What Is an Ex Parte Order? Protecting Your Rights in Columbia, MO
April 22, 2025
An ex parte order in Missouri is a temporary protective order issued by a judge without the accused being present. These orders are often granted in cases involving allegations of domestic violence, harassment, or stalking, aiming to provide immediate protection to the petitioner.
However, for the accused, these orders can have serious legal and personal consequences. If you’re facing domestic violence charges, you don’t have to fight them alone.
Our Missouri criminal defense lawyers understand the harsh implications of these orders and are here to help you navigate the complexities of the situation one step at a time.
Understanding an Ex Parte Order of Protection
A temporary legal measure that restricts the accused from contacting or approaching the petitioner until a full hearing is held. It is designed to provide immediate protection when a judge believes there is a risk of harm.
- Typically lasts until a full court hearing determines whether a long-term order is necessary.
- Can impose restrictions on contact, residency, and firearm possession.
- Issued based solely on the petitioner’s claims without prior notice to the accused.
Legal Implications of an Ex Parte Order in Missouri
Being served with an ex parte order can have significant consequences, including:
- Restrictions on contacting the petitioner, even through third parties.
- Potential removal from a shared residence.
- Impact on child custody and visitation rights.
- Temporary firearm restrictions.
Violating an ex parte protective order in Missouri can lead to severe criminal charges, including fines, probation, or even jail time, depending on the severity of the violation.
How to Protect Your Rights When Facing an Ex Parte Order
1. Follow the Order Strictly
Even if the accusations are false, do not attempt to contact the petitioner. Violating an ex parte order of protection Missouri can lead to criminal charges, weakening your defense.
2. Gather Evidence & Legal Representation
- Collect text messages, emails, or witness statements that may help disprove the allegations.
- An attorney can challenge inconsistencies in the petitioner’s claims.
- A skilled lawyer will prepare a strong case for the full order of protection hearing.
3. Attend the Hearing & Present Your Defense
Missouri law allows the accused to contest the order at a full hearing. Your defense may include:
- Lack of evidence or false allegations.
- Mutual conflict rather than one-sided abuse.
- Misinterpretation of previous interactions.
4. Understanding Long-Term Orders of Protection
If a judge upholds the order, it may turn into a full order of protection, lasting up to one year or more. Contesting the claims early can help prevent this outcome.
How an Ex Parte Order Can Affect Your Future
Beyond the immediate legal restrictions, these orders can have long-term effects on your personal and professional life:
- A protective order on your record can complicate employment opportunities, particularly for jobs that require background checks or security clearances.
- If you are involved in a custody dispute, the order could be used against you in family court, impacting your ability to see your children.
- Additionally, violating the order—even unintentionally—can lead to criminal charges, further damaging your legal standing.
Why Choose Kirsch & Kirsch for Your Defense?
Navigating an ex parte order in Missouri can be complex, and having experienced legal counsel is essential. At Kirsch & Kirsch, we have a proven track record of defending clients against wrongful protective orders and ensuring their rights are protected.
- Aggressive Defense: Challenging false allegations and presenting strong evidence in court.
- Personalized Legal Strategy: Every case is unique, and Kirsch & Kirsch tailors defense plans to each client’s situation.
- Experienced Trial Attorneys: Decades of combined experience in Missouri courts.
If you’ve been served with an ex parte order of protection Missouri, don’t face it alone. Contact us today to schedule a consultation and start building your defense.