WHAT IS AN ORDER OF PROTECTION? An Order of Protection is a Court Order that orders one person to stay away from another person. The purpose of the Order is to protect the victim from abuse or stalking.

WHO CAN GET AN ORDER OF PROTECTION? An adult can get an Order of Protection for herself/himself or for a child (if the adult is a parent, guardian, Guardian-ad-Litem or Court Appointed Special Advocate for the child) against a present or past “family or household member” (which includes someone that the victim has dated) if that member committed an act of abuse. An “act of abuse” can be an act of assault, battery, coercion, harassment, sexual assault or unlawful imprisonment, or any attempts or threats to commit such acts. An adult can get an Order of Protection for herself/himself or for her/his child against any person who has stalked her/him. “Stalking” is defined as two or more acts that cause the victim to be in fear of physical harm.

IS IT POSSIBLE TO GET AN ORDER OF PROTECTION WITHOUT GOING TO COURT WITH THE OFFENDER? You might be able to get a temporary (Ex Parte) Order of Protection that will last until the date of the full hearing. The order could temporarily keep the offender away from you and your residence and could keep the offender from communicating with you. However, to get a Full Order of Protection, you must appear in court.

For more information about Orders of Protection, please obtain the St. Louis County Order of Protection Brochure. (See Tray #1). Sections 455.020, 455.045, 455.505, 455.520, RSMo. AAO #1 (11/28/12)

WHAT CAN THE JUDGE INCLUDE IN A FULL ORDER OF PROTECTION ? The judge can order the respondent (the person you are filing against) to: • • • • • • • • • • • • • •

stop abusing and stalking you (or the child); not communicate with you; stay a certain distance from you; stay out of your residence; stay out of your place of employment; stay out of your school; follow a custody/visitation plan for the children you have in common (in some cases); pay you child support and/or spousal support (maintenance); pay your rent or mortgage; pay your medical bills (for treatment of injuries caused by the respondent); give you temporary possession of certain personal property; not transfer or use certain property (including bank accounts); participate in counseling for batterers and/or counseling for drug abusers; and do anything else necessary to protect you.

The Full Order of Protection could last up to one year (and in some circumstances, even longer).

For more information about Orders of Protection, please obtain the St. Louis County Order of Protection Brochure. (See Tray #1).

Sections 455.050 and 455.523, RSMo. AAO #2 (11/28/12)

ARE YOU IN THE RIGHT COURTHOUSE TO GET AN ORDER OF PROTECTION? Missouri law allows a victim of domestic violence (abuse or stalking) to seek an Order of Protection in Missouri if the victim is in the State of Missouri and the offender’s actions “have occurred, have been attempted, or have been or are threatened within the state of Missouri.” (These requirements are for Adult Orders of Protection only. There are no such requirements for Child Orders of Protection.) Also, a victim can seek Adult and Child Orders through the St. Louis County courts if: 1. The victim lives in St. Louis County; or 2. The domestic violence occurred in St. Louis County; or 3. The offender can be served in St. Louis County.

Sections 455.015, 455.032 and 455.503, RSMo. AAO #3 (11/28/12)

ARE YOU A VICTIM OF DOMESTIC VIOLENCE? DO YOU NEED ASSISTANCE OR INFORMATION?

ASSISTANCE Please speak to one of the clerks in the Adult Abuse Office if you:  need assistance in completing the necessary forms and pleadings to get an Order of Protection;  would like information about what you can ask the judge for in your Petition for an Order of Protection;  need to speak to an advocate or an attorney for additional help.

INFORMATION DO YOU NEED INFORMATION ABOUT RESOURCES IN THE AREA, SUCH AS: -

Hotlines? Web Sites? Shelters? Counseling Services? Legal Resources?

If you need any information, please obtain the Domestic Violence Resource Sheet. (See Tray #2).

Sections 455.025 and 455.504, RSMo. AAO #4 (11/28/12)

¿NECESITA LA AYUDA DE UN INTÉRPRETE?

[DO YOU NEED THE ASSISTANCE OF AN INTERPRETER (SPANISH)?]

Si necesita ayuda para traducir la información o los formularios necesarios para obtener una Orden de Protección, por favor consulte el material en la bandeja # 3A. Un intérprete también puede estar disponible sin costo alguno para usted. [If you need help translating the information or forms necessary to get an Order of Protection, please refer to the materials in Tray # 3A. A Spanish interpreter can also be made available at no cost to you.]

