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Marion County, MO

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Posted by Emily Herr on

Order of Protection Lawyer Marion County, MO

If you were served with a restraining order in Marion County, MO you need a knowledgeable order of protection defense lawyer to protect your rights and interests. With a established track record of excellence, Combs Waterkotte is committed to providing highly successful legal solutions tailored to the unique needs of our clients. Speak to an order of protection defense lawyer in Marion County, MO today at (314) 900-HELP or contact us through our website for a no-cost consultation. Take a look at our defense victories here.

Understanding Orders of Protection

An order of protection, also known as a restraining order, is a vital legal instrument designed to safeguard people who may be facing risks, harassment, or violence from someone else. It serves as a court-issued directive–signed by a judge–that requires 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 order of protection alleging those actions against a current family member or someone who lives with them.

If a judge evaluates the petition and thinks there is compelling rationale, they can provide an “ex parte order of protection,” which limits contact between the alleged victim and their alleged abuser. 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 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 Marion County, MO judge thinks you are.

At this crucial hearing you need your rights and interests protected by expert order of protection defense lawyers in Marion County, MO. If you were given an order of protection in Marion 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 Marion County, MO

Missouri’s Domestic Violence Act presents two main 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 physical harm
    • Battery, or inflicting physical harm
    • Coercion, or employing threats to compel a person to act in a certain way
    • 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 holding somebody somewhere against their will
  2. Stalking Stalking implies intentionally 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” like following, monitoring, observing, surveilling, threatening, or communicating through any means or device

In these intricate and intense scenarios, the advice and representation of an order of protection defense lawyer in Marion County, MO can make all the difference in making sure that the legal process is followed correctly and that each individual’s rights are protected.

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

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

  • Proven successes Combs Waterkotte boasts a consistent track record of securing the best possible outcomes for clients facing orders of protection and/or criminal charges in Marion County, MO. All of our clients have a right to have their story presented in court.
  • Expertise and experience — Our team consists of seasoned legal professionals with deep knowledge of order of protection laws, courtroom procedures and negotiation strategies. We tap into this expertise to craft robust defenses suited for your unique circumstances.
  • Legal consultation — We extend an initial consultation at no cost to evaluate the specifics of your case, address your questions, go over your legal options, and formulate a customized legal strategy.
  • Evidence collection — Our team assists in gathering and preserving crucial evidence to fortify your defense, guaranteeing that no detail is ignored and the court will hear the full version of every angle of the story.
  • Court representation — We deliver steadfast representation in court proceedings, standing up for your rights and interests at each stage.
  • Negotiation — Our skilled negotiators endeavor to reach agreeable resolutions when possible, aiming to mitigate the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated Marion County, MO order of protection defense lawyer, you can feel certain that you are getting the best possible defense team, benefiting from the support and advocacy you need throughout this tough time.

What to Do After Being Served With an Order of Protection

Immediate Actions

Whenever served with an order of protection in Marion County, MO, it is crucial to take immediate and deliberate steps to get the best possible results in your case:

  • Read the order thoroughly — Begin by thoroughly reading the order of protection document you’ve been served. Understand its terms and restrictions to guarantee compliance. While you may not accept everything it says, knowing it and following it until the hearing is in your best interest in the long run.
  • Do not violate the order — Adhere strictly to the stipulations specified in the order of protection. Any violation can cause severe legal consequences, like arrest.
  • Document all communication — Hold onto a thorough record of any communication, interactions or incidents concerning the person who requested the order of protection. This documentation can serve as vital evidence in your defense.
  • Contact an order of protection defense lawyer — Without delay, contact a qualified attorney with expertise in order of protection cases. Securing legal representation is paramount to protect your rights and future in the best manner.
  • Notify your attorney — Provide all applicable information with your attorney, such as details of the situation that resulted in the order of protection. Transparency is key to forming a strong defense.
  • Restrictions on possessions — If the order of protection has restrictions on accessing your home or possessions, adhere to these restrictions to avoid further legal complications.

Taking these prompt actions will set the foundation for a robust defense and help safeguard your rights through the Marion County, MO order of protection case. Remember that legal representation, such as that given by Combs Waterkotte’s Marion County, MO order of protection defense attorneys, is essential to lead you through this process.

The Legal Process

Upon taking swift steps following being served an order of protection, it’s essential to understand the legal process that will occur:

  • Filing a response — Your attorney will aid you in drafting 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 — Keep in mind the court dates and hearings associated with your case. Attend all scheduled hearings with your attorney to guarantee your voice is recognized and the court does not side with the petitioner before you have your day in court. The hearing usually consists of:
    • Presentation of evidence
    • Witness testimony
    • Cross-examination
    • Legal arguments
    • Issuance or denial of a protection order, along with the duration and explanation of terms (if granted)

Consequences of an Order of Protection in Marion County, MO, Missouri

Encountering an order of protection can result in a variety of major consequences that go beyond the courtroom:

  • Restrictions on contact — The primary consequence is the enforced restriction on communicating with the protected party. This can disrupt 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, such as restrictions 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, such as arrest and possible incarceration.
  • Firearm restrictions — A respondent facing an order of protection may be prohibited 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 immigrant, having an order of protection imposed on you may have consequences. Breaking an order of protection can also result in immigration-related issues.

Taking into account the seriousness of the potential consequences, you need knowledgeable and dedicated legal representation. Combs Waaterkotte knows the nuances of order of protection cases in Marion County, MO and is dedicated to lessening the impact of these orders on your life. Our experienced attorneys are devoted to safeguarding your rights, looking into legal options, and pursuing the best possible outcome for your case. Don’t navigate the complexities of an order of protection alone – have Combs Waterkotte be your champion and guide.

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

If you are confronted with an order of protection or seek legal advice in such matters, we strongly recommend you to schedule a consultation with Combs Waterkotte. In this vital initial meeting, you will have the chance to talk about the details of your case, express your concerns, and gain insights into the legal options open to you.

To begin the preliminary step in the direction of securing your rights and interests in an order of protection case in Marion County, MO, speak to an order of protection defense lawyer in Marion County, MO today at (314) 900-HELP or contact us online for a no-obligation consultation.

With Combs Waterkotte, we are committed to standing by your side through the legal journey, providing steadfast support, legal skill, and advocacy. Don’t hesitate to contact us today to discuss your order of protection case in Marion County, MO and take proactive steps towards defending your rights and future.

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