Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Missouri Domestic Violence Questions & Answers
Q: Civil remedy for willful blindness in Missouri regarding property access and family disputes.

I have filed a civil claim for damages against a homeowner and a handyman due to an assault and battery incident. I believe the homeowner is willfully blind in recruiting the handyman known to be violent. Furthermore, the homeowner's management group continues to allow self-dealing agents,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 18, 2025

Willful blindness is not a cognizable cause of action in Missouri. I suggest you visit a law library and look at the verdict directors for assault and battery. Also educate yourself on respondeat superior. The verdict directors will show the elements that you must plead to state a claim.... View More

View More Answers

2 Answers | Asked in Domestic Violence and Criminal Law for Missouri on
Q: Is my domestic violence charge a misdemeanor or felony?

I have a court date on May 16 regarding a new charge for domestic violence. I want to know if this charge is considered a misdemeanor or a felony.

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Apr 1, 2025

It can be filed as either a felony or misdemeanor depending on the alleged facts. To know for certain you need to have an attorney review the actual charges. This can be part of the hiring process and you do need to hire an attorney to help with your case.

Do not discuss the case with...
View More

View More Answers

1 Answer | Asked in Domestic Violence for Missouri on
Q: Can I get a protective order in Missouri if my partner knows my prenatal appointments?

I am seeking information on obtaining a protective order in Missouri. My partner, who was drinking, kicked me out of his house, and I'm scared he may show up at my prenatal appointments since he knows when they're scheduled. I have moved to a new location, and he does not know where I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

In Missouri, you can seek an Order of Protection based on your fear of future harm, even without physical violence having occurred yet. Being kicked out of your home while pregnant, combined with your partner's drinking and your fear of him showing up at medical appointments, provides grounds... View More

1 Answer | Asked in Criminal Law, Child Custody, Civil Rights, Domestic Violence and Family Law for Missouri on
Q: What steps can I take to contest charges and regain custody after a warrant was served and CPS became involved?

On March 20, the police kicked in my door to serve a warrant related to a suspicion of delivery of a controlled substance. I was unaware of what they were talking about and was treated roughly; they slammed me to the ground, causing my clothing to become disarranged, which a male officer corrected.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

What you're going through is incredibly painful, and it’s clear how much your children mean to you. The first thing you can do is make sure all of your evidence is ready to be presented—this includes the video, any documents proving your prior CPS case was dropped, and anything that shows... View More

1 Answer | Asked in Landlord - Tenant, Domestic Violence, Family Law and Real Estate Law for Missouri on
Q: Can a landlord evict me while letting my husband stay, and change locks?

I have a verbal lease agreement with my landlord for five years. Recently, due to domestic arguments, I asked my husband to stay elsewhere after our son's suicide attempt. The landlord then claimed I had no right to ask my husband to leave, moved him back in, and transferred some of our... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

What you're going through sounds deeply painful and confusing, and it’s understandable to feel overwhelmed. Regardless of whether you have a written lease or a verbal agreement, you still have tenant rights, especially after living in the same home for five years. In most states, landlords... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Litigation for Missouri on
Q: How can my boyfriend's charge for violating an order of protection be dismissed after reconciliation and filed dismissal?

My boyfriend and I recently reconciled after a separation. During the separation, I obtained an order of protection against him due to pressure from my father, who threatened to hire a lawyer to take my son if I didn't comply. Although a temporary order was granted, we never went to court, and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Given that the order of protection has been dropped and there is no longer an active order, your boyfriend’s charge for violating the order may have a strong basis for dismissal. Since the temporary order was not followed by a court hearing and was later filed for dismissal, there may be no legal... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on
Q: How to correct inaccuracies in police statement for domestic assault charge?

I was charged with domestic assault in the 3rd degree. The police officers' statement incorrectly says that my wife and I got into a dispute in our driveway, but the incident actually involved an altercation with my cousin and his wife inside my own residence. The witnesses to the event were... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

To correct the inaccuracies in the police statement, the first step is to ensure that your version of events is properly documented. Since you’ve already appeared in court, you should inform your attorney about the discrepancies in the police statement. Your lawyer can request a correction to the... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence, Criminal Law and Family Law for Missouri on
Q: Can my daughter leave Michigan, move to Missouri with her child, and file for divorce there?

My daughter currently lives in Michigan and wants to leave her husband and move to Missouri with her 18-month-old son to be near us. Her husband was arrested for criminal sexual conduct with a minor under 16, and there will be protection orders against him. There are no custody arrangements in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

I'm really sorry your daughter is going through this. Her safety and her child’s well-being are the top priority, and it’s understandable that she wants to move closer to family for support. You're doing the right thing by asking these questions before taking action, especially when... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Missouri on
Q: I need legal help after changing my story about sexual assault without evidence or witnesses.

