Order of Protection Lawyer Cape Girardeau, MO
If you were hit with a restraining order in Cape Girardeau, MO you need an experienced order of protection defense lawyer to protect your rights and interests. With a proven 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 Cape Girardeau, MO today at (314) 900-HELP or contact us online for a no-risk, no-obligation consultation. You can check out our defense victories here.
What Is an Order of Protection?
An order of protection, also called a restraining order, is a vital legal instrument designed to ensure the safety of individuals who may be facing dangers, harassment, or assault from someone else. It serves as a court-issued document–signed by a judge–that compels the alleged perpetrator to avoid any form of contact with the petitioner.
Under Missouri Revised Statute §455.020, anybody who has suffered from domestic violence, stalking or sexual assault can file an order of protection alleging those actions against a current relative or someone who lives with them.
If a judge determines there is “good cause”, they can provide an “ex parte order of protection,” which limits contact between the alleged victim and they person they say abused them. 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 take place 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, MO judge thinks you are.
At this crucial hearing you need your rights and future protected by experienced order of protection defense lawyers in Cape Girardeau, MO. If you were given an order of protection in Cape Girardeau, MO, reach out to Combs Waterkotte right away at (314) 900-HELP. We will strive to have your order of protection dismissed and secure the best possible resolution to your case.
Common Situations Involving Orders of Protection in Cape Girardeau, MO
Missouri’s Domestic Violence Act provides two primary instances where someone can file an order of protection: abuse and stalking.
- Abuse — Abuse can be acts, attempts or threats involving:
- Mistreating a pet
- Assault, or putting another person in fear of physical harm
- Battery, or inflicting physical harm
- Coercion, or leveraging threats to pressure a person to follow a specific action
- Harassment, or engaging 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
- Stalking — Stalking means intentionally undertaking an unwanted course of conduct that causes alarm.
- Alarm means to invoke 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 medium or device
Within such complicated and intense scenarios, the guidance and representation of an order of protection defense lawyer in Cape Girardeau, MO can prove to be all the difference in guaranteeing that the legal process is followed appropriately and that no ones rights are infringed on.
Combs Waterkotte: Your Cape Girardeau, MO Order of Protection Defense Lawyer
If you’re facing an order of protection in Cape Girardeau, MO, you should have a defense lawyer with a deep understanding of the nuances involved. Our team of knowledgeable attorneys is proficient in Cape Girardeau and Missouri order of protection law. As your Cape Girardeau, MO order of protection defense lawyer, we offer:
- Proven successes — Combs Waterkotte boasts a proven history of securing the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Cape Girardeau, MO. All of our clients are entitled to have their story presented in court.
- Expertise and experience — Our team is made up of seasoned legal professionals with deep knowledge of order of protection laws, courtroom procedures and negotiation strategies. We utilize this expertise to craft robust defenses suited for your unique circumstances.
- Legal consultation — We extend an initial consultation at no cost to examine the specifics of your case, respond to your questions, review your legal options, and develop a customized legal strategy.
- Evidence collection — Our team assists in collecting and preserving essential evidence to fortify your defense, making sure that no detail is missed and the court will hear the full version of every angle of the story.
- Court representation — We offer resolute representation in court proceedings, fighting for your rights and future at all phases.
- Negotiation — Our talented 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 Cape Girardeau, MO order of protection defense lawyer, you can be confident that you are in capable hands, getting the support and advocacy you need during this tough time.
What to Do After Being Served With an Order of Protection
Immediate Actions
Whenever served with an order of protection in Cape Girardeau, MO, it is vital to take immediate and deliberate steps to defend your rights and interests:
- Read the order thoroughly — Begin by thoroughly reading the order of protection document you received. Comprehend its terms and restrictions to make sure of compliance. While you may not accept everything it says, comprehending it and adhering to it until the hearing is in your best interest in the long run.
- Obey the order — Comply closely to the stipulations outlined in the order of protection. Any violation can cause grave legal consequences, including criminal charges.
- Document all communication — Maintain a thorough record of any correspondence, interactions or incidents related to 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, contact a knowledgeable attorney with a background in order of protection cases. Getting legal representation is paramount to protect 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 caused the order of protection. Transparency is key to building a robust defense.
- Restrictions on possessions — If the order of protection comes with restrictions on entering your home or possessions, comply with these restrictions to prevent further legal complications.
Taking these prompt steps will lay the foundation for a solid defense and aid safeguard your rights throughout the Cape Girardeau, MO order of protection case. Remember that legal representation, like that provided by Combs Waterkotte’s Cape Girardeau, MO order of protection defense attorneys, is crucial to lead you through this process.
The Legal Process
Once taking immediate steps following being served an order of protection, it’s vital to understand the legal process that will occur:
- Filing a response — Your attorney will help you in drafting and filing a response to the order of protection. This response will detail your side of the story and the legal defenses you have.
- Court dates — Be aware of the court dates and hearings related to your case. Be present at all scheduled court appearances with your attorney to ensure your voice is acknowledged and the court does not side with the petitioner before you have your day in court. The hearing usually consists of:
- Presentation of evidence
- Witness testimony
- Cross-examination
- Legal arguments
- Issuance or denial of a protection order, accompanied by the duration and explanation of terms (if granted)
Consequences of an Order of Protection in Cape Girardeau, MO, Missouri
Facing an order of protection can cause a variety of notable consequences that reach beyond the courtroom:
- Restrictions on contact — The most immediate consequence is the enforced restriction on contacting the protected party. This can interfere with personal relationships, notably 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, like limitations on where you can go and who you can associate with.
- Criminal charges — Breaking the terms of an order of protection can result in criminal charges, such as arrest and potential incarceration.
- Firearm restrictions — A respondent facing an order of protection may be forbidden from owning firearms as per federal law.
- Suspension of concealed carry permit — A concealed carry permit may be suspended if the holder is under a valid full order of protection.
- Immigration consequences — If you’re an immigrant, having an order of protection placed on you may have consequences. Breaking an order of protection can also result in immigration-related issues.
Considering the seriousness of the potential consequences, you require seasoned and devoted legal representation. Combs Waaterkotte knows the intricacies of order of protection cases in Cape Girardeau, MO and is dedicated to minimizing the impact of these orders on your life. Our knowledgeable attorneys are focused on protecting your rights, investigating legal options, and seeking the best possible outcome for your case. Do not wade through the complexities of an order of protection alone – let Combs Waterkotte be your advocate and guide.
Call Combs Waterkotte’s Cape Girardeau, MO Order of Protection Defense Lawyer Today
In the event that you are facing an order of protection or require legal guidance in such matters, we highly encourage you to arrange for a consultation with Combs Waterkotte. During this essential initial meeting, you will have the occasion to go over the details of your case, voice your concerns, and gain insights into the legal options accessible for you.
To take the preliminary step in the direction of safeguarding your defense in an order of protection case in Cape Girardeau, MO, reach out to an order of protection defense lawyer in Cape Girardeau, MO now at (314) 900-HELP or contact us online for a free consultation.
With Combs Waterkotte, we are dedicated to supporting you during the legal journey, providing steadfast support, knowledge, and advocacy. Don’t delay to reach out to us now to discuss your order of protection case in Cape Girardeau, MO and take proactive steps towards protecting your rights and future.
