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Order of Protection Defense Lawyer Daviess County, MO

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Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer Daviess County, MO. Combs Waterkotte’s expert Daviess 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 proven track record of excellence, Combs Waterkotte is committed to providing highly successful defense solutions tailored to the unique needs of our clients. Speak to an order of protection defense lawyer in Daviess County, MO today at (314) 900-HELP or reach out to us online for a complimentary consultation. Take a look at our defense victories here.

What Is an Order of Protection?

An order of protection, also called a restraining order, is a critical legal measure designed to ensure the well-being of people who may be confronting dangers, harassment, or assault from another party. It serves as a court-issued directive–signed by a judge–that orders the alleged perpetrator to abstain from 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 determines there is justifiable reason, they can issue an “ex parte order of protection,” which limits contact between the alleged victim 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 happen 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 Daviess County, MO judge thinks you are.

At this crucial hearing you need your rights and interests protected by talented order of protection defense lawyers in Daviess County, MO. If you were served with an order of protection in Daviess County, MO, contact Combs Waterkotte right away at (314) 900-HELP. We will strive to have your order of protection dismissed and obtain the best possible resolution to your case.

Common Situations Involving Orders of Protection in Daviess County, MO

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

  1. 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 engaging in a course of conduct that “alarms or causes distress to another person and serves no legitimate purpose”
    • Sexual assault
    • Unlawful imprisonment, or confining somebody somewhere against their will
  2. Stalking Stalking means purposefully undertaking 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 tracking, monitoring, observing, surveilling, threatening, or communicating through any medium or device

Within such complicated and highly emotional scenarios, the counsel and representation of an order of protection defense lawyer in Daviess County, MO can make all the difference in guaranteeing that the legal process is adhered to correctly and that each individual’s rights are protected.

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

When you are facing an order of protection in Daviess County, MO, you should have a defense lawyer with a thorough understanding of the nuances involved. Our team of seasoned attorneys is adept in Daviess County and Missouri order of protection law. As your Daviess County, MO order of protection defense lawyer, we offer:

  • Proven successes Combs Waterkotte maintains a proven history of attaining the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Daviess County, MO. Every single one of our clients are entitled to have their story heard in court.
  • Expertise and experience — Our team comprises veteran 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 specific to your unique circumstances.
  • Legal consultation — We offer an initial consultation free of charge to assess the specifics of your case, address your questions, discuss your legal options, and develop a customized legal strategy.
  • Evidence collection — Our team helps in gathering and preserving vital evidence to fortify your defense, ensuring that no detail is ignored and the court will get the full version of every angle of the story.
  • Court representation — We provide steadfast representation in court proceedings, standing up for your rights and future at each stage.
  • Negotiation — Our skilled negotiators endeavor to reach amicable resolutions when possible, aiming to reduce the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated Daviess County, MO order of protection defense lawyer, you can rest assured that you are in competent hands, benefiting from the help and advocacy you deserve throughout this difficult time.

What to Do After Being Served With an Order of Protection

Immediate Actions

If served with an order of protection in Daviess County, MO, it is vital to take immediate and deliberate steps to safeguard your rights and interests:

  • Read the order thoroughly — Start with thoroughly reading the order of protection document you received. Grasp its terms and restrictions to ensure compliance. While you may not concur with everything it says, understanding it and abiding by it until the hearing is in your best long-term advantage.
  • Do not violate the order — Stick firmly to the stipulations specified in the order of protection. Any violation can cause severe legal consequences, like arrest.
  • Document all communication — Keep a thorough record of any correspondence, interactions or incidents involving the person who requested the order of protection. This record can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Promptly, reach out to a knowledgeable attorney with a background in order of protection cases. Securing legal representation is essential to safeguard your rights and future most effectively.
  • Notify your attorney — Give all relevant information with your attorney, including details of the situation that resulted in the order of protection. Openness is key to forming a solid defense.
  • Restrictions on possessions — If the order of protection has restrictions on reaching your home or possessions, comply with these restrictions to prevent further legal complications.

Taking these swift actions will lay the foundation for a robust defense and help safeguard your rights during the Daviess County, MO order of protection case. Keep in mind that legal representation, such as that offered by Combs Waterkotte’s Daviess County, MO order of protection defense attorneys, is vital to lead you through this process.

The Legal Process

After taking immediate steps after being served an order of protection, it’s essential to understand the legal process that will unfold:

  • Filing a response — Your attorney will assist you in drafting 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 — Keep in mind the court dates and hearings tied to your case. Participate in all scheduled court appearances with your attorney to ensure your voice is recognized and the court does not side with the petitioner before you have your day in court. The hearing usually includes:
    • 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 Daviess County, MO, Missouri

Encountering an order of protection can result in a spectrum of major consequences that go 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 cause the loss of personal freedoms, including constraints on where you can go and who you can spend time with.
  • Criminal charges — Violating the terms of an order of protection can cause criminal charges, such as arrest and potential incarceration.
  • Firearm restrictions — A respondent facing an order of protection may be banned 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 foreign national, having an order of protection placed on you may have consequences. Infringing an order of protection can also cause immigration-related issues.

Given the seriousness of the potential consequences, you need seasoned and dedicated legal representation. Combs Waaterkotte knows the intricacies of order of protection cases in Daviess County, MO and is dedicated to lessening the impact of these orders on your life. Our seasoned attorneys are devoted to protecting your rights, looking into legal options, and aiming for the best possible outcome for your case. Don’t traverse the complications of an order of protection alone – let Combs Waterkotte be your advocate and guide.

Other cases we take on in Daviess County, MO include:

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

In the event that you are dealing with an order of protection or seek legal advice in such matters, we strongly urge you to schedule 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 obtain insights into the legal options accessible for you.

To take the first step towards safeguarding your rights and future in an order of protection case in Daviess County, MO, reach out to an order of protection defense lawyer in Daviess County, MO now at (314) 900-HELP or contact us online for a complimentary consultation.

At Combs Waterkotte, we are committed to standing by your side during the legal journey, providing resolute support, knowledge, and advocacy. Do not wait to reach out to us today to discuss your order of protection case in Daviess County, MO and take proactive steps towards defending your rights and future.

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