Domestic violence is a serious topic. At our firm, we have the privilege of helping victims and those wrongly accused of abuse through the Court system. Every client who works with a St. Louis domestic violence lawyer at our firm is treated with respect and the appropriate level of seriousness. While some may say business isn’t personal, the attorneys at our firm do take it personally because we are talking about your family and your safety.
Domestic violence comes in all shapes and sizes. It is important to understand the process and the nuances of this topic.
Understanding the Many Forms of Domestic Abuse
Domestic violence encompasses much more than physical harm. At our firm, we recognize the various ways abuse can manifest within family or household relationships:
- Physical Abuse: This includes hitting, pushing, slapping, choking, or any unwanted physical contact that causes harm or injury. Physical abuse often leaves visible marks but can also cause internal injuries that aren’t immediately apparent.
- Emotional/Psychological Abuse: Involving tactics like constant criticism, humiliation, intimidation, and isolation that damage the victim’s self-worth and mental health. This type of abuse can be particularly difficult to document but is no less harmful.
- Financial Abuse: When an abuser controls access to economic resources, prevents the victim from working, ruins their credit, or creates financial dependence. Financial abuse often makes it harder for victims to leave abusive situations.
- Verbal Abuse: Persistent name-calling, threats, and degrading language aimed at diminishing the victim’s sense of self.
- Coercive Control: A pattern of behavior that seeks to strip away the victim’s autonomy and freedom through rules, regulations, and restrictions.
- Stalking: Unwanted surveillance and persistent following, whether in person or digitally, causing reasonable fear for safety.
- Sexual Abuse: Any non-consensual sexual activity, including marital rape, which is recognized as a crime in Missouri.
Our St. Louis domestic violence attorneys understand these complex dynamics and provide compassionate representation regardless of which form of abuse you’ve experienced.
Order of Protection or Restraining Order in St. Louis
Most people have heard of the phrase “restraining order.” When they think of that phrase, though, as it relates to domestic violence, they are actually thinking of the wrong phrase. The Court action that actually provides protection to abuse victims is an “order of protection.”
An order of protection is a court order that details the terms of the relationship between a victim and his or her abuser. This can include how much communication the abuser can have with the victim, how close he or she can come to the victim, and whether or not the abuser can own a gun, among other things.
How to Get an Order of Protection in Missouri
Domestic violence is defined in Missouri as any effort to terrorize, attack, coerce, harass, assault sexually, stalk, abduct or detain another family or household member. You have options, which include filing for any of the following:
- Full Order of Protection
- Ex Parte Order of Protection
- Adult Order of Protection
- Child Order of Protection
- Out-of-State Order of Protection
People often use “restraining order” and “order of protection” to mean the same thing, and a restraining order lawyer in St. Louis will hear both every week. In Missouri they are not the same. An order of protection is the Chapter 455 remedy for abuse, stalking and sexual assault. A restraining order is a different civil remedy that comes out of an ordinary lawsuit and is not the tool for a domestic situation. They are like a legal stop sign forbidding the offending family member from further physical or emotional harassment. Violating an order of protection is an act of contempt against the court. It has proved an effective defense for many thousands of families. If the problem persists for a long period of time, you can file for:
If you are facing violent situations at home, contact our domestic violence law firm. We assist victims of domestic violence throughout the St. Louis area.
Missouri Domestic Violence Charges and Penalties
Missouri law categorizes domestic assault into different degrees based on severity:
- Domestic Assault First Degree: The most serious charge, involving attempts to kill or cause serious physical injury to a family or household member. This Class B felony carries 5-15 years in prison but can be enhanced to a Class A felony (10-30 years or life) if serious injury occurs.
- Domestic Assault Second Degree: Involves knowingly causing physical injury through various means, including reckless behavior that creates grave risk. As a Class C felony, penalties include 3-10 years imprisonment and fines up to $10,000.
- Domestic Assault, Third Degree: This covers creating a risk of injury or causing fear of physical harm. This Class E felony carries up to 4 years imprisonment and fines up to $10,000, though first offenses may be treated as Class A misdemeanors (up to 1 year jail time).
- Domestic Assault Fourth Degree: The least severe charge, involving attempts to cause physical injury, negligent injury with a weapon, or placing someone in reasonable fear of injury. This Class A misdemeanor carries up to 1 year in jail and $2,000 in fines.
Multiple convictions for domestic violence offenses can lead to enhanced penalties and permanent consequences, including loss of firearm rights and professional licensure issues. Our attorneys are experienced in defending against these charges and protecting the rights of those wrongfully accused.
How Can a St. Louis Domestic Violence Lawyer Help?
We help you take the first step to protecting yourself and your family and then we are with you each step thereafter. The first thing we can do is walk you through the process of filing the Order of Protection.
We represent many abuse victims and know how the Petition for an Order of Protection needs to be completed to give you a better chance of the Order being granted. If you do not properly fill out the Petition, it could limit your case and hurt your argument at the hearing.
Once your case is set for a hearing, we can represent you in Court and help you present it. This would include presenting evidence, cross-examining witnesses, and advocating to the Judge. Many evidentiary rules can be applied to the case, and we can help you navigate those rules.
Providing Important Advice to Victims of Domestic Violence
Domestic violence is one of the most gruesome aspects of family law. We recognize that family events are often more complicated than police reports allow them to be.
Our first obligation is to prevent further events, and to restore a sense of safety and calm to a troubled home. Do not underestimate the danger that unrestrained rage can pose.
If you are a victim or target, contact our domestic violence attorneys and begin your path toward a safer, healthier family life in Saint Louis, MO, today. If you are the transgressor, you need to get help as well.
Frequently Asked Questions
1. What constitutes domestic violence in Missouri?
Domestic violence covers abuse within a household or family relationship and may include physical harm (e.g., hitting, choking), threats of violence, emotional or psychological abuse (e.g., intimidation, isolation), and financial control or exploitation. The relationship can be between spouses, family members, those living together, or those who share children or intimate relationships.
2. What legal protections are available for victims of domestic violence in St. Louis?
Victims may seek a protection order (also called a restraining order) to prevent further contact or abuse by the alleged abuser. They may also pursue criminal charges against the abuser, and may receive assistance in family court matters such as custody or visitation if safety concerns exist.
3. What should I expect if I am accused of domestic violence in St. Louis?
If you’re accused of domestic violence, you may face criminal charges, possible arrest, protective orders limiting your contact, and long-term legal consequences including jail time or restrictions on firearm possession. It’s important to consult with an attorney experienced in domestic violence cases to understand your rights and defenses.
4. How does the attorney at Bardol Law Firm assist with domestic violence cases?
The attorney can help by reviewing the specific facts of your case, representing you in court hearings or protection-order proceedings, gathering and presenting evidence, advising you on your choices, and advocating for your interests—whether you are a victim seeking safety or someone defending against accusations.
5. What rights and responsibilities should I know in a domestic violence case?
You have the right to legal representation and to present your side of the story. You also have a responsibility to appear at required court hearings and comply with protective order conditions (if any). Failing to attend hearings or violating protective orders can lead to serious legal consequences.