What is an “Order of Protection” in Missouri? Chris Combs and Steve Waterkotte, what is an order of protection, and what could it mean if served in Missouri? Order of protection defense lawyers in Missouri.
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Steve Waterkotte: It becomes more complex, more expensive, and more time consuming. But, it can be done.
Now folks that show up for a hearing, lose, and they call and say, “Hey, what can I do now?” We start talking about exploring the process of what an appeal looks like. We do more appeals in this area than any other firm in the state of Missouri. In fact, I just challenged – first ever challenge in Missouri – the newly enacted statute that allows judges to enter an order of protection for a period of up to 10 years.
Scott Michael Dunn: Oh, wow.
Steve Waterkotte: And that’s relatively new. Prior to that, you could only get one for a period of one year with an automatic renewal for a year, which in effect would be two years. Then it makes the petitioner come back each year and try to renew it and things like that.
Well, the legislature has created this new law that allows petitioners in cases that meet certain requirements to get an order of protection against the respondent for 10 years.
I had a case where I didn’t represent the individual at the trial court level, but after the judge in that case ruled and entered an order of protection for 10 years, they called our office. I was very interested because again, this hadn’t been challenged yet.
Chris Combs: Unchartered territory.
Steve Waterkotte: Yeah, and it was the first appeal in this area. We took the case on. It was gonna be a difficult case. [There were] difficult facts. But nonetheless we jumped in very eager to do it. We lodged the first ever challenge to that law in the state of Missouri.
Unfortunately, we were not successful. That said, again, those facts were very difficult in that particular case. But, we’re proud of the fact that we did challenge this, and it created some law. The statute was fairly vague and broad. In the case we brought, the court of appeals expounded on what it requires a petitioner to prove to get that 10 year order of protection.
Scott Michael Dunn: Wow. That’s a huge leap. To make things like that happen.
Steve Waterkotte: Yeah. In a 10 year order, I always say, there’s a stigma that attaches to these order protection cases. You are labeled an abuser or a stalker.
Chris Combs: Violent.
Steve Waterkotte: Or somebody who’s sexually assaulted somebody. There is certainly a stigma that comes along with having one of these. These are on CaseNet. Employers look that up and you’re going, “Whoa, that’s a humongous red flag.” If you were doing a background check and you say, “Hey, this guy who had an order of protection entered against him.”
Now they’ll do it for 10 years. You already have red flags under a year, but now a 10 year, certainly you’re going, “Oh, there’s some serious red flags. What the hell did this person do to have that order of protection against them for 10 years?”
If you need Missouri’s leading order of protection defense team to defend your rights and freedom, speak to one of our attorneys today at (314) 900-HELP or contact us online for a free case review.
