Lawyers, Answer Questions  & Get Points Log In
Missouri Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Missouri on
Q: I have had a restraining order against my ex husband for the last 2 years, he keeps violating it

He just recently found out where we live and sent the police out here to do a health and welfare check on my daughter at midnight. I just want to protect myself and my daughter. Her last memories of him are from when he stole a car and wrecked it and left her locked inside of it. I need to find a... View More

Kristen Thurmond
Kristen Thurmond
answered on May 17, 2023

You cannot get a restraining order in MO for a child when there is a divorce decree with custody determinations in place because the divorce judgment has higher authority than an order of protection (what is referred to as a restraining order). You will need to register your divorce judgment in MO... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Missouri on
Q: How can I explain and resolve a mistaken false accusation I put on my spouse to the judge?

Me and my husband got into a fight one day and our children came to the area where it was going on and tried to break us up My husband shoved one of them out the way and made the others leave the area. I thought he had harmed the one he shoved and called the authorities on him so they could have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

It is important to take responsibility for your mistake and try to rectify the situation. If you have already filed a false report against your husband, you should immediately contact the authorities and let them know that your initial report was mistaken and that your husband did not actually harm... View More

1 Answer | Asked in Domestic Violence for Missouri on
Q: Felony assault B D domestic violence special victim we never touched her. We left her alone as we always had.
Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Jan 30, 2024

This really isn't a question but the answer is you need an experienced criminal defense attorney. That and do not speak to anyone about this matter other than an attorney you are seeking to hire.

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on
Q: What does run concurrent mean
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 30, 2023

Sentences on different courts can run at the same time rather than back to back.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Missouri on
Q: need cases to cite concerning no contact order violation because they got married and now he's being held wo bond

there was a call for domestic violence my friend went to jail and subsequently bonded out and there was a no contact order in place, he then got married to the alleged victim and now he's being held without bond due to the no contact order being violated

Cynthia W. Trice
Cynthia W. Trice
answered on Oct 17, 2022

Hi,

I am sorry but I only practice family law. Your question is a criminal law question. Despite the fact that your friend married the victim, whenever you have a question related to someone being sent to jail, and a bond, it is criminal law, not family law. The only exception would be...
View More

2 Answers | Asked in Criminal Law and Domestic Violence for Missouri on
Q: Hello, my ex boyfriend left my stranded in MS with no money food or vehicle, I knew no one there. I live in MO.

Ex begged me to stay With him in Grenada MS in a hotel for a week while he worked. I live in Mo so he picked me up and drove me The entire time I was there he was emotional and argumentative. Thursday I Made a nail appointment, I had to walk to. I started walking to the nail salon Next thing I... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 6, 2021

That’s a very sad situation. This isn’t something likely to result in litigation, however. You need to figure out if you want to remain in a relationship with someone who would do that to you.

View More Answers

Q: Is it illegal to make, possess, and/or sale Paracord crafts such as the monkeys fist.

I've been told something about it is caterized with "Slung-shot devices"

Tim Akpinar
Tim Akpinar
answered on May 22, 2021

A Missouri attorney could answer best, but your question remains open for two weeks. Monkey's fists are illegal in some states, and only a Missouri criminal attorney would be in a position to advise on the law in Missouri. You are correct in what you describe - although the knot was commonly... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on
Q: Can you still be served a warrent after being released from jail?

Husband spent 24 hours in jail amd was released with a warrent given. Two weeks later he has a warrent, is this legal??

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Feb 25, 2021

Yes. They can release you from jail and serve a new warrant or even one they forgot to serve previously. In fact people are often released from jail after 24 hours pending application for a warrant. Your husband needs a criminal defense attorney.

1 Answer | Asked in Domestic Violence for Missouri on
Q: My husband is in jail for domestic violence against me. He has his first hearing tomorrow , should I be there?

He was served the warrant last week arrested and is currently in jail being held without bond. He is charged with 3 counts child endangerment, 1 assault 2nd degree, and unlawful use of a firearm (displaying) all felony charges. I have a victims advocate, but she will not return my phone calls. I... View More

Caroline Bundy
Caroline Bundy
answered on Feb 11, 2021

Do you have an attorney? If so, I would reach out to them to get the information. I would also need to know more about the hearing. If you feel safe and comfortable enough to go to the court proceeding, I would encourage you to attend with your victim advocate if you can get ahold of her. Depending... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Missouri on
Q: If a Missouri case is in Division 35 would it be concerning custody or abuse?
Caroline Bundy
Caroline Bundy
answered on Feb 11, 2021

What county in Missouri?

