If you are seeking a stalking order of protection, you must show a pattern of unwanted behavior that serves no legitimate purpose and causes a reasonable fear of imminent physical harm. Evidence of this could include following you, repeated communication, or threats.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
No filing fees, court costs, or bond will be assessed to the petitioner in a domestic violence/stalking/sexual assault action. An attorney is not needed to obtain an order of protection. Forms also can be found at www.courts.mo.gov by selecting Court Forms > Adult Abuse Forms.
Does a restraining order affect your record? Unless a restraining order is breached, it will not appear on your criminal record. However, it will be recorded both by the police and in court records, if you fall foul of the law in the future, a past restraining order can be used as evidence against you in court.
Restraining orders A restraining order is a court order which prohibits your abuser from doing certain things such as contacting you or attending your place of work or home address. Breaching (breaking) a restraining order is a criminal offence. The court will make the order if the judge thinks it is justified.
Start by telling the person that you don't like the behavior and asking them to stop. If the harassment doesn't let up, take measures such as involving the police and increasing your security. In some circumstances, you might need to file for a restraining order to keep your harasser away.
Occupation orders primarily deal with who occupies the family home, whilst non-molestation orders prevent harassment and further abuse. Restraining orders are imposed on offenders to prevent them from further abusing or harassing victims.
To apply for an injunction you need to fill in a form and write a supporting statement. Your application needs to be made at your local family court, quite quickly following the last incident of abuse, so that you are protected as soon as possible.
How to File Harassment Charges in Missouri Filing a Police Report. Requesting an Order of Protection. Reporting Online Harassment.
Because they are court proceedings, orders of protection matters are public records and are viewable on publicly accessible websites like Case.net.
Like all court orders, violation of an order of protection is a serious matter, and can lead to your arrest, fines, and potential jail time. Conviction of this crime carries with it a Class A misdemeanor charge — which can result in up to one year in jail and a fine up to $2000.