Sección 476.060, RSMo. [Section 476.060, RSMo.] AAO #5A (11/28/12)

DALI VI ZELITE POMOC OD PREVODIOCA? [DO YOU NEED THE ASSISTANCE OF AN INTERPRETER (BOSNIAN)?]

Ako zelite pomoc za prevod informacija ili formulara za koje da dobijete Navod Zastite, molimo vas obratite paznju prema fioci # 3B. Bosanski prevodilac se moze zakazati za vas brezplatno.

[If you need help translating the information or forms necessary to get an Order of Protection, please refer to the materials in Tray # 3B. A Bosnian interpreter can also be made available at no cost to you.]

Odjeljak 476.060, RSMo. [Section 476.060, RSMo.] AAO #5B (11/28/12)

DO YOU WANT TO BE NOTIFIED WHEN THE RESPONDENT GETS SERVED? IN MANY INSTANCES, THE MOST DANGEROUS TIME FOR A VICTIM OF DOMESTIC VIOLENCE IS IMMEDIATELY AFTER THE TIME WHEN THE SHERIFF SERVES THE OFFENDER (RESPONDENT) WITH A COPY OF THE VICTIM’S PETITION (COMPLAINT). MANY RESPONDENTS’ REACTIONS CAN BE EXTREME AND UNPREDICTABLE. KNOWING WHEN THE RESPONDENT GETS SERVED CAN KEEP THE PETITIONER ALERT AND BETTER PROTECTED.

THOSE SEEKING ADULT ORDERS OF PROTECTION HAVE THE RIGHT TO BE NOTIFIED WHEN THE RESPONDENT GETS SERVED WITH A COPY OF THE PETITION AND A COPY OF THE JUDGE’S TEMPORARY (EX PARTE) ORDER. (NOTE THAT SUCH A SERVICE IS NOT AVAILABLE FOR ADULT FULL ORDERS OF PROTECTION OR FOR ANY TYPE OF CHILD ORDERS OF PROTECTION). PLEASE ALSO NOTE THAT THIS ARRANGEMENT IS NOT PERFECT: HUMAN ERRORS CAN PREVENT PROPER AND TIMELY NOTICE FROM BEING PROVIDED. To get more information, refer to the brochures on the Missouri Victim Automated Notification System (“MOVANS”). (See Tray #4).

Section 455.038, RSMo. AAO #6 (11/28/12)

DO YOU ALREADY HAVE AN ORDER OF PROTECTION AND ARE PLANNING TO GO OUT OF STATE? DO YOU HAVE AN ORDER OF PROTECTION FROM ANOTHER STATE? HOW TO GET A MISSOURI ORDER OF PROTECTION ENFORCED IN ANOTHER STATE According to the United States Full Faith and Credit Act, your Missouri Order of Protection should protect you in all 50 states, U.S. territories and tribal lands. You should ask the court clerk for a certified copy of your Missouri Order (free of charge). HOW TO GET AN OUT-OF-STATE ORDER OF PROTECTION ENFORCED IN MISSOURI According to Missouri law (and the United States Full Faith and Credit Act): Your out-of-state Order of Protection (also known as a restraining order) is enforceable in Missouri as if it were issued by a court in this state. A person entitled to protection from an out-of-state Order of Protection may: • File a certified copy of the out-of-state Order of Protection with the clerk in the Adult Abuse Office AND • State in an affidavit (a sworn statement) that the certified copy of the Order of Protection is both a true and accurate copy of the Order and has not been altered. (NOTE: THIS PROCESS MAY NOT BE NECESSARY IF YOUR ORDER OF PROTECTION IS ALREADY LISTED IN THE NATIONAL CRIME INFORMATION CENTER SYSTEM.) As soon as your documents are approved by the clerk, the clerk will direct the Missouri Highway Patrol to enter the information in the Missouri Uniform Law Enforcement System, making the information available to all Missouri law enforcement officers. To get a certified copy of the out-of-state order, you should contact the clerk of the court at the courthouse where the Order of Protection was issued. The Adult Abuse Office has the necessary affidavit forms. Simply ask the clerk for the Foreign Order of Protection Affidavit Form. (To obtain an affidavit form, see Tray #5) YOU DO NOT HAVE TO: • Register your Order of Protection with a court in Missouri. • Get a Missouri court order to recognize the out-of-state Order of Protection to get the outof-state order enforced. • Pay any fee to file your Order of Protection with this court. Section 455.067.1, RSMo 18 USC Section 2265(b) (2) AAO #7 (11/28/12)

