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Missouri Criminal Law Resources

Served With an Ex Parte Order in Missouri? Read This First

An ex parte order was entered against you without you in the room — based on one side of the story. The full hearing is your chance to tell the other side. Don't waste it.

What Just Happened

Under RSMo Chapter 455, a judge can issue an ex parte order of protection the same day someone files a petition — without notice to you and without hearing your side. That's by design; the law errs toward immediate protection. But it means the order in your hands right now reflects one person's allegations, nothing more. The real fight is the full order hearing, usually set within about 15 days.

The Rules Between Now and the Hearing

  • Zero contact. No calls, texts, DMs, likes, or "please tell her I said…" messages through friends. Violating the order is a crime under § 455.085 — even if the petitioner contacts you first and even if they invite the contact.
  • Follow every term exactly. If it says stay away from the home, you stay away — even to get your own belongings. Mike can arrange a civil standby or court permission instead.
  • Surrender nothing voluntarily, sign nothing, and make no statements about the allegations to anyone but your lawyer.

Why the Full Hearing Is a Big Deal

A full order of protection can last up to a year or longer, can be renewed, can remove you from your home, restrict time with your children, end your firearm rights, and appear in public records that employers find. And here's what most people don't realize: it's a real evidentiary hearing. Witnesses testify under oath. Exhibits come in. Cross-examination happens. People who show up alone and "just explain" routinely lose to petitioners who came prepared.

How Mike Wins These Hearings

Many petitions are genuine. Many others are leverage — filed mid-divorce, mid-custody-battle, or mid-breakup. Either way, the petitioner has to prove their allegations, and cross-examination under oath is where exaggerated claims collapse. Mike prepares these hearings like trials, because they are: your home, your kids, and your rights are the verdict. You typically get one shot at it. Call 636.940.7771 the day you're served.

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