Order of Protection Defense Lawyer

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Posted by Christopher Combs on January 30, 2024

St. Louis Order of Protection Lawyer

If you were served with a restraining order in St. Louis you need an order of protection defense lawyer to protect your rights and interests. Combs Waterkotte’s St. Louis order of protection defense lawyers are trusted and esteemed criminal defense attorneys dedicated to safeguarding the rights and interests of individuals facing legal challenges. With a proven track record of excellence, Combs Waterkotte is committed to providing effective legal solutions tailored to the unique needs of our clients. Speak to a St. Louis order of protection defense lawyer today at (314) 900-HELP or contact us online for a free consultation. Take a look at our defense victories here.

What Is an Order of Protection?

An order of protection, also known as a restraining order, is a legal instrument designed to ensure the safety and well-being of individuals who may be facing threats, harassment or violence from another party. It serves as a court-issued directive–signed by a judge–that mandates the alleged perpetrator to refrain from any form of contact with the person who requested the order of protection.

Under Missouri Revised Statute §455.020, anybody who is a victim of domestic violence, stalking or sexual assault can file an order of protection alleging those actions against a present or former family member or household member.

If a judge determines there is “good cause,” they can issue an “ex parte order of protection,” which limits contact between the alleged victim and their alleged abuser. The ex parte order occurs before a hearing and remains in effect until a hearing. If a hearing doesn’t take place within 15 days the immediate protection automatically expires. After the hearing, a judge can issue a full order the lasts between 180 days to up to two years, depending on how serious a threat the St. Louis judge thinks you are.

It’s at this hearing that you need your rights and interests protected by expert order of protection defense lawyers in St. Louis. If you were served with an order of protection in St. Louis, call Combs Waterkotte now at (314) 900-HELP. We will work to have your order of protection dismissed and get the best possible resolution to your case.

Common Situations Involving Orders of Protection in St. Louis

Missouri’s Domestic Violence Act offers two main instances where someone can file an order of protection, abuse and stalking:

  1. Abuse — Abuse can be acts, attempts or threats involving:
    • Abusing a pet
    • Assault, or placing another person in fear of physical harm
    • Battery, or causing physical harm
    • Coercion, or using threats to force a person to do something or not do something
    • Harassment, or engaging in a course of conduct that “alarms or causes distress to another person and serves no legitimate purpose”
    • Sexual assault
    • Unlawful imprisonment, or keeping somebody somewhere against their will
  2. Stalking Stalking means purposefully engaging in an unwanted course of conduct that causes distress or alarm:
    • Alarm means to cause fear of physical harm
    • Course of conduct means two or more acts that “serve no legitimate purpose” including following, monitoring, observing, surveilling, threatening, or communicating through any method or device

In these complex and emotionally charged scenarios, the guidance and representation of an order of protection defense lawyer in St. Louis can make all the difference in ensuring that the legal process is followed correctly and that everyone’s rights are protected.

Combs Waterkotte: Your St. Louis Order of Protection Defense Lawyer

If you’re facing an order of protection in St. Louis, you need a defense lawyer with a deep understanding of the intricacies involved. Our team of experienced attorneys is well-versed in St. Louis and Missouri order of protection law. As your St. Louis order of protection defense lawyer, we offer:

  • Proven successes Combs Waterkotte has a proven track record of achieving the best possible outcomes for clients facing orders of protection and/or criminal charges in St. Louis. All of our clients deserve to have their story heard in court.
  • Expertise and experience — Our team comprises seasoned legal professionals with in-depth knowledge of order of protection laws, courtroom procedures, and negotiation strategies. We leverage this expertise to craft robust defenses tailored to your unique circumstances.
  • Legal consultation — We provide an initial consultation free of charge to assess the specifics of your case, answer your questions, go over your legal options, and develop a customized legal strategy.
  • Evidence collection — Our team assists in gathering and preserving crucial evidence to bolster your defense, ensuring that no detail goes overlooked and the court will hear the full version of both sides of the story.
  • Court representation — We offer steadfast representation in court proceedings, advocating for your rights and interests at every step.
  • Negotiation — Our skilled negotiators work to reach amicable resolutions when possible, and strive to mitigate the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated St. Louis order of protection defense lawyer, you can rest assured that you are in capable hands, receiving the support and advocacy you need during this challenging time.

