyone.
What an Ex Parte Order Can Include
Under RSMo 455.045, an ex parte order can do any of these.
The standard Missouri form also lets the judge order the respondent to stay away from the petitioner’s work or school, or a set distance from the petitioner.
Child support, maintenance, rent or mortgage payments and similar financial relief are part of the full order the court can enter after the hearing, not the emergency order. And if a custody order already exists or a custody case is pending, the Missouri forms note that a protection order cannot change that custody arrangement. Custody questions in that situation stay with the existing case.
Child ex parte orders have a special custody rule. See child orders of protection. If a child is in danger, see emergency custody in Missouri.
How Long an Ex Parte Order Lasts
An ex parte order is in effect from the moment it is entered until the respondent has been validly served and the hearing has been held (RSMo 455.035.1).
Nobody should face an ex parte order without understanding their options.
That is why Bardol Law Firm handles family law and nothing else. We spend every day in these courts, and we explain things in plain English. So we built a one-hour strategy session with you, an experienced attorney, and your actual case, with clear next steps by the end.
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If You Have Been Served With an Ex Parte Order
This is the most common reason people search for this topic, and the first few days matter more than anything that comes after.
Read the order closely
The standard Missouri ex parte form contains five things you need to find.
The finding
The judge found an immediate and present danger, or other good cause, based on the petition. That is a finding from the petition alone, not a decision that the allegations are true.
The checked prohibitions
Only the boxes the judge checked apply, such as no contact, stay away from the home, work or school, a distance limit, or other terms.
Custody and pets
Any temporary custody or pet possession the judge ordered until the hearing.
The hearing date, time and courtroom
Write it down now.
The Notice to Respondent
A list of what the court can order at the full hearing if it rules for the petitioner, “whether you appear or not.” That includes custody, visitation, child support, maintenance, rent or mortgage payments, counseling and attorney’s fees. The form also warns that a full order could last up to the respondent’s lifetime.
Follow it exactly, even if you believe it is false
That includes contact through friends, family members or children, and a single text or social media message. The standard Missouri full order form states that it is “no defense” for a respondent to contact the petitioner in response to the petitioner’s own attempt to make contact, and that only the court can change an order. The same caution applies to an ex parte order. If the petitioner reaches out, do not respond.
If the order requires you to leave a shared home, do not go back for belongings on your own. Ask the court or the local police department how to retrieve essentials safely and lawfully.
Do not miss the hearing
If you do not appear, the court can enter a full order based on the petitioner’s evidence alone.
In C.R.S., the father was served with an ex parte order in Texas and did not attend the hearing. The court entered a full order that gave the mother sole custody and child support, with automatic renewal. He did not object to the renewal, so the order renewed. More than a year later, he tried to appeal, and the court of appeals dismissed the appeal as untimely. A judgment generally becomes final 30 days after it is entered, and the notice of appeal is due within 10 days after that.
The lesson is simple. The full hearing is your opportunity to be heard, and the deadlines after it are short.
Know your options at the hearing
Contest the petition
The petitioner must prove the allegations by a preponderance of the evidence at the hearing. Missouri’s appeals courts have repeatedly reversed full orders where the evidence did not meet the statute’s requirements. The allegations in the petition are not evidence on their own, and the petitioner has to prove them with testimony and exhibits (C.M.M. v. A.M.C. and J.R.C. v. S.L.F., 686 S.W.3d 673). Our order of protection guide explains what each ground requires.
Agree to a consent order
The standard Missouri form for a consent judgment states that the respondent’s consent “is not to be considered an admission that the allegations contained in the Petition are true.” Some respondents choose this to avoid a contested hearing, sometimes with negotiated terms. It is still a full order with real consequences, so get advice before agreeing.
Ask for a continuance
If you need time to hire a lawyer or gather evidence, you can ask the court to continue the hearing. The ex parte order generally stays in effect in the meantime.
Be careful about what you say
Testimony at the hearing is given under oath and on the record. If police were involved or criminal charges are possible, talk to a lawyer before you testify or give any written statement.