RENEWALS (EXTENSIONS) OF ORDER OF PROTECTION AND OBJECTIONS TO THE RENEWALS TO PETITIONERS (THOSE WHO HAVE RECEIVED ORDERS OF PROTECTION): DO YOU WISH TO RENEW (EXTEND) YOUR FULL ORDER OF PROTECTION? If the judge did not include a renewal date on your Full Order of Protection, you may have the right to renew (extend) your Order of Protection for an additional 180 days to a year. You must request a renewal before the date in which the Full Order of Protection ends. (Otherwise, you must seek a new Order of Protection and present additional allegations…) To obtain a “Renewal” form, see Tray #6.

TO RESPONDENTS (THOSE WHO HAVE RECEIVED ORDERS OF PROTECTION AGAINST THEM): DO YOU WISH TO OBJECT TO THE JUDGE’S “AUTOMATIC” RENEWAL OF A FULL ORDER OF PROTECTION ALREADY ISSUED AGAINST YOU? If the judge issued a Full Order of Protection against you – and included a renewal (extension) on the Order – you have the right to object to the renewal. You must do so 30 days prior to the Order’s original termination date. To obtain an “Objection to Renewal” form, see Tray #7.

Sections 455.040 and 455.516, RSMo. AAO #8 (11/28/12)

DISMISSAL OF ORDER OF PROTECTION DO YOU WISH TO DISMISS YOUR ORDER OF PROTECTION OR YOUR PETITION FOR AN ORDER OF PROTECTION? Missouri law gives the judge the right to decide whether or not you can dismiss your Order of Protection or petition for an Order of Protection. In many instances, the judge will require you to speak with an advocate to make sure that your decision to dismiss is voluntary. You may also need to speak with the judge directly. •

If you wish to dismiss your Adult Order of Protection or your petition for an Adult Order of Protection and your case is in the Domestic Violence Court, you can obtain both a Dismissal Form and an Information Sheet in Trays #8 and #9A.

•

If you wish to dismiss your Adult Order of Protection or your petition for an Adult Order of Protection and your case is in one of the Non-Domestic Violence Court divisions, you can obtain both a Dismissal Form and an Information Sheet in Trays #8 and #9B.

•

If you wish to dismiss your Child Order of Protection or your petition for a Child Order of Protection, you can obtain both a Dismissal Form and an Information Sheet in Trays #8 and #9C.

Section 455.060.5, RSMo. AAO #9A (11/28/12)

MODIFICATION OF ORDER OF PROTECTION DO YOU WISH TO MODIFY (CHANGE THE TERMS) OF THE FULL ORDER OF PROTECTION? Missouri law gives you the right to change the terms of the Full Order of Protection if you can prove that there has been a “change in circumstances.” Either party can move to modify the terms of the Full Order of Protection (Sections 455.060 and 455.528, Revised Statutes of Missouri). The modification can only occur upon specific findings of the court: a.) The court can only modify the Order’s terms relating to child support and maintenance if changed circumstances are “so substantial and continuing . . . make the terms (of the Order) unreasonable” (Sections 455.065.1 and 455.530.1, R.S.Mo.). b.) The court can only modify the Order’s terms relating to custody of a child “if a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interests of the child” (Sections 455.065.2 and 455.530.2, R.S.Mo.). c.)

The court can only modify the Order’s terms relating to visitation “if the modification would serve the best interests of the child” (Sections 455.065.3 and 455.530.3, R.S.Mo.).

d.)

The court can only modify any other of the Order’s terms if there is a showing of a “change in circumstances sufficient to warrant the modification” (Sections 455.060.1 and 455.528, R.S.Mo.).

If you wish to modify the Full Order of Protection, please obtain a Modification Affidavit Form in Tray #10.

