How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2937
Experience:  associate attorney
84496330
Type Your Family Law Question Here...
Christopher B, Esq. is online now
A new question is answered every 9 seconds

My wife filed and was awarded a full order of protection

Customer Question

Hello,
My wife filed and was awarded a full order of protection with allegations that were false without evidence or documentation. How can I appeal the order?
Submitted: 5 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 5 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com. Was this a temporary order or a permanent order?

Expert:  Christopher B, Esq. replied 5 months ago.

I am assuming you are using a full order of protection as a permanent order and you have had a final hearing. You normally cannot appeal an order on the facts as there must be some procedural issue that the court got wrong or applied wrong to win an appeal. Simply saying the allegations are false will not work. Showing there was improper documentation and the court decided wrong is possible but VERY difficult. The restraining order process is designed to allow an order to be issued very easily, and to be appealed, stopped, or vacated only with the utmost difficulty. See below for modification and appeal statute: see link: http://www.moga.mo.gov/mostatutes/stathtml/45500000601.html

455.060. 1. After notice and hearing, the court may modify an order of protection at any time, upon subsequent motion filed by the guardian ad litem, the court-appointed special advocate or by either party together with an affidavit showing a change in circumstances sufficient to warrant the modification. All full orders of protection shall be final orders and appealable and shall be for a fixed period of time as provided in section 455.040.

See link for MO appealed case decision that might help you: http://www.courts.mo.gov/file.jsp?id=54941

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Expert:  Christopher B, Esq. replied 5 months ago.

Just checking back in, do you have any further question?

Related Family Law Questions