What is at stake
A full order can affect where you live, custody and parenting time, your job and professional licenses, and your firearm rights. The standard Missouri full order form includes a federal firearm prohibition for qualifying orders entered after notice and a hearing, and it requires surrender of a Missouri concealed carry permit. An ex parte order is the first step toward that hearing, so treat it seriously from day one.
Your First 48 Hours After Being Served, a Checklist
- Read every page, and note the hearing date, time and courtroom.
- Stop all contact the order prohibits, including through other people and social media.
- If you must leave the home, arrange to retrieve essentials through the court or police.
- Save every relevant message, call log and social media post, and do not delete anything.
- Write down your account of each incident in the petition while it is fresh.
- List witnesses who know what actually happened.
- If criminal charges are possible, talk to a lawyer before giving any statement.
- Contact a family law attorney, especially if custody, a shared home or a divorce is involved.
One hour. Your ex parte order. A plan you can use.
For $300, sit down one-on-one with an experienced Bardol Law Firm family law attorney. We will dig into your specific situation, explain your rights and options in plain English, and map out practical next steps. This is a working strategy session, not a sales pitch, and you leave with real value whether or not you hire us.
$300 · One full hour with an attorney · No obligation to retain our firm
If You Are the Petitioner, After the Ex Parte Order Is Entered
Violating an Ex Parte Order
Violating an order of protection, including an ex parte order, is a crime under RSMo 455.085. A violation is a class A misdemeanor, and a class E felony if the person has pleaded guilty to or been found guilty of violating an order of protection within the previous five years. The warning printed on the Missouri form, up to four years in prison and a $10,000 fine, reflects that felony maximum.
How Bardol Law Firm Helps With an Ex Parte Order of Protection
If you need emergency protection
We help you prepare a specific, well supported petition, file it in the right court, and prepare for the full hearing that follows. We also address custody, the home and any divorce that comes next.
If you have been served
We review the order and petition, help you comply while you contest it, gather your evidence and witnesses, and represent you at the hearing. When a consent order makes sense, we negotiate its terms. If criminal charges are pending, we coordinate with your criminal defense attorney.
If your hearing is only days away, tell us when you contact the firm. Free representation may also be available through the programs listed on our Domestic Violence Corner.
Not sure how this applies to your situation?
Bardol Law Firm handles family law and nothing else, in St. Louis County, St. Louis City, St. Charles County and Jefferson County. We return calls from potential clients as quickly as possible, and usually within minutes.
Frequently Asked Questions About Ex Parte Orders of Protection in Missouri
How long does an ex parte order of protection last in Missouri?
Until the respondent is validly served and the full hearing is held. The hearing is generally set within 15 days of filing, but it can be continued for good cause, and the ex parte order usually stays in effect until the hearing happens.
Can I fight an ex parte order before the hearing?
The ex parte order is based on the petition alone, and the full hearing is where your side is heard. Until then, follow the order exactly. Use the time before the hearing to prepare your evidence and get legal advice.
Can I go back to my house if I have been served with an ex parte order?
Not if the order prohibits you from entering the home, even if you own it or are on the lease. Ask the court or local police how to retrieve essentials lawfully.
What if the petitioner contacts me?
Do not respond if the order prohibits contact. Missouri’s standard order forms state that it is no defense to contact the petitioner in response to the petitioner’s own contact, and that only the court can change an order.
Can the petitioner drop an ex parte order?
The petitioner can ask the court to dismiss the case, but until the court acts, the order remains in effect. If the petitioner does not appear at the hearing, the judge may dismiss the case. An informal agreement between the parties does not change the order.
Does an ex parte order give me custody of my children?
It can award temporary custody until the hearing, if no custody order already exists and no custody case is pending. If one does, the protection order generally cannot change that existing arrangement.
This page provides general information about Missouri law and is not legal advice. Every situation is different, and outcomes depend on the specific facts. Reading this page does not create an attorney-client relationship. If you are in immediate danger, call 911.
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