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Linn County, MO

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Posted by Emily Herr on

Order of Protection Lawyer Linn County, MO

If you received a restraining order in Linn County, MO you need an experienced order of protection defense lawyer to protect your rights and interests. With a proven track record of excellence, Combs Waterkotte is committed to providing effective legal solutions to help good people caught in bad situations. Speak to an order of protection defense lawyer in Linn County, MO today at (314) 900-HELP or contact us online for a no-cost 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 instrument designed to protect people who may be dealing with dangers, harassment, or violence from someone else. It is a court-issued directive–signed by a judge–that orders the accused 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 restraining order 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 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 Linn County, 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 Linn County, MO. If you were handed an order of protection in Linn County, MO, get in touch with 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 Linn County, MO

Missouri’s Domestic Violence Act provides two chief 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 putting another person in fear of being physically injured
    • Battery, or inflicting physical harm
    • Coercion, or leveraging threats to pressure 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
    • Kidnapping, or detaining somebody somewhere against their will
  2. Stalking Stalking implies purposefully 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” including following, monitoring, observing, surveilling, threatening, or communicating through any means or device

In these intricate and emotionally charged scenarios, the advice and representation of an order of protection defense lawyer in Linn County, MO can make all the difference in making sure that the legal process is followed correctly and that no ones rights are infringed on.

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

Should you be facing an order of protection in Linn County, MO, you need a defense lawyer with a thorough understanding of the nuances involved. Our team of seasoned attorneys is adept in Linn County and Missouri order of protection law. As your Linn County, MO order of protection defense lawyer, we provide:

  • Proven successes Combs Waterkotte has a strong track record of securing the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Linn County, MO. Every single one of our clients deserve to have their story presented in court.
  • Expertise and experience — Our team comprises experienced legal professionals with thorough 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 provide an initial consultation without any fees to examine the specifics of your case, address your questions, discuss your legal options, and develop a customized legal strategy.
  • Evidence collection — Our team helps in collecting and preserving vital evidence to bolster your defense, guaranteeing that no detail is missed and the court will receive the full version of every angle of the story.
  • Court representation — We provide resolute representation in court proceedings, advocating for your rights and interests at all phases.
  • Negotiation — Our skilled negotiators work to reach favorable resolutions when possible, aiming to lessen the impact of an order of protection on your life.

By choosing Combs Waterkotte as your dedicated Linn County, MO order of protection defense lawyer, you can be confident that you are getting the best possible defense team, benefiting from the assistance and advocacy you require during this challenging time.

What to Do After Being Served With an Order of Protection

Immediate Actions

If served with an order of protection in Linn County, MO, it is crucial 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. Grasp its terms and restrictions to ensure compliance. While you may not accept everything it says, comprehending it and following it until the hearing is in your best long-term advantage.
  • Do not violate the order — Adhere strictly to the stipulations specified in the order of protection. Any violation can lead to grave legal consequences, including criminal charges.
  • Document all communication — Keep a detailed record of any correspondence, interactions or incidents related to the petitioner. This log can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Promptly, reach out to a qualified attorney with expertise in order of protection cases. Getting legal representation is paramount to safeguard 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. Transparency is key to building a robust defense.
  • Restrictions on possessions — If the order of protection comes with restrictions on entering your home or possessions, adhere to these restrictions to steer clear of further legal complications.

Taking these swift steps will set the foundation for a solid defense and assist defend your rights throughout the Linn County, MO order of protection case. Bear in mind that legal representation, such as that provided by Combs Waterkotte’s Linn County, MO order of protection defense attorneys, is essential to direct you through this process.

The Legal Process

After taking prompt steps after 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 outline your version of events and the legal defenses you have.
  • Court dates — Be aware of the court dates and hearings tied to your case. Be present at all scheduled court appearances with your attorney to guarantee your voice is acknowledged and the court does not side with the petitioner before hearing your version of events. 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 Linn County, MO, Missouri

Encountering an order of protection can cause a variety of significant consequences that go beyond the courtroom:

  • Restrictions on contact — The primary consequence is the enforced restriction on reaching out to the protected party. This can disrupt personal relationships, particularly if you have in common children, a residence, or other common interests.
  • Impact on personal life — Orders of protection can cause 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 lead to criminal charges, including arrest and possible incarceration.
  • Firearm restrictions — A respondent under 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 under a valid full order of protection.
  • Immigration consequences — If you’re an alien, having an order of protection issued against you may have consequences. Infringing an order of protection can also cause immigration-related issues.

Taking into account the gravity of the potential consequences, you require knowledgeable and committed legal representation. Combs Waaterkotte understands the subtleties of order of protection cases in Linn County, MO and is dedicated to minimizing the impact of these orders on your life. Our knowledgeable attorneys are committed to defending your rights, investigating legal options, and pursuing the best possible outcome for your case. Don’t traverse the challenges of an order of protection alone – allow Combs Waterkotte be your advocate and guide.

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

In the event that you are confronted with an order of protection or require legal guidance in such matters, we strongly encourage you to set up a consultation with Combs Waterkotte. During this pivotal initial meeting, you will have the opportunity to go over the details of your case, convey your concerns, and obtain insights into the legal options available to you.

To begin the first step in the direction of ensuring your rights and interests in an order of protection case in Linn County, MO, speak to an order of protection defense lawyer in Linn County, MO now at (314) 900-HELP or contact us online for a complimentary consultation.

With Combs Waterkotte, we are dedicated to supporting you during the legal journey, offering resolute support, knowledge, and advocacy. Don’t hesitate to get in touch with us today to go over your order of protection case in Linn County, MO and take proactive steps towards protecting your rights and future.

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