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Montgomery County, MO

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Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer Montgomery County, MO

If you received a restraining order in Montgomery County, MO you need a knowledgeable order of protection defense lawyer to ensure your rights and future stay intact. With a impressive 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 Montgomery County, MO today at (314) 900-HELP or contact 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 called a restraining order, is a essential legal instrument designed to protect individuals who may be facing risks, harassment, or assault from someone in their family or household. It is a court-issued document–signed by a judge–that compels 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 order of protection alleging those actions against a current family member or household member.

If a judge determines there is justifiable reason, they can provide an “ex parte order of protection,” which limits contact between the alleged victim and they person they say is a risk. The ex parte order is issued before a hearing and remains in effect until a hearing. If a hearing doesn’t occur 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 Montgomery County, MO judge thinks you are.

At this crucial hearing you need your rights and future protected by expert order of protection defense lawyers in Montgomery County, MO. If you were given an order of protection in Montgomery County, MO, get in touch with Combs Waterkotte as soon as possible at (314) 900-HELP. We will strive to have your order of protection dismissed and obtain the best possible outcome in your case.

Common Situations Involving Orders of Protection in Montgomery County, MO

Missouri’s Domestic Violence Act presents 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 physical harm
    • Battery, or inflicting physical harm
    • Coercion, or employing threats to pressure a person to comply
    • Harassment, or participating in a course of conduct that “alarms or causes distress to another person and serves no legitimate purpose”
    • Sexual assault
    • Unlawful imprisonment, or holding somebody somewhere against their will
  2. Stalking Stalking implies intentionally engaging in an unwanted course of conduct that causes alarm.
    • Alarm means to trigger 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 method or device

Within such complicated and highly emotional scenarios, the advice and representation of an order of protection defense lawyer in Montgomery County, MO can make all the difference in guaranteeing that the legal process is followed correctly and that everyone’s rights are protected.

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

When you are facing an order of protection in Montgomery County, MO, you should have a defense lawyer with a thorough understanding of the nuances involved. Our team of seasoned attorneys is well-versed in Montgomery County and Missouri order of protection law. As your Montgomery County, MO order of protection defense lawyer, we offer:

  • Proven successes Combs Waterkotte maintains a proven history of securing the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Montgomery County, MO. All of our clients deserve to have their story shared in court.
  • Expertise and experience — Our team comprises seasoned 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 offer an initial consultation at no cost to evaluate the specifics of your case, respond to your questions, review your legal options, and develop a customized legal strategy.
  • Evidence collection — Our team works in assembling and preserving essential evidence to strengthen your defense, ensuring that no detail is missed and the court will receive the full version of all perspectives of the story.
  • Court representation — We offer resolute representation in court proceedings, fighting for your rights and future at all phases.
  • Negotiation — Our adept negotiators endeavor to reach favorable resolutions when possible, striving to mitigate the impact of an order of protection on your life.

By choosing Combs Waterkotte as your dedicated Montgomery County, MO order of protection defense lawyer, you can be confident that you are in trustworthy hands, receiving the help and advocacy you deserve throughout this difficult time.

What to Do After Being Served With an Order of Protection

Immediate Actions

Whenever served with an order of protection in Montgomery County, MO, it is vital to take immediate and deliberate steps to safeguard your rights and interests:

  • Read the order thoroughly — Start with thoroughly reading the order of protection document you’ve been served. Grasp its terms and restrictions to make sure of compliance. While you may not agree with everything it says, comprehending it and abiding by it until the hearing is in your long-term best interest.
  • Obey the order — Adhere strictly to the stipulations specified in the order of protection. Any violation can cause serious legal consequences, such as arrest.
  • Document all communication — Keep a thorough record of any communication, interactions or incidents concerning the person who requested the order of protection. This record can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Immediately, reach out to a knowledgeable attorney with a background in order of protection cases. Getting legal representation is paramount to defend your rights and future in the most optimal way.
  • Notify your attorney — Provide all applicable information with your attorney, such as details of the situation that led to the order of protection. Openness is key to creating a solid defense.
  • Restrictions on possessions — If the order of protection includes restrictions on reaching your home or possessions, comply with these restrictions to steer clear of further legal complications.

Taking these swift actions will establish the foundation for a strong defense and help defend your rights throughout the Montgomery County, MO order of protection case. Remember that legal representation, like that given by Combs Waterkotte’s Montgomery County, MO order of protection defense attorneys, is crucial to direct you through this process.

The Legal Process

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

  • Filing a response — Your attorney will assist you in drafting and filing a response to the order of protection. This response will outline your side of the story and the legal defenses you have.
  • Court dates — Keep in mind the court dates and hearings related to your case. Participate in all scheduled court appearances with your attorney to ensure your voice is recognized 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 Montgomery County, MO, Missouri

Facing an order of protection can lead to a variety of major consequences that extend beyond the courtroom:

  • Restrictions on contact — The foremost consequence is the imposed restriction on contacting 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 lead to the loss of personal freedoms, such as constraints 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, like arrest and possible 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 immigrant, having an order of protection issued against you may have consequences. Violating an order of protection can also lead to immigration-related issues.

Considering the seriousness of the potential consequences, you require knowledgeable and committed legal representation. Combs Waaterkotte understands the intricacies of order of protection cases in Montgomery County, MO and is committed to lessening the impact of these orders on your life. Our experienced attorneys are focused on safeguarding your rights, looking into legal options, and seeking the best possible outcome for your case. Do not traverse the complications of an order of protection alone – let Combs Waterkotte be your champion and guide.

Other cases we take on in Montgomery County, MO include:

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

In the event that you are confronted with an order of protection or require legal advice in such matters, we strongly recommend you to arrange for a consultation with Combs Waterkotte. During this vital initial meeting, you will have the chance to talk about the details of your case, voice your concerns, and gain insights into the legal options available to you.

To begin the preliminary step in the direction of securing your defense in an order of protection case in Montgomery County, MO, reach out to an order of protection defense lawyer in Montgomery County, MO now at (314) 900-HELP or contact us online for a complimentary consultation.

Through Combs Waterkotte, we are focused on standing by your side throughout the legal journey, offering unwavering support, knowledge, and advocacy. Don’t delay to reach out to us now to talk about your order of protection case in Montgomery County, MO and take proactive steps towards safeguarding your rights and future.

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