Submitted by nor15236 t3_zfdmvx in springfieldMO
417SKCFAN t1_izbg9gc wrote
I would try to file a restraining order, there are also some resources listed here.
toxcrusadr t1_izbpx6i wrote
It doesn't sound like her brother is capable of abiding by a RO, or maybe even understanding what it is. What would be the point? Could he be arrested for violating it? Would that help anything? Just wondering.
417SKCFAN t1_izc3g4a wrote
Yes, that would then be the point. Violation of a restraining order means an arrest. The cops, without one, will likely not do anything as has been the case.
Numerous-Mix-9775 t1_izemh1l wrote
Technically we don’t have restraining orders in Missouri, but we do have ex partes (a restraining order can be used against anyone, an ex parte needs an established relationship). Here are the details and requirements to get one. This should qualify under Domestic Violence and Assault. An ex parte is active as soon as it’s been filed but it needs to be served by a sheriff’s deputy (civil division usually does this) to the respondent (who you are filing it against). If he can’t be tracked down, it’s going to be hard to serve it.
And ultimately, it is just a piece of paper. While he can be arrested for violating it, it won’t prevent anything from happening, especially when he’s in a state where he’s not really in touch with reality and may not be able to register what it is and what it involves.
417SKCFAN t1_izepbof wrote
OP has tried police intervention, so clearly wants protection of some sort. The best legal path to get the police to do something would be to follow the ex parte process. If he shows up, then he can be served.
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