Sections 455.060 and 455.530, RSMo. AAO #9B (11/28/12)

WHAT TO DO IF YOUR FULL ORDER OF PROTECTION HAS BEEN VIOLATED 1. IF YOU ARE IN DANGER, CALL “911” IMMEDIATELY. 2. CALL THE POLICE IF THE RESPONDENT (THE PERSON YOU FILED AGAINST) HAS DONE ANY OF THE FOLLOWING: • • • • •

Physically harmed (hit, kicked, choked, sexually assaulted, etc…) you; or Threatened to harm you; or Stalked you (for example, followed you, watched your house, waited for you at school/work, harassed you); or Communicated with you (in person, by phone, by letter, by e-mail/social media, by text message, through another person, etc.); or Entered your residence or onto your property.

Tell the police that you have a Full Order of Protection. Tell them the details (including dates, times, locations) of the violation(s). Give the police as much information as possible (including the Order of Protection case number and places where the Respondent lives and works). Such violations are criminal offenses.

3. GO TO THE ADULT ABUSE OFFICE IN THE COURTHOUSE TO FILE A “MOTION FOR CONTEMPT.” •

WHAT IS A “MOTION FOR CONTEMPT?” A Motion for Contempt is a request for the judge to address a person’s alleged violation(s) of the Full Order of Protection. By filing such a motion, you are asking the judge to hold the other person “in contempt of court” for violating a court Order. If the judge makes such a finding, the judge has the ability to fine the Respondent and/or send the Respondent to jail.

•

FOR WHAT VIOLATIONS CAN I FILE A MOTION FOR CONTEMPT? You can ask the judge to hold the other person in contempt of court for violating the terms of your Full Order of Protection, including the violations listed above (that call for your contacting the police). For the above violations, you have the option to both call the police and file a Motion for Contempt. For these types of violations, you would need to file a MOTION for INDIRECT CRIMINAL CONTEMPT. You may also file a Motion for Contempt if the Respondent violates other terms of the Full Order of Protection, such as: failure to pay child support, maintenance, rent, the mortgage and/or other financial orders. For these types of violations, you would need to file a MOTION for CIVIL CONTEMPT.

•

FOR MORE INFORMATION: You should obtain a document entitled “Questions and Answers about Filing a Motion for Contempt.” (See Tray #11). Respondents can ask for a document entitled “Questions and Answers about Responding to a Motion for Contempt.” (See Tray #12).

Sections 455.085.7, 455.095.8, 455.090.2, 455.538, RSMo. AAO #10 (11/28/12)

NOTICE TO FATHERS SEEKING ORDERS OF PROTECTION FOR THEIR CHILDREN (FOR CHILDREN BORN OUTSIDE OF MARRIAGE)

If you are a father seeking a Child Order of Protection for your minor child: 1. When filing for the Order of Protection, you should bring your child’s BIRTH CERTIFICATE (the original or a copy), which lists you as the child’s father. 2. If you do not have the child’s birth certificate (the original or a copy), you may still file for an Order of Protection at the Adult Abuse Office; however, you will not be able to get a temporary Order of Protection. To seek a Full Order, you must appear for a court hearing at the date given to you on a summons. At the court hearing, you will be required to prove that you are the child’s father.

NOTE: If you are only filing an Adult Abuse petition and are seeking custody of children you have in common with the respondent, you must also establish paternity (in the same way as described above).

Sections 455.503 and 210.822, RSMo. AAO #11 (11/28/12)

HOW TO OBTAIN AN EMERGENCY ORDER OF PROTECTION WHEN THE COURTHOUSE IS CLOSED Missouri law requires a judge to be available at all times to consider granting a request for an Order of Protection. The St. Louis County Police Department and most municipal police departments in St. Louis County have partnered with the St. Louis County Family Court to provide such assistance. To get an “after hours” temporary Order of Protection, please follow the following steps: 1) If you reside in a municipality in St. Louis County, call your local police department to obtain an emergency Order of Protection when the courthouse is closed. 2) Ask for an available officer who has been deputized to assist petitioners who seek temporary Orders of Protection “after hours.” 3) If no one at your local police department is available to assist you, call: A. The St. Louis County Police Department at: (314) 889-2341 or B. The Hazelwood Police Department at: (314) 513-5200. (To obtain a copy of this sheet, see Tray #13.)

