Restraining Orders

Whether you seeking a restraining order against another person or are the subject of a restraining order, the attorneys at Kilo Flynn can help you with your case. Restraining orders are used to protect children and adults from behavior that is violent or rises to the level or harassment.

A restraining order can be sought against anyone who has threatened or harassed you, including a stranger. In cases involving domestic violence, restraining orders are often requested against the petitioner’s:

• Spouse
• Cohabiting girlfriend or boyfriend
• Former spouse
• Other parent of the petitioner’s child
• Same-sex partner

A parent may also be able to get a restraining order on behalf of a minor child.

A restraining order does more than just prohibit contact between parties. The subject of a restraining order could be prohibited from carrying a gun. Also, the subject of the order would likely be forced to leave a public space if the petitioner is also in that public space.

The procedure for getting a restraining order varies between jurisdictions. Typically, a restraining order is used in cases where there are allegations of domestic violence.

A petitioner can first file for an ex parte restraining order. “Ex parte” means that the subject of the restraining order is not involved and does not make any statements to the court about why a restraining order should not issue.

If the ex parte petition for restraining order meets the requirements set forth in the law, a judge will typically grant the restraining order on a temporary basis. The judge will set the matter for a hearing in short order, usually in less than two weeks.

At the hearing, both sides will be able to put on evidence and call witnesses. The judge will either deny the request for a restraining order, which will end the temporary restraining order, or it will issue a full order of protection.

Our firm believes it is critical for you to have representation at this stage. If you do not get your desired outcome at the hearing, it will be much harder to get another restraining order or have the restraining order struck down. The representation of a skilled attorney will ensure that your rights are protected and that the outcome of your restraining order case is as favorable as possible.

Restraining orders have the potential to affect your safety or your ability to interact with others and move about freely. As a result, it is important to do everything possible to protect your legal rights as a party to a restraining order case.

The lawyers of Kilo Flynn have handled restraining orders cases in courts throughout Missouri and Illinois. Our clients reside in the Missouri counties of St. Louis, St. Charles, Lincoln, Jefferson, Franklin and Crawford, and the Illinois counties of Madison, St. Clair and Monroe.

To schedule a consultation with a St. Louis restraining order lawyer, call Kilo Flynn today at 314-647-8910.