Orders of protection: Timely and tedious, but worth it

By Alex Fees

KSDK -- Orders of protection are civil matters people file when they are afraid someone close to them is about to cause them harm.

We generally hear about such protection orders when they fail and someone winds up dead. Such was the case last Saturday, near DeSoto. Deputies with Jefferson County Sheriff's Department shot and killed 70-year-old James Stallings after he fatally wounded his estranged wife, 68-year-old Carolyn, outside the Baish Nursing Center where Carolyn worked.

Sheriff's department officials say they served James with an order of protection on behalf of Carolyn earlier that week.

On September 18, St. Louis police say Melissa Amerson, 26, was shot and killed by Rodney Morris-El, the father of her children, in south St. Louis. Amerson was loading her children into her van when it happened. Morris-El shot and killed himself after murdering Amerson. Amerson had filed for an order of protection against Morris-El.

Still, attorneys and abuse counselors say orders of protection are overwhelmingly successful and effective.

"In the large majority of the cases, orders of protection are useful and helpful," said J.D. Fisk, a local family law attorney. "They really make a difference in people's lives."

Alive is a domestic violence agency which helps people who are being threatened by others. Crisis intervention specialist Susannah Altesman says there are safety measures people need to launch at the same time they file for the order of protection.

"I think no matter what, you should talk to supportive family and friends. Be wary of who you share that you're getting an order, because if they tell the person you're getting it against, they can hide from service, and not be served and prolong the process. But I also think it's important to talk to domestic violence services," Altesman said. "There's so many in the community, that can help work on safety planning, finding a shelter, a safe place, a confidential location where that person can't find them, learning to copy important documents, put them in a safe place, have an emergency bag."

Altesman points out that the time immediately after a petitioner files for an order of protection can be very dangerous. In fact, it's so well known amongst those in the domestic abuse counseling industry, it has a name.

"They go and get this order of protection, they leave the house, they say, 'I'm done with a relationship. I may be getting a divorce, I'm done.' And they're exercising their control and that, for whatever reason, instigates violence. It's called separation-instigated violence," Altesman said.

Fisk adds, "Sometimes when a petitioner files, that will affect the respondent's sense of his own power and his own control."

Altesman said a petitioner can decrease the threat against them by finding a new place to stay and essentially going into hiding.

"See if you can't stay with some family members...if there's an aunt that respondent didn't know about, going to stay there," she said. "There's also domestic violence shelters, three in the city of St. Louis, one in St. Louis County, one in St. Charles County, and numerous outside of Missouri."

Altesman also said it's important to see the process through to the end and make sure the petitioner gives the court enough information about the respondent to make sure they are served with the order of protection. Mainly, the court needs an address where they can find the respondent.

"I think service is really big," said Altesman. "We always talk about that. When you file you want to go with addresses for that person to be found at -- work, home. And the sheriff's have limitations where they can go. They're not going to a bar to find him; they're going to go to a work or home. And if that person's out in a different county, you have to notify the sheriffs in that county."

Fisk said some counties will help petitioners notify law enforcement agencies of the respondent's address.

"In particular counties the courts themselves will fax a copy of that order to the police station, and that's how they are informed of that information," Fisk said. "It can also affect if somebody shows up and has not been served yet with that completed order of protection. The police don't automatically arrest in that situation because they feel they need to have that notice, first."

The St. Louis Circuit Clerk's Office only began faxing such orders to corresponding county sheriff's departments on September 18, after Melissa Amerson died.

Fisk said a petitioner does not need an attorney to file for an order of protection because the original statute is designed so that people would not need an attorney to apply.

"Each of the courthouses has a specific office designed for orders of protection and there are clerks who are trained specifically for that purpose," Fisk said. "They're not attorneys, but they can help you fill out the paperwork and talk you through the process. The courts in St. Louis city and St. Louis County also have advocates from the local advocacy agencies who help people in that situation."

Fisk said protection orders generally last for six months or a year and can be renewed twice.

"We hear about the terrible stories where people end-up dead," said Fisk. "Many, many people get orders of protection and they help them, they protect them. I've done hundreds of orders of protection. They really give them a sense of safety in their own home."

Still, Altesman said they come with a price to pay for the petitioner.

"Having an order of protection means you're going to disrupt your life for a period of time, court dates, or maybe having to leave, where you've been living, and kind of uproot your current existence," she said.