Order of Protection: A man’s home is still his castle

A man’s home is still his castle. The Missouri Western District Court of Appeals determined recently that Missouri’s “castle doctrine” self-defense law applies to prevent a mother from getting an order of protection against the father of her child who pulled a gun on her when she barged into his home and attacked him. The mother sought an order of protection (also referred to as a “restraining order”) against the father, but the circuit judge denied her request. The “castle doctrine” no longer requires a person to retreat to their home. Instead, a person may use deadly force against another person who unlawfully enters his or her home. The Court of Appeals determined that father was legally justified in his actions. See McAlister v. Strohmeyer, WD75160.   Note that this opinion was based upon a specific set of facts and whether this ruling would apply in a different context is unknown.

For more information regarding orders of protection, restraining orders, domestic violence, and family law, please contact Scott A. Hamblin at www.brydonlaw.com or scotthamblin@brydonlaw.com.