I was sexually assaulted on April 6, 2025. Initially, I altered my story to make it seem more believable with camera presence, but when I spoke to the police later, I shared the true events that occurred in my neighbor's driveway in the assailant's car. Due to changes in my story and lack... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

You have the right to report what happened without fear of punishment, and many jurisdictions offer you immunity when you come forward as a victim of sexual assault.

Start by getting a free consultation with a local victim‑witness advocate or legal aid office—these services can guide...
View More

2 Answers | Asked in Criminal Law and Domestic Violence for Missouri on
Q: Facing domestic assault charge, unsure if legal representation needed.

I am facing a second-degree domestic assault charge in which I'm accused of strangling someone. However, there are no witnesses, no medical evidence, and no injuries to support this claim. I have an audio recording of the incident during which we were arguing, and we fell due to momentum when... View More

John D James
John D James
answered on May 2, 2025

You are charged with a serious felony. Regardless of the facts, you need experienced legal counsel

View More Answers

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Missouri on
Q: Seeking help with custody and child support due to abuse by the father and changes in living situation in Missouri.

My children's father took me to court a few years ago, granting us joint legal and joint sole custody after holding my children from me for three years. My oldest son, who has experienced abuse, decided to stay with me last summer and no longer wishes to live with his father. Since then, his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

You have the right to seek a modification of both custody and child support orders in Missouri when there is a substantial change in circumstances, especially when it involves abuse or a major shift in the child’s living arrangement. If your son has been living with you consistently and is no... View More

Q: Can step-parent adoption stop grandparents' visitation rights in Missouri?

I am considering a step-parent adoption for my child, whose biological father passed away a few years ago. Currently, there is a mediated visitation agreement with the grandparents, though it hasn't been signed by a judge. I haven't informed the grandparents about the potential adoption,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

In Missouri, a step-parent adoption can potentially affect the grandparents' visitation rights, but it does not automatically terminate them. The law allows grandparents to petition for visitation, and unless there is a compelling reason to restrict their access, such as safety concerns or... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant, Civil Litigation and Contracts for Missouri on
Q: How can I retrieve vehicles and camper sold by my ex, located on someone else's property?

I have a situation where my ex and I co-own two trucks, and I possess the title to both. However, my ex has sold my camper—solely in my name—to the current property owner who refuses to let me retrieve my trucks. I was granted a full order for protection against my ex after a domestic violence... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

That’s an incredibly difficult and emotional situation, especially after going through a protective order hearing. The fact that your name is on the titles and you were awarded protection shows that your ownership and safety are being taken seriously—but the property owner isn’t legally bound... View More

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Missouri on
Q: Can I press charges after being pepper sprayed by roommate's girlfriend?

I was in my home when my roommate and his girlfriend began yelling at each other. I approached them to try to calm my roommate down, and his girlfriend pepper sprayed both of us. I washed my eyes out, but my face and eyes burned for a week, and I haven't fully recovered my vision. My eyes... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 26, 2025

You may call the police and ask them to take a report. You may also file a civil lawsuit if you feel it is worth doing so.

2 Answers | Asked in Employment Law, Civil Rights, Domestic Violence and Federal Crimes for Missouri on
Q: If the us supreme court dropped my case because it wasn't discrimination is there any other way to be compensated t

We were in a 2 year long legal dispute and 2 weeks away from my jury visit and they dropped it. I have PTSD and had a mask exemption. I was placed off the clock for having one and wasn't allowed to work after that unless I masked. I was a USPS Mail CarrierI was placed off the clock for having... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Dec 13, 2024

If your case has gone that far with the courts finding you are not entitled to any recovery, then you are done.

View More Answers

1 Answer | Asked in Divorce, Banking and Domestic Violence for Missouri on
Q: My husband has taken my name off of our accounts savings and checking and has blocked me from all money financially?

He won't give me money for groceries anymore there's no food in the house there's no toilet paper for 5 days I just am so sick from the cancer and depression from him just degrading me he text messages me from work

telling me he's going to come home and beat me up

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 6, 2024

Bad situation. If he is threatening you, get an order of protection to have him removed from the residence. Seek some social service assistance for abused women.

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for Missouri on
Q: on a 24-hour domestic hold officer made multiple false statements re: dispatch 911 convo specs to get warrant can he?

Officer threatened to handle this once & for all. Past personal conflict with arrestee. It's referencing a recorded dispatch call hiw can he get away with it? What can I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2024

You have the right to challenge any false statements made by an officer, especially if they were used to obtain a warrant. If you believe the officer made false claims, gather all relevant evidence, including the recorded 911 call. This evidence can be crucial in proving your case.

You...
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 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

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.