Asked in Domestic Violence, Family Law and Child Custody for Missouri

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 lawyer to help her get her own restraining order against him. We were divorced in Texas, from that he stole a lot of money from me, which I just want him to get out of our lives forever. And since we were divorced in Texas, no judge around here will write a restraining order for my daughter. She is 10 years old and is terrified of him. What are my next steps in order to get a restraining order against him for her? We have lived in Missouri now for 2 years. I just want him to stop calling cps on me, everytime they come out, they have told me that there is no reason for concern, along with the police who have been out here. I am scared of him. He has a warrant in lake ozark.

1 Lawyer Answer
Kristen Thurmond
Kristen Thurmond
  • Divorce Lawyer
  • Licensed in Missouri

A: 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 and then move to modify the judgment, including a motion for restraining order while the motion to modify is pending. Find a local lawyer to help with a modification as soon as possible! If you have serious concerns about your safety, look into the Safe at Home address confidentiality program through the MO Secretary of State website to see if you qualify. Reach out to local Legal Aid to see if they can assist or call around to find an attorney you can afford.

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