1 Answer | Asked in Domestic Violence, Family Law, Juvenile Law and Libel & Slander for Missouri on
Q: What should be included in a written submission to the child abuse and neglect review board to defend against false all?

How do I refute/overturn a preponderance of evidence that supports finding of neglect?

Shall I go about disproving what was recorded in their wildy false and egregious reports?

Or is there a specific rubric or factors that determine their decision?

Caroline Bundy
Caroline Bundy
answered on Jan 27, 2021

In order to better advise you on your situation, I would need to know more information about the specifics of your case. I'd highly recommend retaining an experienced family law attorney for the matter.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Missouri on
Q: Could a parent change a visitation schedule for the best interest of the child?

The parent asked the other to postpone the normal visit due to child having had surgery and experiencing some complications but they just said No,the child will be fine with me.,(they were aware previously of the upcoming surgery)but isn't knowledgeable about how to take care of the child... View More

Caroline Bundy
Caroline Bundy
answered on Jan 27, 2021

It's ill-advised to deny the other parent parenting time when there is currently an order in place. It would be best to reach out to an experienced family law attorney, who could potentially get you a temporary order altering parenting time while the child is recovering from surgery.

1 Answer | Asked in Divorce and Domestic Violence for Missouri on
Q: St. louis county MO. Married 12yrs have 2 kids, want divorce from husband. Husband is abusive, he lost job 6yrs ago.

I am sole provider for family and house is in my name. I want to leave and rent a safe place but cant pay for both places. Husband refuses to work he has no income. Can I sign a lease and leave family house while married if I fear he will hurt me? Am I legally obligated to support him until we... View More

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Oct 1, 2020

Please speak to a local family law attorney. More details about the abuse and you situation will be needed to give you a good answer. For instance an order of protection might be in your best interest even if you leave the current home.

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Missouri on
Q: What can be done for a 16 year old seeking emancipation? There is a possibility of emotional and mental abuse involved.

Currently a runaway.

Lydia Seifner
Lydia Seifner
answered on Apr 22, 2019

You do not have the legal capacity to decide where you wish to live until you are 18. You may qualify for emancipation if you are able to financially support yourself, in which case you should talk to an attorney to assist you in filing for legal emancipation.

If you cannot support...
View More

1 Answer | Asked in Domestic Violence for Missouri on
Q: My boyfriend called the cops to get me on third floor or into heartland. They arrested me. I have mental disorders.

I black out. I have biploar disorder, anxiety, depression, add, ADHD. My boyfriend was just trying to help me and the cops arrested me and I was already in a blackout/mental breakdown. I hadnt been on my meds as my physcotrist died a month or so ago and that day I was going to get my medicine. I... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 14, 2019

Definitely hire a criminal defense attorney. The outcome of your case will likely differ depending if you represent yourself or get someone who knows what he is she is doing to represent you.

2 Answers | Asked in Criminal Law and Domestic Violence for Missouri on
Q: What's the punishment of a 4th degree domestic assault without a lawyer?
Gary Kollin
Gary Kollin
answered on Mar 27, 2019

Although I am not a lawyer in Missouri, the possible punishment for the crime is the same whether you have a lawyer or not

View More Answers

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Missouri on
Q: Unmarried. Undeclared father has children and will not return them. Police will not assist me (mother) to get them.

Shouldn't I just be able to get them if there is no order or established paternity? Why is this still considered a civil issue if fathers rights are not valid

I have no resources and am going crazy. He was and is abusive.

What can I do?

Lydia Seifner
Lydia Seifner
answered on Mar 20, 2019

If there are no court orders giving him custody of the children, then yes, you can go get them. It's a civil issue because it is handled by the civil and domestic courts. Police generally don't like to get involved in domestic matters. So unless he is physically restraining you from the... View More

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Domestic Violence for Missouri on
Q: im 17 and living on my own in MO. my mom is saying she can put me in a mental hospital until im 21.

i moved out of my moms 6 moths ago and she has threatened me to either come home or she will send me to a mental hospital until im 21, even tho i am mentally stable.

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2019

You can't put anyone in psychiatric facility if they are mentally stable; it's a doctor's call to admit someone for treatment, not a parent's decision because they're mad at their kid. It just doesn't work like that. She can however, report you as a runaway and send... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on
Q: If a 16 year old hit an adult with a metal baseball bat forcefully, will they get charged as an adult? It's Not 1st time

16 year old previously has been charged for assault on the same adult (me). 16 year old is my boyfriends daughter . She has assaulted me a total of 9 times but only charged twice. This time it is assault with deadly weapon. Wat will happen to her ?

Joseph Harvath
Joseph Harvath
answered on Jan 14, 2019

They could be. That decision is left to the discretion of the Prosecuting Attorney

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.