Mo. S. Ct. Guidelines for Judicial Availability for Orders of Protection, Section 455.030, RSMo. AAO #12 (11/28/12)

ARE YOU 60 YEARS OF AGE OR OLDER? OR

DO YOU HAVE A SERIOUS DISABILITY? YOU MAY QUALIFY FOR ADDITIONAL SERVICES THROUGH THE MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES, IF YOU ARE AN ELDERLY OR DISABLED VICTIM OF ABUSE. (YOU MAY ALSO GET AN ORDER OF PROTECTION FROM THIS COURT.) FOR MORE INFORMATION, PLEASE CONTACT THE ELDER ABUSE AND NEGLECT HOTLINE AT (1) (800) 392-0210.

(For information on these additional services, see Tray #14).

Sections 660.250ff, RSMo. AAO #13 (11/28/12)

Are you a victim of domestic violence, sexual assault, rape or stalking who has recently relocated or is trying to relocate? Do you want to use a confidential address program? If so, you may be eligible for the Missouri Safe at Home program. There is a Safe at Home Application Assistant available here at the courthouse and at several St. Louis area agencies who can talk with you further about the program and your eligibility. For information about who to contact, please speak to a courthouse advocate or contact the Safe at Home program directly at: 1-866-509-1409 or [email protected] (For information on Safe at Home, see Tray #15).

Sections 589.660 through 589.683, RSMo. Code of State Regulations 15 CSR 30 – 70 AAO #14 (11/28/12)

SOME SUGGESTIONS ON WHAT TO BRING WHEN YOU COME TO COURT To Petitioners When They Come to the Courthouse to File for an Order of Protection:

• Respondent’s current address(es) • Recent photograph(s) of the respondent • Social Security Numbers of the parties and their children (if you are seeking protection for and/or custody of them) • Birth Certificates, prior custody orders or prior child support orders (to help fathers demonstrate paternity)

To Petitioners and Respondents When They Come to Court for a Full Order of Protection Hearing:

• All of the above • Witnesses (must appear in person and not through sworn written statements) • Police reports and/or medical records • Phone records, text messages, emails and/or printouts from social media sites (e.g., Facebook, My Space, etc.) • Photographs of sustained injuries and damaged property • Tax documents and/or paycheck stubs (to assist the judge in determining child support) (To obtain a copy of this sheet, see Tray #16)

AAO #15 (11/28/12)

TO VICTIMS OF DOMESTIC VIOLENCE WHO ARE NOT UNITED STATES CITIZENS: You have the same right as any United States citizen to seek an order of protection in this country, in this state, in this county. Your immigration status does not matter and cannot be considered by the judge who hears your case. You also have the right to seek protection from your local law enforcement department. If you would like to speak with an immigration attorney about potential immigration relief and you cannot afford to hire a private attorney, you may contact Legal Services of Eastern Missouri at 314256-8756.

PARA LAS VÍCTIMAS DE VIOLENCIA DOMÉSTICA QUE NO SON CIUDADANOS DE LOS ESTADOS UNIDOS: Usted tiene los mismos derechos que cualquier ciudadano de los Estados Unidos para solicitar una orden de protección en este país, en este estado, en este municipio. Su estado inmigratorio no importa, y no puede ser considerado por el juez que ve su caso. Usted también tiene el derecho a solicitar la protección de su departamento de policía local. Si a usted le gustaría hablar con un abogado de inmigración sobre su estatus migratorio y no puede permitirse el lujo de contratar a un abogado privado, usted puede comunicarse con Servicios Legales del Este de Missouri en 314-256-8756.

ŽRTVAMA OBITELJSKE VIOLENCE KOJI NISU AMERIČKI DRŽAVLJANI: Imate isto pravo kao i bilo koji građanin Sjedinjene Američke države tražiti nalog zaśtite u ovoj zemlji, u ovj državi, u ovom naselju. Vaś status imigracije nesmeta i nemože se smatrati od strane suda koji čuje vaś slučaj. Takođe imate pravo tražiti zaśtitu od vaśeg lokalnog odjela za provedbu zakona. Ako želite razgovarati s imigracijskim odmjetnikom o potencijalnom imigracijskim olakśanju, a ne možete uzeti privatnog odvjetnika, možete kontaktirati Pravne Usluge u Istočnom Mizuriju na (314) 256-8756. AAO #16 (12/06/12)