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Order of Protection Defense Lawyer Lafayette, MO

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Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer Lafayette, MO. Combs Waterkotte’s expert Lafayette, 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 to help good people caught in bad situations. Speak to an order of protection defense lawyer in Lafayette, MO today at (314) 900-HELP or contact 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 crucial legal measure designed to ensure the safety of individuals who may be facing dangers, harassment, or assault from someone else. It serves as a court-issued document–signed by a judge–that compels the alleged perpetrator to avoid 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 restraining order alleging those actions against a current relative or someone who lives with them.

If a judge evaluates the petition and thinks there is justifiable reason, they can provide an “ex parte order of protection,” which limits contact between the petitioner and they person they say is a risk. 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 Lafayette, MO judge thinks you are.

It’s at this hearing that you need your rights and future protected by expert order of protection defense lawyers in Lafayette, MO. If you were given an order of protection in Lafayette, MO, contact 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 outcome in your case.

Common Situations Involving Orders of Protection in Lafayette, 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:
    • Mistreating a pet
    • Assault, or placing another person in fear of being physically injured
    • Battery, or inflicting physical harm
    • Coercion, or utilizing 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 detaining somebody somewhere against their will
  2. Stalking Stalking means intentionally engaging 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” like tracking, monitoring, observing, surveilling, threatening, or communicating through any medium or device

Amidst these complex and highly emotional scenarios, the guidance and representation of an order of protection defense lawyer in Lafayette, MO can be all the difference in making sure that the legal process is followed correctly and that each individual’s rights are protected.

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

When you are facing an order of protection in Lafayette, MO, you require a defense lawyer with a profound understanding of the intricacies involved. Our team of seasoned attorneys is proficient in Lafayette and Missouri order of protection law. As your Lafayette, MO order of protection defense lawyer, we provide:

  • Proven successes Combs Waterkotte maintains a consistent history of attaining the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Lafayette, MO. Every single one of our clients have a right to have their story shared in court.
  • Expertise and experience — Our team consists of veteran legal professionals with deep knowledge of order of protection laws, courtroom procedures and negotiation strategies. We utilize this expertise to craft robust defenses suited for your unique circumstances.
  • Legal consultation — We extend an initial consultation without any fees to examine the specifics of your case, answer your questions, go over your legal options, and formulate a customized legal strategy.
  • Evidence collection — Our team assists in collecting and preserving vital evidence to fortify your defense, ensuring that no detail goes overlooked and the court will receive the full version of every angle of the story.
  • Court representation — We deliver steadfast representation in court proceedings, advocating for your rights and future at all phases.
  • Negotiation — Our adept negotiators endeavor to reach amicable resolutions when possible, striving to lessen the impact of an order of protection on your life.

By choosing Combs Waterkotte as your dedicated Lafayette, MO order of protection defense lawyer, you can be confident that you are in capable hands, receiving the help and advocacy you require during this tough time.

What to Do After Being Served With an Order of Protection

Immediate Actions

When served with an order of protection in Lafayette, MO, it is imperative to take immediate and deliberate steps to get the best possible results in your case:

  • Read the order thoroughly — Start with thoroughly reading the order of protection document you’ve been served. Comprehend its terms and restrictions to guarantee compliance. While you may not concur with everything it says, comprehending it and abiding by it until the hearing is in your best interest in the long run.
  • Do not violate the order — Stick firmly to the stipulations mentioned in the order of protection. Any violation can result in severe legal consequences, such as criminal charges.
  • Document all communication — Hold onto a comprehensive record of any interactions, interactions or incidents related to the person who requested the order of protection. This documentation can serve as essential evidence in your defense.
  • Contact an order of protection defense lawyer — Without delay, reach out to a qualified attorney with experience in order of protection cases. Securing legal representation is essential to defend your rights and future most effectively.
  • Notify your attorney — Give all pertinent information with your attorney, like details of the situation that led to the order of protection. Openness is key to forming a strong defense.
  • Restrictions on possessions — If the order of protection comes with restrictions on accessing your home or possessions, adhere to these restrictions to steer clear of further legal complications.

Taking these prompt actions will lay the foundation for a solid defense and assist defend your rights during the Lafayette, MO order of protection case. Keep in mind that legal representation, akin to that provided by Combs Waterkotte’s Lafayette, MO order of protection defense attorneys, is essential to direct you through this process.

The Legal Process

After taking prompt steps following 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 crafting and filing a response to the order of protection. This response will depict your side of the story and your legal strategy.
  • Court dates — Be aware of the court dates and hearings associated with your case. Attend all scheduled court appearances with your attorney to make sure your voice is heard and the court does not side with the petitioner before you have your day in court. The hearing usually comprises:
    • 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 Lafayette, MO, Missouri

Confronting an order of protection can cause a range of major consequences that reach beyond the courtroom:

  • Restrictions on contact — The most immediate consequence is the imposed restriction on communicating with 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 result in the loss of personal freedoms, like 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 subject to an order of protection may be forbidden from owning firearms under 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 foreign national, having an order of protection placed on you may have consequences. Violating an order of protection can also lead to immigration-related issues.

Given the severity of the potential consequences, you must have knowledgeable and devoted legal representation. Combs Waaterkotte understands the nuances of order of protection cases in Lafayette, MO and is committed to minimizing the impact of these orders on your life. Our experienced attorneys are focused on defending your rights, investigating legal options, and aiming for the best possible outcome for your case. Do not traverse the challenges of an order of protection alone – have Combs Waterkotte be your advocate and guide.

Other cases we take on in Lafayette, MO include:

    Call Combs Waterkotte’s Lafayette, MO Order of Protection Defense Lawyer For a Free Consultation

    In the event that you are confronted with an order of protection or need legal guidance in such matters, we highly recommend you to arrange for a consultation with Combs Waterkotte. During this crucial initial meeting, you will have the occasion to go over the details of your case, convey your concerns, and acquire insights into the legal options accessible for you.

    To take the first step in the direction of securing your defense in an order of protection case in Lafayette, MO, speak to an order of protection defense lawyer in Lafayette, MO today at (314) 900-HELP or contact us online for a free consultation.

    Through Combs Waterkotte, we are committed to standing by your side through the legal journey, providing steadfast support, knowledge, and advocacy. Do not delay to get in touch with us now to discuss your order of protection case in Lafayette, MO and take proactive steps towards defending your rights and future.

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