What to Do After Being Served With an Order of Protection

Immediate Actions

When served with an order of protection in St. Louis, it is crucial to take immediate and deliberate steps to protect your rights and interests:

  • Read the order thoroughly — Begin by carefully reading the order of protection document you’ve been served. Understand its terms and restrictions to ensure compliance. While you may not agree with everything it says, understanding it and following it until the hearing is in your long-term best interest.
  • Do not violate the order — Adhere strictly to the stipulations outlined in the order of protection. Any violation can lead to serious legal consequences, including arrest.
  • Document all communication — Keep a detailed record of any communication, interactions or incidents involving the other party. This documentation can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Without delay, reach out to a qualified attorney with experience in order of protection cases. Securing legal representation is paramount to protect your rights and future most effectively.
  • Notify your attorney — Share all relevant information with your attorney, including details of the situation that led to the order of protection. Transparency is key to building a robust defense.
  • Restrictions on possessions — If the order of protection includes restrictions on accessing your home or possessions, comply with these restrictions to avoid further legal complications.

Taking these immediate actions will lay the foundation for a strong defense and help safeguard your rights during the St. Louis order of protection case. Remember that legal representation, such as that provided by Combs Waterkotte’s St. Louis order of protection defense attorneys, is essential to guide you through this process.

The Legal Process

After taking immediate steps after being served an order of protection, it’s essential to understand the legal process that will unfold:

  • Filing a response — Your attorney will assist you in preparing and filing a response to the order of protection. This response will outline your side of the story and the legal defenses you have.
  • Court dates — Be aware of the court dates and hearings associated with your case. Attend all scheduled court appearances with your attorney to ensure your voice is heard and the court does not side with the petitioner before you have your day in court. The hearing usually includes:
    • Presentation of evidence
    • Witness testimony
    • Cross-examination
    • Legal arguments
    • Issuance or denial of a protection order, including duration and explanation of terms (if granted)

Consequences of an Order of Protection in St. Louis, Missouri

Facing an order of protection can lead to a range of significant consequences that extend beyond the courtroom:

  • Restrictions on contact — The most immediate consequence is the mandated restriction on contacting the protected party. This can disrupt personal relationships, especially if you share children, a residence, or other common interests.
  • Impact on personal life — Orders of protection can result in the loss of personal freedoms, such as limitations on where you can go and who you can associate with.
  • Criminal charges — Violating the terms of an order of protection can lead to criminal charges, including arrest and potential incarceration.
  • Firearm restrictions — A respondent subject to an order of protection may be prohibited from possessing firearms under federal law.
  • Suspension of concealed carry permit — A concealed carry permit may be suspended if the holder becomes subject to a valid full order of protection.
  • Immigration consequences — If you’re an immigrant, having an order of protection issued against you may have consequences. Violating an order of protection can also lead to immigration-related issues.

Given the seriousness of the potential consequences, you need to have experienced and dedicated legal representation. Combs Waterkotte understands the nuances of order of protection cases in St. Louis, MO and is dedicated to minimizing the impact of these orders on your life. Our experienced attorneys are committed to protecting your rights, exploring legal options, and pursuing the best possible outcome for your case. Don’t navigate the complexities of an order of protection alone – let Combs Waterkotte be your advocate and guide.

Call Combs Waterkotte’s St. Louis Order of Protection Defense Lawyer For a Free Consultation

If you are facing an order of protection or require legal guidance in such matters, we strongly encourage you to schedule a consultation with Combs Waterkotte. During this crucial initial meeting, you will have the opportunity to discuss the details of your case, express your concerns, and gain insights into the legal options available to you.

To take the first step towards securing your defense in an order of protection case in St. Louis, speak to an order of protection defense lawyer in St. Louis today at (314) 900-HELP or contact us online for a free consultation.

At Combs Waterkotte, we are committed to standing by your side throughout the legal journey, offering unwavering support, expertise, and advocacy. Don’t hesitate to reach out to us today to discuss your order of protection case in St. Louis and take proactive steps toward safeguarding your rights and future.

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