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Can I Get a Restraining Order Against a Child? | St. Louis Lawyer

Can I Get a Restraining Order Against a Child?

Prior to August of 2011, a person was not able to file a protective order (otherwise known as a restraining order) against a child. However, recent changes in Missouri law allow someone to get a restraining order against a child. Any person may file a protective order against any other person in the state of Missouri, even a minor. The Petitioner – the person seeking the protective order – must file the petition in the county he or she resides or in the country where the alleged abuse or stalking occurred or in the country where the respondent lives.

If a minor is seeking a protective order, an adult will typically file the petition on behalf of their minor son or daughter. This petition is called a Child Protective Order. The court will typically set a hearing date within a few weeks to hear the case and determine if a full order of protection is warranted. However, before a hearing is held, the court will appoint a GAL (guardian ad litem) for a minor respondent if he or she is not represented by an attorney. A GAL is licensed attorney who is appointed to protect the interest of a minor in a court proceeding.

The St. Louis order or protection lawyers at Henderson & Waterkotte, P.C. have handled child protective orders and ex parte orders of protection against adults from both sides of the aisle. We have maintained a consistent track record of excellence and achieved favorable results for our clients on protective order cases whether we are representing the petitioner or the respondent. If you are thinking of filing a protective order against another individual or have recently been served with a protective order, call our experienced lawyers today for a free consultation.