Order of Protection Lawyer Cape Girardeau, MO. If you were hit with a restraining order in Cape Girardeau, MO you need a knowledgeable order of protection defense lawyer to ensure your rights and future stay intact. With a established track record of excellence, Combs Waterkotte is committed to providing effective defense solutions tailored to the unique needs of our clients. Speak to an order of protection defense lawyer in Cape Girardeau, MO today at (314) 900-HELP or reach out to us online for a no-risk, no-obligation 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 vital legal instrument designed to ensure the well-being of people who may be dealing with risks, harassment, or assault from someone else. It serves as a court-issued directive–signed by a judge–that compels the accused to abstain from any form of contact with the person who requested the order of protection.
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 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 alleged victim and they person they say is a risk. 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 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 talented order of protection defense lawyers in Cape Girardeau, MO. If you were handed an order of protection in Cape Girardeau, MO, get in touch with Combs Waterkotte as soon as possible 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 presents two primary 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 placing another person in fear of physical harm
- 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
- Unlawful imprisonment, or detaining somebody somewhere against their will
- Stalking — Stalking means deliberately 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” including following, monitoring, observing, surveilling, threatening, or communicating through any medium or device
In these intricate and emotionally charged scenarios, the guidance and representation of an order of protection defense lawyer in Cape Girardeau, MO can prove to be all the difference in ensuring that the legal process is adhered to appropriately and that all parties’ rights are protected.
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 seasoned attorneys is well-versed in Cape Girardeau and Missouri order of protection law. As your Cape Girardeau, MO order of protection defense lawyer, we provide:
- Proven successes — Combs Waterkotte has a consistent track record of achieving the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Cape Girardeau, MO. All of our clients have a right to have their story presented in court.
- Expertise and experience — Our team consists of veteran legal professionals with in-depth knowledge of order of protection laws, courtroom procedures and negotiation strategies. We tap into this expertise to craft robust defenses tailored to your unique circumstances.
- Legal consultation — We extend an initial consultation without any fees to assess the specifics of your case, answer your questions, discuss your legal options, and develop a customized legal strategy.
- Evidence collection — Our team helps in assembling and preserving essential evidence to bolster your defense, guaranteeing that no detail is missed and the court will get the full version of all perspectives of the story.
- Court representation — We deliver unwavering representation in court proceedings, standing up for your rights and interests at every step.
- Negotiation — Our talented negotiators work to reach favorable resolutions when possible, striving to reduce the impact of an order of protection on your life.
With Combs Waterkotte as your dedicated Cape Girardeau, MO order of protection defense lawyer, you can be confident that you are getting the best possible defense team, benefiting from the support and advocacy you require 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, MO, it is crucial to take immediate and deliberate steps to safeguard your rights and interests:
- Read the order thoroughly — Begin by thoroughly reading the order of protection document you received. Understand its terms and restrictions to guarantee compliance. While you may not agree with everything it says, comprehending it and abiding by it until the hearing is in your long-term best interest.
- Obey the order — Comply closely to the stipulations outlined in the order of protection. Any violation can lead to grave legal consequences, including criminal charges.
- Document all communication — Hold onto a detailed record of any interactions, interactions or incidents involving the petitioner. This log can serve as essential evidence in your defense.
- Contact an order of protection defense lawyer — Without delay, get in touch with a competent attorney with a background in order of protection cases. Obtaining legal representation is paramount to defend your rights and future most effectively.
- Notify your attorney — Give all relevant information with your attorney, such as details of the situation that caused the order of protection. Openness is key to forming a strong defense.
- Restrictions on possessions — If the order of protection has restrictions on reaching your home or possessions, abide by these restrictions to avoid further legal complications.
Taking these prompt actions will establish the foundation for a robust defense and help safeguard your rights during the Cape Girardeau, MO order of protection case. Keep in mind that legal representation, such as that provided by Combs Waterkotte’s Cape Girardeau, MO order of protection defense attorneys, is vital to guide you through this process.
The Legal Process
After taking prompt steps post being served an order of protection, it’s vital to understand the legal process that will transpire:
- Filing a response — Your attorney will aid you in preparing and filing a response to the order of protection. This response will depict your version of events and your legal strategy.
- Court dates — Stay informed of the court dates and hearings associated with your case. Be present at all scheduled hearings with your attorney to make sure your voice is heard and the court does not side with the petitioner before hearing your side of the story. The hearing usually includes:
- Presentation of evidence
- Witness testimony
- Cross-examination
- Legal arguments
- Granting or refusal of a protection order, along with the duration and explanation of terms (if granted)
Consequences of an Order of Protection in Cape Girardeau, MO, Missouri
Encountering 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 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, including restrictions on where you can go and who you can be with.
- Criminal charges — Infringing the terms of an order of protection can lead to criminal charges, including arrest and potential incarceration.
- Firearm restrictions — A respondent facing an order of protection may be forbidden from possessing firearms as per 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.
Taking into account the severity of the potential consequences, you must have experienced and committed legal representation. Combs Waaterkotte knows the intricacies of order of protection cases in Cape Girardeau, MO and is focused on lessening the impact of these orders on your life. Our seasoned attorneys are committed to defending your rights, looking into legal options, and seeking the best possible outcome for your case. Don’t navigate the complications of an order of protection alone – let Combs Waterkotte be your champion and guide.
Other cases we take on in Cape Girardeau, MO include:
Call Combs Waterkotte’s Cape Girardeau, MO Order of Protection Defense Lawyer Now
If you are confronted with an order of protection or need legal advice in such matters, we highly recommend you to set up a consultation with Combs Waterkotte. In this vital initial meeting, you will have the opportunity to discuss the details of your case, voice your concerns, and acquire insights into the legal options accessible for you.
To take the preliminary step in the direction of safeguarding your rights and future in an order of protection case in Cape Girardeau, MO, talk to an order of protection defense lawyer in Cape Girardeau, MO today at (314) 900-HELP or contact us online for a complimentary consultation.
With Combs Waterkotte, we are dedicated to supporting you through the legal journey, giving steadfast support, knowledge, and advocacy. Do not delay to reach out to us now to talk about your order of protection case in Cape Girardeau, MO and take proactive steps towards safeguarding your rights and future.
