Order of Protection Lawyer Benton, MO
If you were served with a restraining order in Benton, MO you need a knowledgeable order of protection defense lawyer to protect your rights and interests. With a established track record of excellence, Combs Waterkotte is committed to providing highly successful legal solutions to help good people caught in bad situations. Speak to an order of protection defense lawyer in Benton, MO today at (314) 900-HELP or reach out to us through our website for a complimentary consultation. Take a look at our defense victories here.
Understanding Orders of Protection
An order of protection, also known as a restraining order, is a vital legal instrument designed to safeguard individuals who may be dealing with risks, harassment, or violence from another party. It is a court-issued document–signed by a judge–that orders the accused to avoid 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 current family member or someone who lives with them.
If a judge evaluates the petition and thinks there is “good cause”, they can issue an “ex parte order of protection,” which limits contact between the petitioner and their alleged abuser. The ex parte order is issued before a hearing and remains in effect until all parties gather for a court appearance. If a hearing doesn’t occur within 15 days, the order of protection automatically expires. After the hearing, a judge can issue a full order that lasts between 180 days to up to two years, depending on how serious a threat the Benton, MO judge thinks you are.
It’s at this hearing that you need your rights and future protected by talented order of protection defense lawyers in Benton, MO. If you were given an order of protection in Benton, MO, get in touch with Combs Waterkotte as soon as possible at (314) 900-HELP. We will endeavor to have your order of protection dismissed and obtain the best possible outcome in your case.
Common Situations Involving Orders of Protection in Benton, MO
Missouri’s Domestic Violence Act presents two main instances where someone can file an order of protection: abuse and stalking.
- Abuse — Abuse can be acts, attempts or threats involving:
- Injuring a pet
- Assault, or putting another person in fear of being physically injured
- Battery, or inflicting physical harm
- Coercion, or employing threats to force a person to act in a certain way
- Harassment, or taking part in a course of conduct that “alarms or causes distress to another person and serves no legitimate purpose”
- Sexual assault
- Unlawful imprisonment, or holding somebody somewhere against their will
- Stalking — Stalking implies purposefully participating in an unwanted course of conduct that causes alarm.
- Alarm means to cause fear of physical harm
- Course of conduct means two or more acts that “serve no legitimate purpose” like tracking, monitoring, observing, surveilling, threatening, or communicating through any means or device
Within such complicated and highly emotional scenarios, the guidance and representation of an order of protection defense lawyer in Benton, MO can prove to be all the difference in guaranteeing that the legal process is adhered to appropriately and that everyone’s rights are protected.
Combs Waterkotte: Your Benton, MO Order of Protection Defense Lawyer
Should you be facing an order of protection in Benton, MO, you need a defense lawyer with a deep understanding of the details involved. Our team of experienced attorneys is adept in Benton and Missouri order of protection law. As your Benton, MO order of protection defense lawyer, we provide:
- Proven successes — Combs Waterkotte has a consistent history of securing the best possible outcomes for clients facing orders of protection and/or criminal charges in Benton, MO. Every single one of our clients deserve to have their story heard in court.
- Expertise and experience — Our team is made up of veteran legal professionals with deep knowledge of order of protection laws, courtroom procedures and negotiation strategies. We utilize this expertise to design robust defenses suited for your unique circumstances.
- Legal consultation — We provide an initial consultation at no cost to evaluate the specifics of your case, address your questions, go over your legal options, and develop a customized legal strategy.
- Evidence collection — Our team works in collecting and preserving essential evidence to bolster your defense, ensuring that no detail is ignored and the court will receive the full version of every angle of the story.
- Court representation — We provide unwavering representation in court proceedings, standing up for your rights and future at all phases.
- Negotiation — Our skilled negotiators endeavor to reach amicable resolutions when possible, striving to lessen the impact of an order of protection on your life.
By choosing Combs Waterkotte as your dedicated Benton, MO order of protection defense lawyer, you can feel certain that you are in trustworthy hands, getting the assistance and advocacy you require during this difficult time.
