St. Louis Domestic Violence Lawyers

Nothing is more devastating than feeling unsafe in your own home. Unfortunately, this is a reality for countless Missourians, many of whom are unsure of where to turn or what to do next. If you’re a victim of domestic violence, the skilled and compassionate St. Louis family lawyers here at the Stobie Family Law Group stand ready to effectively advocate for your rights and safety. Contact us today.

Domestic Violence Lawyers Serving St. Louis County

The Stobie Family Law Group is a steadfast representative of those who’ve been made victims of domestic violence here in Missouri, and we are here to help you get to safety as well. If you’re in need of a legal team to discretely, and confidentially discuss your needs with, look no further.

What Constitutes Domestic Violence in Missouri?

In Missouri, domestic violence is defined under the state’s laws as any act of abuse committed by one household or family member against another. This can take many forms, including physical harm, threats of violence, emotional abuse, stalking, and harassment. Under Missouri law, domestic violence is not limited to physical injury; it also encompasses a wide range of behaviors designed to exert control and fear over another person.

Missouri categorizes domestic violence into three degrees, with the first degree being the most severe. Physical assault, such as hitting, slapping, or causing injury, constitutes domestic violence, but so do less visible forms of harm, like verbal threats, intimidation, or isolation. Additionally, acts such as unlawful imprisonment, sexual abuse, and economic coercion fall under domestic violence.

Importantly, the law applies to abuse between spouses, ex-spouses, individuals who share a child, those in romantic relationships, and even roommates. If you are experiencing any form of these abusive behaviors, Missouri’s legal system provides protections, and the Stobie Family Law Group is here to help you understand your rights.

How Can I Get a Restraining Order in Missouri?

Obtaining a restraining order in Missouri, also known as an “Order of Protection,” can be a crucial step in safeguarding yourself from an abuser. Missouri law provides two types of protection orders: an Ex Parte Order of Protection (temporary) and a Full Order of Protection (permanent).

Here’s how the process works:

1. File a Petition: You’ll begin by filing a petition at the courthouse. This can be done in the county where you live, where the abuser lives, or where the abuse occurred. The forms will ask you to describe the abuse and why you need protection. The Stobie Family Law Group can assist you in preparing this documentation to ensure all necessary details are included.
2. Temporary Protection (Ex Parte Order): Once your petition is filed, a judge may issue an immediate, temporary restraining order without the abuser present. This order will provide you protection until a hearing can be held, typically within 15 days. The Ex Parte Order can require the abuser to stay away from you, your home, your workplace, or any other location where you feel unsafe.
3. Full Order of Protection Hearing: At the hearing, both you and the abuser will have the opportunity to present your case. It’s crucial to have experienced legal representation during this stage. If the judge finds sufficient evidence that you are at risk, they will grant a Full Order of Protection, which can last anywhere from 180 days to one year and may be extended if necessary.
4. Enforcement: Once granted, the restraining order will be enforced by local law enforcement. Any violation of the order can result in criminal charges for the abuser.

Can Domestic Violence Impact Custody Proceedings?

Domestic violence can have a significant impact on child custody and visitation rights in Missouri. When determining custody arrangements, Missouri courts prioritize the best interests of the child. If one parent has a history of domestic violence, this will strongly influence the court’s decision regarding custody.

In Missouri, judges are required to consider any evidence of domestic violence when making custody determinations. This means that if there is proof that a parent has abused their spouse, children, or another household member, the court may restrict that parent’s custodial rights. In many cases, the abusive parent may be limited to supervised visitation or, in extreme cases, may lose their visitation rights entirely.

The court may also take steps to protect the child by requiring a safety plan that ensures all exchanges between the parents occur in a safe, neutral setting. Additionally, domestic violence can lead to modifications of existing custody agreements if new instances of abuse arise after the initial order.

At the Stobie Family Law Group, we understand that protecting your children is your top priority. We are prepared to present strong evidence of domestic violence and advocate for custody arrangements that keep your family safe.

Contact Our Missouri Family Lawyers Today

Nothing is more important than your safety. If you’re a victim of domestic violence, our seasoned team of family lawyers stands ready to help. Contact the Stobie Family Law Group so we can get you the peace of mind you and your family deserve.