Restraining Orders in Missouri
Missouri family law statutes provide spouses involved in dissolution proceedings (commonly known as divorce proceedings) special injunctive relief in order to put an end to abuses that may occur. An experienced Restraining Order Attorney will be able to advise you on your individual situation. It is important to understand that no set of circumstances are the same.
Often during the pendency of a dissolution of marriage proceeding, one spouse gains control of most of the marital assets. A party may be enjoined from "transferring, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life … ." If such an Order is obtained, a party may also obtain an Order that will require the restrained party to account for all extraordinary expenditures made after the order is entered.
A Motion for Temporary Restraining Order must be accompanied by an affidavit, and must state and prove certain facts before a Court will enter the Order. As with other family law matters, it is important to speak to an experienced Missouri restraining order attorney who can advise you of your rights and file the necessary motions to protect you, your family, and your assets.
As part of a Temporary Restraining Order, a party may be excluded from the family home or from the home of the other party upon a showing that physical or emotional harm would otherwise result. Where there have been past acts, or it may appear there will be future acts of violence or harassment, a party may be enjoined from harassing, abusing, molesting, or disturbing the peace of the other party or of any child. Missouri Law allows for an ex parte restraining order to be issued if irreparable injury would result to the moving party if an order were not issued until the time for answering had expired. A top St. Louis, Missouri Restraining Order attorney will be able to help guide you through this often complex process.
Restraining Order attorneys must use a great deal of discretion in obtaining any sort of temporary injunctive relief. The attorney must also weigh the risk versus the benefit as to whether to proceed under the dissolution statute or by way of an adult abuse order. Again, an experienced Saint Louis divorce attorney will be able to help you through this process.
Certainly, if there is good reason to think that a party is going to deplete the marital assets, it is imperative that injunctive relief be obtained. Temporary restraining orders are generally available in Missouri pursuant to Rule 92. Pursuant to this rule, ex parte restraining orders are available to prevent immediate and irreparable injury. These types of Orders should not exceed ten days, unless it is extended by consent or for a good cause.
In Missouri, prior to obtaining a restraining order or temporary injunction under the dissolution statute, it is imperative that the party filing makes sure the requirements of the rule allowing for temporary restraining orders have been satisfied completely. Because this is a highly technical area of Missouri family law, you should consult an experienced St. Louis family law attorney to advise you of your rights.