What to Do After Being Served With an Order of Protection
Immediate Actions
When served with an order of protection in Benton, MO, it is imperative to take immediate and deliberate steps to get the best possible results in your case:
- Read the order thoroughly — Start with thoroughly reading the order of protection document you’ve been served. Grasp its terms and restrictions to ensure compliance. While you may not agree with everything it says, comprehending it and adhering to it until the hearing is in your best long-term advantage.
- Obey the order — Comply closely to the stipulations mentioned in the order of protection. Any violation can lead to grave legal consequences, like criminal charges.
- Document all communication — Hold onto a detailed record of any communication, interactions or incidents involving the person who requested the order of protection. This record can serve as essential evidence in your defense.
- Contact an order of protection defense lawyer — Immediately, get in touch with a competent attorney with expertise in order of protection cases. Securing legal representation is paramount to safeguard your rights and future in the most optimal way.
- Notify your attorney — Give all relevant information with your attorney, like details of the situation that resulted in the order of protection. Candidness 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 steer clear of further legal complications.
Taking these prompt actions will set the foundation for a robust defense and help safeguard your rights throughout the Benton, MO order of protection case. Keep in mind that legal representation, akin to that provided by Combs Waterkotte’s Benton, MO order of protection defense attorneys, is vital to lead you through this process.
The Legal Process
Upon taking prompt steps following being served an order of protection, it’s imperative to understand the legal process that will occur:
- Filing a response — Your attorney will aid you in preparing and filing a response to the order of protection. This response will depict your side of the story and the legal defenses you have.
- Court dates — Be aware of the court dates and hearings tied to your case. Be present at all scheduled court appearances with your attorney to ensure your voice is recognized and the court does not side with the petitioner before hearing your version of events. The hearing usually consists of:
- Presentation of evidence
- Witness testimony
- Cross-examination
- Legal arguments
- Granting or refusal of a protection order, accompanied by the duration and explanation of terms (if granted)
Consequences of an Order of Protection in Benton, MO, Missouri
Confronting an order of protection can result in a variety of significant consequences that reach beyond the courtroom:
- Restrictions on contact — The most immediate consequence is the mandated restriction on communicating with the protected party. This can disrupt personal relationships, notably if you share children, a residence, or other common interests.
- Impact on personal life — Orders of protection can lead to the loss of personal freedoms, such as constraints on where you can go and who you can spend time with.
- Criminal charges — Infringing the terms of an order of protection can cause criminal charges, such as arrest and possible incarceration.
- Firearm restrictions — A respondent facing an order of protection may be forbidden from having firearms as per federal law.
- Suspension of concealed carry permit — A concealed carry permit may be suspended if the holder is affected by a valid full order of protection.
- Immigration consequences — If you’re an foreign national, having an order of protection placed on you may have consequences. Violating an order of protection can also result in immigration-related issues.
Considering the gravity of the potential consequences, you need experienced and dedicated legal representation. Combs Waaterkotte knows the nuances of order of protection cases in Benton, MO and is focused on lessening the impact of these orders on your life. Our knowledgeable attorneys are committed to protecting your rights, looking into legal options, and aiming for the best possible outcome for your case. Don’t wade through the complexities of an order of protection alone – have Combs Waterkotte be your advocate and guide.
Call Combs Waterkotte’s Benton, MO Order of Protection Defense Lawyer For a Free Consultation
In the event that you are dealing with an order of protection or need legal guidance in such matters, we highly encourage you to set up a consultation with Combs Waterkotte. During this vital initial meeting, you will have the opportunity to discuss the details of your case, voice your concerns, and obtain insights into the legal options open to you.
To begin the first step in the direction of safeguarding your defense in an order of protection case in Benton, MO, talk to an order of protection defense lawyer in Benton, MO now at (314) 900-HELP or contact us online for a free consultation.
With Combs Waterkotte, we are focused on standing by your side throughout the legal journey, offering steadfast support, knowledge, and advocacy. Don’t wait to get in touch with us now to discuss your order of protection case in Benton, MO and take proactive steps towards defending your rights and future.
