Restraining Orders

This section defines domestic violence for the purposes of getting an order of protection.

For the purpose of filing for an order of protection, domestic violence is when a family or household member:

1. commits stalking; or
2. commits, attempts to commit, or threatens to commit abuse, which is defined as any of the following acts:

• assault: purposely placing or attempting to place you in fear of physical harm;
• battery: purposely causing physical harm to you with or without a deadly weapon;
• coercion: using force or a threat of force to make you do something or to stop you from doing something;
• harassment: committing acts more than once that cause you or your child alarm or substantial emotional distress and serve no legitimate purpose; for example:
  • following you or your child in a public place;
  • peering in the window or lingering outside your home;
• sexual assault: causing or attempting to cause you to engage involuntarily in any sexual act by force, threat of force, coercion or pressure (duress), or without your consent;
• unlawful imprisonment: holding, confining, detaining, or abducting you against your will; or
• abusing a pet: purposely causing, attempting to cause, or threatening to cause physical injury to a pet with the intent to control, punish, intimidate you, or cause you distress.¹

Stalking is defined as when someone purposely acts in a way that reasonably causes you alarm and that serves no legitimate purpose. The actions must occur two or more times and can include, but are not limited to, when the stalker directly, indirectly, or through a third party follows, monitors, observes, surveils, threatens, or communicates with you. This includes if the stalker uses a device, such as a GPS tracker or other technology.²

¹ MO ST §§ 455.010(1); 455.010(5); 455.020(1)
² MO ST § 455.010(15)