Order of Protection Lawyer Clayton, MO
If you were served with a restraining order in Clayton, MO you need a knowledgeable order of protection defense lawyer to ensure your rights and future stay intact. With a proven 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 Clayton, MO today at (314) 900-HELP or reach out to us through our website for a no-cost 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 measure designed to protect individuals who may be confronting risks, harassment, or violence from another party. It serves as a court-issued document–signed by a judge–that compels the accused to refrain from 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 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 they person they say is a risk. The ex parte order occurs before a hearing and remains in effect until a hearing. 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 Clayton, MO judge thinks you are.
At this crucial hearing you need your rights and future protected by experienced order of protection defense lawyers in Clayton, MO. If you were served with an order of protection in Clayton, MO, reach out to Combs Waterkotte immediately at (314) 900-HELP. We will strive to have your order of protection dismissed and secure the best possible outcome in your case.
Common Situations Involving Orders of Protection in Clayton, MO
Missouri’s Domestic Violence Act provides two chief instances where someone can file an order of protection: abuse and stalking.
- Abuse — Abuse can be acts, attempts or threats involving:
- Harming a pet
- Assault, or putting another person in fear of being physically injured
- Battery, or causing physical harm
- Coercion, or leveraging threats to force a person to act in a certain way
- Harassment, or participating 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 implies deliberately 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 following, monitoring, observing, surveilling, threatening, or communicating through any medium or device
Within such complicated and highly emotional scenarios, the guidance and representation of an order of protection defense lawyer in Clayton, MO can prove to be all the difference in making sure that the legal process is adhered to appropriately and that everyone’s rights are protected.
Combs Waterkotte: Your Clayton, MO Order of Protection Defense Lawyer
If you’re facing an order of protection in Clayton, MO, you need a defense lawyer with a deep understanding of the nuances involved. Our team of experienced attorneys is well-versed in Clayton and Missouri order of protection law. As your Clayton, MO order of protection defense lawyer, we offer:
- Proven successes — Combs Waterkotte maintains a strong track record of achieving the best possible outcomes for clients who received orders of protection and/or criminal charges in Clayton, MO. Each and every one of our clients have a right to have their story shared in court.
- Expertise and experience — Our team consists of seasoned legal professionals with in-depth knowledge of order of protection laws, courtroom procedures and negotiation strategies. We tap into this expertise to design robust defenses suited for your unique circumstances.
- Legal consultation — We provide an initial consultation at no cost to examine 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 vital evidence to strengthen your defense, ensuring that no detail goes overlooked and the court will receive 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 each stage.
- Negotiation — Our adept negotiators endeavor to reach agreeable resolutions when possible, aiming to reduce the impact of an order of protection on your life.
With Combs Waterkotte as your dedicated Clayton, MO order of protection defense lawyer, you can be confident that you are getting the best possible defense team, benefiting from the help and advocacy you require during this tough time.
What to Do After Being Served With an Order of Protection
Immediate Actions
If served with an order of protection in Clayton, MO, it is imperative to take immediate and deliberate steps to defend your rights and interests:
- Read the order thoroughly — Begin by meticulously reading the order of protection document you received. Grasp its terms and restrictions to guarantee compliance. While you may not accept everything it says, understanding it and adhering to 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 result in grave legal consequences, like arrest.
- Document all communication — Maintain a thorough record of any correspondence, interactions or incidents involving the petitioner. 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 expertise in order of protection cases. Obtaining legal representation is paramount to protect your rights and future in the most optimal way.
- Notify your attorney — Provide all pertinent information with your attorney, including 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 accessing your home or possessions, adhere to these restrictions to avoid further legal complications.
Taking these immediate steps will establish the foundation for a robust defense and aid protect your rights throughout the Clayton, MO order of protection case. Remember that legal representation, such as that given by Combs Waterkotte’s Clayton, MO order of protection defense attorneys, is vital to direct you through this process.
The Legal Process
After taking immediate steps post 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 detail your side of the story and your defense strategy.
- Court dates — Keep in mind the court dates and hearings associated with your case. Attend all scheduled court appearances with your attorney to guarantee your voice is recognized 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
- Approval or rejection of a protection order, along with the duration and explanation of terms (if granted)
Consequences of an Order of Protection in Clayton, MO, Missouri
Facing an order of protection can result in a variety of notable consequences that go beyond the courtroom:
- Restrictions on contact — The most immediate consequence is the enforced restriction on reaching out to 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 lead to the loss of personal freedoms, such as limitations on where you can go and who you can associate with.
- Criminal charges — Infringing the terms of an order of protection can cause criminal charges, like arrest and possible incarceration.
- Firearm restrictions — A respondent subject to an order of protection may be banned from possessing firearms according to 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 alien, having an order of protection imposed on you may have consequences. Breaking an order of protection can also lead to immigration-related issues.
Taking into account the severity of the potential consequences, you need seasoned and dedicated legal representation. Combs Waaterkotte understands the nuances of order of protection cases in Clayton, MO and is focused on reducing the impact of these orders on your life. Our experienced attorneys are focused on defending your rights, investigating legal options, and seeking the best possible outcome for your case. Don’t wade through the challenges of an order of protection alone – allow Combs Waterkotte be your advocate and guide.
Call Combs Waterkotte’s Clayton, MO Order of Protection Defense Lawyer Today
If you are confronted with an order of protection or seek legal guidance in such matters, we strongly recommend you to set up a consultation with Combs Waterkotte. In this crucial initial meeting, you will have the chance to talk about the details of your case, express your concerns, and gain insights into the legal options available to you.
To begin the first step in the direction of ensuring your rights and future in an order of protection case in Clayton, MO, speak to an order of protection defense lawyer in Clayton, MO now at (314) 900-HELP or contact us through our website for a complimentary consultation.
At Combs Waterkotte, we are committed to standing by your side throughout the legal journey, offering unwavering support, knowledge, and advocacy. Do not wait to reach out to us now to discuss your order of protection case in Clayton, MO and take proactive steps towards protecting your rights and future.
