Image

Festus, MO

Verified Content

Posted by Emily Herr on

Order of Protection Lawyer Festus, MO

Combs Waterkotte’s professional Festus, 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 effective legal solutions tailored to the unique needs of our clients. Speak to an order of protection defense lawyer in Festus, 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.

What Is an Order of Protection?

An order of protection, also known as a restraining order, is a critical legal instrument designed to protect individuals who may be confronting threats, harassment, or assault from someone else. It is a court-issued document–signed by a judge–that requires the accused to refrain 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 determines there is compelling rationale, 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 happen 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 Festus, MO judge thinks you are.

During this pivotal hearing you need your rights and future protected by experienced order of protection defense lawyers in Festus, MO. If you were handed an order of protection in Festus, MO, reach out to Combs Waterkotte right away at (314) 900-HELP. We will endeavor to have your order of protection dismissed and achieve the best possible resolution to your case.

Common Situations Involving Orders of Protection in Festus, MO

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

  1. Abuse — Abuse can be acts, attempts or threats involving:
    • Harming a pet
    • Assault, or placing another person in fear of being physically injured
    • Battery, or inflicting physical harm
    • Coercion, or employing threats to force a person to follow a specific action
    • 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 confining somebody somewhere against their will
  2. Stalking Stalking implies deliberately engaging 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” like following, monitoring, observing, surveilling, threatening, or communicating through any means or device

Within such complicated and emotionally charged scenarios, the counsel and representation of an order of protection defense lawyer in Festus, MO can prove to be all the difference in guaranteeing that the legal process is adhered to appropriately and that no ones rights are infringed on.

Combs Waterkotte: Your Festus, MO Order of Protection Defense Lawyer

When you are facing an order of protection in Festus, MO, you need a defense lawyer with a deep understanding of the details involved. Our team of knowledgeable attorneys is adept in Festus and Missouri order of protection law. As your Festus, MO order of protection defense lawyer, we offer:

  • Proven successes Combs Waterkotte maintains a consistent track record of achieving the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Festus, MO. All of our clients are entitled to have their story shared in court.
  • Expertise and experience — Our team is made up of experienced legal professionals with in-depth 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 extend an initial consultation at no cost to examine the specifics of your case, respond to your questions, discuss your legal options, and develop a customized legal strategy.
  • Evidence collection — Our team helps in gathering and preserving crucial evidence to bolster your defense, guaranteeing that no detail is ignored and the court will get the full version of both sides of the story.
  • Court representation — We offer resolute representation in court proceedings, standing up for your rights and interests at every step.
  • Negotiation — Our adept negotiators work to reach amicable resolutions when possible, striving to lessen the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated Festus, MO order of protection defense lawyer, you can rest assured that you are in capable hands, receiving the assistance and advocacy you need amidst this difficult time.

What to Do After Being Served With an Order of Protection

Immediate Actions

If served with an order of protection in Festus, MO, it is crucial to take immediate and deliberate steps to protect your rights and interests:

  • Read the order thoroughly — Begin by thoroughly reading the order of protection document you’ve been served. Grasp its terms and restrictions to guarantee compliance. While you may not accept everything it says, comprehending it and adhering to it until the hearing is in your long-term best interest.
  • Do not violate the order — Stick firmly to the stipulations mandated in the order of protection. Any violation can cause grave legal consequences, like arrest.
  • Document all communication — Keep a detailed record of any communication, interactions or incidents related to the petitioner. This record can serve as essential evidence in your defense.
  • Contact an order of protection defense lawyer — Without delay, get in touch with a qualified attorney with a background in order of protection cases. Securing legal representation is paramount to protect your rights and future most effectively.
  • Notify your attorney — Provide all pertinent information with your attorney, including details of the situation that caused the order of protection. Transparency is key to building a solid defense.
  • Restrictions on possessions — If the order of protection includes restrictions on accessing your home or possessions, abide by these restrictions to avoid further legal complications.

Taking these swift steps will establish the foundation for a strong defense and assist protect your rights throughout the Festus, MO order of protection case. Bear in mind that legal representation, akin to that provided by Combs Waterkotte’s Festus, MO order of protection defense attorneys, is vital to lead you through this process.

The Legal Process

Upon taking prompt steps after being served an order of protection, it’s imperative to understand the legal process that will transpire:

  • Filing a response — Your attorney will assist 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. Participate in all scheduled hearings with your attorney to guarantee your voice is heard 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
    • Issuance or denial of a protection order, including the duration and explanation of terms (if granted)

Consequences of an Order of Protection in Festus, MO, Missouri

Confronting an order of protection can lead to a range of major consequences that extend 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, particularly 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 limitations on where you can go and who you can associate with.
  • Criminal charges — Breaking the terms of an order of protection can lead to criminal charges, like arrest and possible incarceration.
  • Firearm restrictions — A respondent facing an order of protection may be forbidden from owning firearms according to federal law.
  • Suspension of concealed carry permit — A concealed carry permit may be suspended if the holder is affected by a valid full order of protection.
  • Immigration consequences — If you’re an alien, having an order of protection placed on you may have consequences. Infringing an order of protection can also lead to immigration-related issues.

Given the seriousness of the potential consequences, you must have seasoned and dedicated legal representation. Combs Waaterkotte understands the subtleties of order of protection cases in Festus, MO and is dedicated to lessening the impact of these orders on your life. Our seasoned attorneys are committed to defending your rights, investigating legal options, and aiming for the best possible outcome for your case. Do not wade through the complexities of an order of protection alone – allow Combs Waterkotte be your advocate and guide.

Call Combs Waterkotte’s Festus, MO Order of Protection Defense Lawyer Today

If you are confronted with an order of protection or require legal guidance in such matters, we vigorously urge you to set up a consultation with Combs Waterkotte. In this essential initial meeting, you will have the chance to go over the details of your case, convey your concerns, and acquire insights into the legal options accessible for you.

To take the preliminary step towards ensuring your rights and interests in an order of protection case in Festus, MO, talk to an order of protection defense lawyer in Festus, MO today at (314) 900-HELP or contact us through our website for a free consultation.

Through Combs Waterkotte, we are focused on supporting you during the legal journey, giving steadfast support, legal skill, and advocacy. Don’t delay to contact us now to go over your order of protection case in Festus, MO and take proactive steps towards defending your rights and future.

View Service Areas