Best Domestic Violence Lawyers in Missouri

About Domestic Violence Law in Missouri, United States

Domestic violence in Missouri refers to abuse or threats of abuse among family members, household members, or people in a dating or intimate relationship. The abuse can be physical, emotional, sexual, or financial. Missouri’s laws are designed to protect victims, hold offenders accountable, and prevent further violence. The key legal remedies available include restraining orders, criminal prosecution, and services for both victims and perpetrators.

Why You May Need a Lawyer

Legal support is crucial in domestic violence cases for several reasons. You may need a lawyer if you are a victim seeking protection, custody, or support. If you have been accused of domestic violence, skilled legal counsel is important for defending your rights. Lawyers help explain the process, prepare documentation, represent your interests in court, and make sure you are aware of your options. Here are common situations where legal help is essential:

• Filing or defending against an Order of Protection (restraining order)
• Seeking custody of children after domestic violence
• Pursuing criminal charges or defending against false allegations
• Negotiating divorce and asset division in abusive relationships
• Understanding your rights as a victim or accused

Local Laws Overview

Missouri law classifies domestic violence as both a criminal offense and a civil issue. Some key aspects include:

• Orders of Protection: Victims can request protective orders from the court, which can prohibit contact, remove the abuser from the shared home, and grant temporary custody or support.
• Domestic Assault: Missouri law recognizes several degrees of domestic assault. Penalties can range from misdemeanors to felonies, depending on the severity and circumstances.
• Victim Rights: Victims have the right to be informed about court proceedings, receive protection, and access victim’s services.
• Arrest Policy: Police may arrest a suspected abuser without a warrant if they have probable cause to believe domestic violence has occurred.
• Child Custody: Courts consider evidence of domestic violence when making custody decisions, with the child’s safety as a priority.

Frequently Asked Questions

What is considered domestic violence under Missouri law?

Domestic violence includes acts of physical harm, threats, stalking, harassment, or sexual assault against family members, people living together, intimate partners, or those with a child in common.

How can I get an Order of Protection in Missouri?

You must file a petition with the court. If there is immediate danger, the court may issue an ex parte (emergency) order, which provides temporary protection until a hearing is held.

What happens if someone violates an Order of Protection?

Violating an Order of Protection is a crime in Missouri. The offender can be arrested and face additional charges or penalties.

Can men be victims of domestic violence?

Yes, domestic violence laws in Missouri protect all victims, regardless of gender.

Are domestic violence cases handled in criminal or civil court?

Domestic violence cases may involve both criminal charges and civil protective orders. It is possible for both types of proceedings to occur simultaneously.

Will a domestic violence conviction affect child custody?

Yes, courts consider domestic violence when determining child custody. The priority is to protect the child’s safety and welfare.

What should I do if I am falsely accused of domestic violence?

Contact a qualified attorney immediately. Gather evidence and witnesses who can support your version of events, and do not violate any existing court orders.

Is counseling or intervention available for abusers?

Yes, Missouri courts may order counseling or intervention programs for offenders as part of sentencing or protective orders.

Does Missouri law protect against emotional or psychological abuse?

Yes, Missouri law recognizes emotional and psychological abuse, especially if associated with threats, intimidation, or harassment, and offers remedies through protective orders.

Can domestic violence charges be dropped?

Only the prosecutor can decide to drop criminal charges, even if the victim requests it. Civil orders of protection, however, can be withdrawn by the person seeking protection.

Additional Resources

If you are in immediate danger, call 911. For ongoing support, guidance, or shelter, consider reaching out to:

• Missouri Coalition Against Domestic and Sexual Violence (MCADSV)
• Safe at Home - Missouri’s address confidentiality program
• Missouri Department of Social Services - Family Support Division
• Local police or sheriff’s office
• Victim advocacy organizations in your area
• Legal aid organizations providing free or low cost legal help

Next Steps

If you believe you are a victim of domestic violence or have been accused, take the following steps:

• Ensure immediate safety for yourself and any children involved
• Contact law enforcement if you are in danger
• Seek medical attention for injuries
• Document evidence of abuse, such as photographs or messages
• Contact a domestic violence shelter or advocacy group for guidance
• Consult with an experienced Missouri domestic violence attorney to understand your legal options and rights