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Cape Girardeau County, MO

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Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer Cape Girardeau County, MO

Combs Waterkotte’s expert Cape Girardeau County, MO order of protection defense lawyers are trusted and esteemed criminal defense attorneys dedicated to safeguarding the rights and interests of individuals who have been served with a restraining order. With a impressive track record of excellence, Combs Waterkotte is committed to providing highly successful defense solutions to help good people caught in bad situations. Speak to an order of protection defense lawyer in Cape Girardeau County, MO today at (314) 900-HELP or contact us online for a no-risk, no-obligation 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 essential legal tool designed to ensure the safety of individuals who may be facing threats, harassment, or assault from another party. It serves as a court-issued directive–signed by a judge–that orders the alleged perpetrator to refrain from any form of contact with the petitioner.

Under Missouri Revised Statute §455.020, anybody who is a victim of domestic violence, stalking or sexual assault can file an restraining order alleging those actions against a current relative or someone who lives with them.

If a judge evaluates the petition and thinks there is “good cause”, they can provide an “ex parte order of protection,” which limits contact between the petitioner and their alleged abuser. The ex parte order occurs 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 immediate 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 Cape Girardeau County, 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 Cape Girardeau County, MO. If you were served with an order of protection in Cape Girardeau County, MO, reach out to Combs Waterkotte immediately at (314) 900-HELP. We will endeavor to have your order of protection dismissed and achieve the best possible outcome in your case.

Common Situations Involving Orders of Protection in Cape Girardeau County, MO

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

  1. Abuse — Abuse can be acts, attempts or threats involving:
    • Mistreating a pet
    • Assault, or putting another person in fear of being physically injured
    • Battery, or causing physical harm
    • Coercion, or leveraging threats to compel a person to comply
    • Harassment, or taking part in a course of conduct that “alarms or causes distress to another person and serves no legitimate purpose”
    • Sexual assault
    • Kidnapping, or holding somebody somewhere against their will
  2. Stalking Stalking implies deliberately engaging in an unwanted course of conduct that causes alarm.
    • Alarm means to trigger 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 means or device

In these intricate and intense scenarios, the advice and representation of an order of protection defense lawyer in Cape Girardeau County, MO can make all the difference in ensuring that the legal process is followed appropriately and that all parties’ rights are protected.

Combs Waterkotte: Your Cape Girardeau County, MO Order of Protection Defense Lawyer

Should you be facing an order of protection in Cape Girardeau County, MO, you need a defense lawyer with a thorough understanding of the intricacies involved. Our team of seasoned attorneys is well-versed in Cape Girardeau County and Missouri order of protection law. As your Cape Girardeau County, MO order of protection defense lawyer, we provide:

  • Proven successes Combs Waterkotte boasts a proven track record of achieving the best possible outcomes for clients who received orders of protection and/or criminal charges in Cape Girardeau County, MO. Each and every one of our clients have a right to have their story presented in court.
  • Expertise and experience — Our team comprises experienced legal professionals with thorough knowledge of order of protection laws, courtroom procedures and negotiation strategies. We leverage this expertise to craft robust defenses specific to your unique circumstances.
  • Legal consultation — We offer an initial consultation at no cost to assess the specifics of your case, answer your questions, discuss your legal options, and create a customized legal strategy.
  • Evidence collection — Our team helps in gathering and preserving essential evidence to fortify your defense, ensuring that no detail goes overlooked and the court will get the full version of both sides of the story.
  • Court representation — We provide steadfast representation in court proceedings, advocating for your rights and interests at all phases.
  • Negotiation — Our adept negotiators work to reach amicable resolutions when possible, striving to reduce the impact of an order of protection on your life.

By choosing Combs Waterkotte as your dedicated Cape Girardeau County, MO order of protection defense lawyer, you can rest assured that you are in capable hands, getting the assistance 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 Cape Girardeau County, MO, it is vital to take immediate and deliberate steps to get the best possible results in your case:

  • Read the order thoroughly — Begin by thoroughly reading the order of protection document you’ve been served. Understand its terms and restrictions to guarantee 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.
  • Obey the order — Adhere strictly to the stipulations mentioned in the order of protection. Any violation can lead to grave legal consequences, such as arrest.
  • Document all communication — Maintain a detailed record of any correspondence, interactions or incidents related to the petitioner. This log can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Immediately, contact a knowledgeable attorney with expertise in order of protection cases. Securing legal representation is essential to protect your rights and future most effectively.
  • Notify your attorney — Provide all applicable information with your attorney, such as details of the situation that caused the order of protection. Candidness is key to creating a robust defense.
  • Restrictions on possessions — If the order of protection includes restrictions on entering your home or possessions, adhere to these restrictions to steer clear of further legal complications.

Taking these swift steps will set the foundation for a robust defense and assist protect your rights throughout the Cape Girardeau County, MO order of protection case. Keep in mind that legal representation, akin to that provided by Combs Waterkotte’s Cape Girardeau County, MO order of protection defense attorneys, is essential to guide you through this process.

The Legal Process

After taking prompt steps following being served an order of protection, it’s essential to understand the legal process that will transpire:

  • Filing a response — Your attorney will assist you in crafting and filing a response to the order of protection. This response will detail your side of the story and your legal strategy.
  • Court dates — Stay informed of the court dates and hearings related to your case. Participate in all scheduled court appearances with your attorney to guarantee your voice is acknowledged and the court does not side with the petitioner before you have your day in court. The hearing usually comprises:
    • Presentation of evidence
    • Witness testimony
    • Cross-examination
    • Legal arguments
    • Issuance or denial of a protection order, along with the duration and explanation of terms (if granted)

Consequences of an Order of Protection in Cape Girardeau County, MO, Missouri

Confronting an order of protection can cause a spectrum of significant consequences that go 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 have in common children, a residence, or other common interests.
  • Impact on personal life — Orders of protection can lead to the loss of personal freedoms, such as limitations on where you can go and who you can spend time with.
  • Criminal charges — Infringing the terms of an order of protection can result in criminal charges, like arrest and possible incarceration.
  • Firearm restrictions — A respondent under an order of protection may be prohibited from owning 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 foreign national, having an order of protection issued against you may have consequences. Breaking an order of protection can also cause immigration-related issues.

Taking into account the severity of the potential consequences, you need experienced and committed legal representation. Combs Waaterkotte knows the subtleties of order of protection cases in Cape Girardeau County, MO and is committed to lessening the impact of these orders on your life. Our knowledgeable attorneys are devoted to defending your rights, investigating legal options, and aiming for the best possible outcome for your case. Don’t traverse the challenges of an order of protection alone – let Combs Waterkotte be your champion and guide.

Other cases we take on in Cape Girardeau County, MO include:

Call Combs Waterkotte’s Cape Girardeau County, MO Order of Protection Defense Lawyer Now

If you are confronted with an order of protection or require legal advice in such matters, we vigorously urge you to arrange for a consultation with Combs Waterkotte. In this vital initial meeting, you will have the chance to talk about the details of your case, convey your concerns, and obtain insights into the legal options open to you.

To begin the preliminary step in the direction of securing your defense in an order of protection case in Cape Girardeau County, MO, talk to an order of protection defense lawyer in Cape Girardeau County, MO now at (314) 900-HELP or contact us online for a free consultation.

Through Combs Waterkotte, we are committed to standing by your side through the legal journey, offering resolute support, expertise, and advocacy. Do not hesitate to contact us today to talk about your order of protection case in Cape Girardeau County, MO and take proactive steps towards safeguarding your rights and future.

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