What Happens If You Violate an Ex Parte Order in Missouri?

Violating an ex parte order of protection in Missouri is a crime. A first offense is a Class A misdemeanor punishable by up to a year in jail, and a repeat violation within five years becomes a Class E felony carrying up to four years in prison.¹² The order takes effect the moment a judge signs it, police must arrest on probable cause, and the consequences reach well past the criminal case itself.

The Criminal Charge for a First Violation

Section 455.085 makes it a Class A misdemeanor to violate the terms of an ex parte order of protection. In Missouri, that classification carries a maximum sentence of one year in jail.² A fine is also possible, and the court can impose both.

The conduct that counts as a violation is specific. Contacting the petitioner by any method, showing up at their home, workplace, or school, coming within a restricted distance, or interfering with a child custody arrangement set out in the order all qualify.¹ Third-party contact (asking a friend or relative to pass along a message) is still contact. A single text, a drive-by, or a social media message can trigger charges just as surely as a direct confrontation.

When the Charge Becomes a Felony

If the respondent has previously been found guilty of violating any order of protection within the preceding five years, the new violation is a Class E felony. The maximum sentence jumps to four years in prison.¹

Two details about the lookback are worth pinning down. The five years run from the date of the prior guilty finding to the date of the new violation, so a conviction from four years ago still pulls a current incident into felony territory. And the prior order does not have to be an ex parte order. A past violation of a full order of protection counts the same way, and a current violation of either type can be the second strike.

Mandatory Arrest

Missouri does not leave the arrest decision to the responding officer’s judgment. Under Section 455.085, a law enforcement officer who has probable cause to believe a violation has occurred must arrest the respondent, even if the officer did not witness the conduct.¹ The statute uses “shall arrest,” not “may arrest.” A petitioner’s call describing a prohibited contact, combined with corroborating evidence like a text message or a witness, is often enough probable cause to put the respondent in handcuffs on the spot.

Because every protection order is entered into Missouri’s law enforcement database (MULES) and the National Crime Information Center (NCIC) within 24 hours of issuance, an officer running a check anywhere in the country can see the order almost immediately.³ There is no realistic scenario in which responding officers simply don’t know the order exists.

Contempt of Court

Criminal prosecution is not the only track. A respondent who violates an ex parte order can also be held in contempt of court. Under Section 476.120, contempt may be punished by fine, jail time, or both at the court’s discretion.⁴ Contempt exists to enforce the court’s authority and deter further defiance, which is a different purpose than the criminal statute serves. The same conduct can produce a criminal case and a contempt proceeding, and one does not preclude the other.

Does Notice Matter?

The ex parte order is valid and enforceable the moment the judge signs it. Section 455.035 states explicitly that failure to serve the order does not affect its validity or enforceability.⁵ For purposes of the order itself, the respondent’s awareness is beside the point.

Criminal prosecution is different. A conviction under Section 455.085 requires that the respondent had notice of the order.¹ A respondent who genuinely did not know the order existed has a defense against charges for conduct that happened before they learned of it. Once service occurs, that defense is gone. The practical takeaway: when a sheriff’s deputy hands over paperwork, read it carefully that day, because the clock on strict compliance has already started.

Collateral Consequences

The sentence imposed by the criminal court is only one piece of what a violation costs. Protection orders are public records and surface on background checks, which creates problems for job applications, promotions, and security clearances. Positions in law enforcement, government, and other fields that require trust or firearm access are especially sensitive. A criminal conviction for violating the order compounds the damage, because employers typically ask about criminal history as a separate question from civil orders.

A felony conviction, in particular, carries the long tail that any felony does in Missouri: loss of firearm rights under state law, difficulty with housing applications, and the stigma that follows a record indefinitely.

Enforcement Across State Lines

Crossing a state line does not reset anything. Under the Violence Against Women Act, every state must give full faith and credit to protection orders issued by other states and enforce them as if they were local orders. This applies to ex parte orders as well as full orders, as long as the issuing court had jurisdiction, the respondent will receive reasonable notice and an opportunity to be heard within the time required by the issuing state’s law, and the order is otherwise consistent with due process.⁶

The respondent does not have to register the order in the new state for it to be enforced there, and police in the enforcing state cannot require registration as a condition of enforcement.⁶ A violation committed in another state can trigger arrest there and prosecution either there or back in Missouri.

What the Ex Parte Order Does Not Trigger: Federal Firearm Prohibition

One point of frequent confusion for respondents facing an ex parte order: the federal firearm ban under 18 U.S.C. § 922(g)(8) does not attach yet. The federal prohibition applies only to orders issued after a hearing at which the respondent received actual notice and had an opportunity to participate.⁷ Because an ex parte order is issued before the respondent has a chance to appear, it does not satisfy that requirement. The federal ban kicks in only if the court issues a full order of protection after the contested hearing, which must happen within 15 days of filing.³ Once a full order issues, possessing a firearm becomes a federal crime that can carry up to 10 years in prison, a point the U.S. Supreme Court addressed in United States v. Rahimi (2024) when it upheld the statute.⁸

If You Have Been Served With an Ex Parte Order

Treat every term in the order as a bright line. No contact means no phone calls, no texts, no emails, no social media messages, no messages passed through friends or family, and no incidental run-ins that you could have avoided. A stay-away order means not entering the listed address even if your name is on the lease or deed. If an order’s terms create a genuine practical problem (shared property, co-parenting logistics, a workplace you cannot avoid), the answer is to ask the court to modify the order, not to work around it. Section 455.035 allows the court to modify a protection order after notice and a hearing on a showing of changed circumstances.⁵ The full hearing itself, which must happen within 15 days of the petition being filed, is also the moment to contest the order on the merits with evidence, witnesses, and cross-examination.

1
Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 455.085
2
Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 558.011
3
Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 455.040
4
Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 476.120
5
Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 455.035
6
Office of the Law Revision Counsel. 18 U.S. Code 2265 – Full Faith and Credit Given to Protection Orders
7
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
8
Supreme Court of the United States. United States v. Rahimi, No. 22-915