When Missouri legislators enacted one of the first laws in the nation to protect abused adults, they designed the law to make it easy for victims of abuse to file without having to hire a lawyer. That doesn’t necessarily mean that every abused individual has sufficient knowledge of the elements of the law to ensure that they will be able to prove to the court that they qualify for protection under the law.
Courts often issue “ex parte” orders of protection (orders issued before a full hearing is held) to temporarily keep those who apply for such orders safe until a full hearing can be held. These orders are usually granted when victims claim the abuser used a weapon or caused physical injury. The court’s chief concern is whether there is an immediate danger of further abuse.
However, judges are reluctant to grant “full” (one year or more) orders of protection unless the victim presents enough evidence to prove every element required by law for such an order.
The petition is not considered evidence. Even though it will explain to the court what you claim the perpetrator has done, those allegations must be proven by evidence that might include testimony, documents, pictures, or videos. Even if you have this kind of evidence, the court can restrict your ability to present it unless you follow court rules.
Having a lawyer help you prepare your petition and represent you in court greatly enhances your likelihood of a good outcome.
The lawyers at Paule Camazine & Blumenthal are experienced in the field of adult abuse and can advise you in the filing and trial preparation of your case.
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