Order of Protection Lawyer Independence, MO
If you were served with a restraining order in Independence, MO you need a knowledgeable 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 Independence, MO today at (314) 900-HELP or reach out to us through our website for a free 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 essential legal instrument designed to safeguard people who may be facing threats, harassment, or violence from someone in their family or household. It is a court-issued directive–signed by a judge–that orders the alleged perpetrator to abstain from any form of contact with the petitioner.
Under Missouri Revised Statute §455.020, anybody who is a victim of domestic violence, stalking or sexual assault can file an restraining order alleging those actions against a current relative 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 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 Independence, MO judge thinks you are.
It’s at this hearing that you need your rights and interests protected by experienced order of protection defense lawyers in Independence, MO. If you were served with an order of protection in Independence, MO, contact Combs Waterkotte as soon as possible 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 Independence, 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:
- Harming a pet
- Assault, or putting another person in fear of being physically injured
- Battery, or inflicting physical harm
- Coercion, or utilizing threats to pressure 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
- Kidnapping, or confining somebody somewhere against their will
- Stalking — Stalking means purposefully participating in 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” such as following, monitoring, observing, surveilling, threatening, or communicating through any medium or device
Amidst these complex and intense scenarios, the guidance and representation of an order of protection defense lawyer in Independence, MO can 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 Independence, MO Order of Protection Defense Lawyer
If you’re facing an order of protection in Independence, MO, you should have a defense lawyer with a thorough understanding of the details involved. Our team of experienced attorneys is adept in Independence and Missouri order of protection law. As your Independence, MO order of protection defense lawyer, we offer:
- Proven successes — Combs Waterkotte maintains a proven track record of achieving the best possible outcomes for clients who received orders of protection and/or criminal charges in Independence, MO. Each and every one of our clients have a right to have their story presented in court.
- Expertise and experience — Our team consists of experienced legal professionals with in-depth knowledge of order of protection laws, courtroom procedures and negotiation strategies. We utilize this expertise to craft robust defenses specific to your unique circumstances.
- Legal consultation — We provide an initial consultation without any fees to examine the specifics of your case, respond to your questions, review your legal options, and formulate a customized legal strategy.
- Evidence collection — Our team works in gathering and preserving crucial evidence to strengthen your defense, making sure that no detail is ignored and the court will hear the full version of every angle of the story.
- Court representation — We deliver unwavering representation in court proceedings, fighting for your rights and future at every step.
- Negotiation — Our skilled negotiators work to reach favorable resolutions when possible, aiming to lessen the impact of an order of protection on your life.
With Combs Waterkotte as your dedicated Independence, MO order of protection defense lawyer, you can feel certain that you are getting the best possible defense team, benefiting from the help and advocacy you need amidst this difficult time.
What to Do After Being Served With an Order of Protection
Immediate Actions
Whenever served with an order of protection in Independence, MO, it is vital to take immediate and deliberate steps to defend your rights and interests:
- Read the order thoroughly — Start with thoroughly reading the order of protection document you’ve been served. Understand its terms and restrictions to make sure of compliance. While you may not agree with everything it says, understanding it and abiding by it until the hearing is in your long-term best interest.
- Do not violate the order — Adhere strictly to the stipulations mandated in the order of protection. Any violation can cause serious legal consequences, such as criminal charges.
- Document all communication — Keep a detailed record of any interactions, interactions or incidents involving the other party. This record can serve as crucial evidence in your defense.
- Contact an order of protection defense lawyer — Immediately, contact a qualified attorney with experience in order of protection cases. Obtaining legal representation is vital to protect your rights and future in the best manner.
- Notify your attorney — Share all pertinent information with your attorney, such as details of the situation that resulted in the order of protection. Candidness is key to building a strong 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 prompt steps will set the foundation for a solid defense and help protect your rights during the Independence, MO order of protection case. Keep in mind that legal representation, like that given by Combs Waterkotte’s Independence, MO order of protection defense attorneys, is vital to lead you through this process.
The Legal Process
Once 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 help you in preparing 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 — Stay informed of the court dates and hearings related to your case. Participate in all scheduled court appearances with your attorney to guarantee your voice is heard and the court does not side with the petitioner before hearing your side of the story. The hearing usually comprises:
- Presentation of evidence
- Witness testimony
- Cross-examination
- Legal arguments
- Approval or rejection of a protection order, accompanied by the duration and explanation of terms (if granted)
Consequences of an Order of Protection in Independence, MO, Missouri
Encountering an order of protection can cause a variety of notable consequences that go beyond the courtroom:
- Restrictions on contact — The most immediate consequence is the imposed restriction on reaching out to the protected party. This can interfere with personal relationships, particularly if you have in common 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 spend time with.
- Criminal charges — Violating the terms of an order of protection can result in criminal charges, like arrest and potential incarceration.
- Firearm restrictions — A respondent facing an order of protection may be prohibited from possessing firearms as per 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. Violating an order of protection can also cause immigration-related issues.
Given the seriousness of the potential consequences, you require experienced and devoted legal representation. Combs Waaterkotte understands the subtleties of order of protection cases in Independence, MO and is committed to minimizing the impact of these orders on your life. Our seasoned attorneys are devoted to safeguarding your rights, investigating legal options, and aiming for the best possible outcome for your case. Don’t traverse the complexities of an order of protection alone – let Combs Waterkotte be your representative and guide.
Call Combs Waterkotte’s Independence, MO Order of Protection Defense Lawyer Today
In the event that you are confronted with an order of protection or require legal advice in such matters, we vigorously urge you to schedule a consultation with Combs Waterkotte. During this vital initial meeting, you will have the opportunity to go over the details of your case, convey your concerns, and acquire insights into the legal options accessible for you.
To begin the preliminary step towards safeguarding your defense in an order of protection case in Independence, MO, reach out to an order of protection defense lawyer in Independence, MO now at (314) 900-HELP or contact us online for a free consultation.
With Combs Waterkotte, we are focused on supporting you throughout the legal journey, giving steadfast support, expertise, and advocacy. Don’t wait to get in touch with us today to discuss your order of protection case in Independence, MO and take proactive steps towards defending your rights and future.
