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Montgomery County, MO

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Posted by Emily Herr on

Order of Protection Lawyer Montgomery County, MO

If you were hit with 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 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 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.

Understanding Orders of Protection

An order of protection, also called a restraining order, is a vital legal instrument designed to ensure the well-being of people who may be dealing with threats, harassment, or violence from another party. It is a court-issued directive–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 family member or someone who lives with them.

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 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 Montgomery County, MO judge thinks you are.

During this pivotal hearing you need your rights and interests protected by expert order of protection defense lawyers in Montgomery County, MO. If you were given an order of protection in Montgomery County, MO, contact Combs Waterkotte immediately at (314) 900-HELP. We will endeavor 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 provides two primary instances where someone can file an order of protection: abuse and stalking.

  1. Abuse — Abuse can be acts, attempts or threats involving:
    • Injuring a pet
    • Assault, or placing another person in fear of physical harm
    • Battery, or causing physical harm
    • Coercion, or employing threats to force a person to follow a specific action
    • 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 detaining somebody somewhere against their will
  2. Stalking Stalking means purposefully participating 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 tracking, monitoring, observing, surveilling, threatening, or communicating through any medium or device

In these intricate and emotionally charged scenarios, the guidance and representation of an order of protection defense lawyer in Montgomery County, MO can make all the difference in ensuring that the legal process is followed appropriately and that no ones rights are infringed on.

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

Should you be facing an order of protection in Montgomery County, MO, you need a defense lawyer with a thorough understanding of the details involved. Our team of experienced attorneys is proficient 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 boasts 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 have a right to have their story shared 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 tap into this expertise to formulate robust defenses suited for your unique circumstances.
  • Legal consultation — We offer an initial consultation without any fees to evaluate the specifics of your case, answer your questions, go over your legal options, and develop a customized legal strategy.
  • Evidence collection — Our team works in assembling and preserving essential evidence to bolster your defense, ensuring that no detail is ignored and the court will get the full version of all perspectives of the story.
  • Court representation — We provide unwavering representation in court proceedings, advocating for your rights and interests at all phases.
  • Negotiation — Our adept negotiators work to reach favorable resolutions when possible, striving to lessen the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated Montgomery County, MO order of protection defense lawyer, you can feel certain that you are getting the best possible defense team, receiving the assistance and advocacy you require throughout this challenging 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 get the best possible results in your case:

  • Read the order thoroughly — Begin by carefully reading the order of protection document you received. Grasp its terms and restrictions to ensure compliance. While you may not concur with everything it says, understanding it and adhering to it until the hearing is in your best long-term advantage.
  • Obey the order — Comply closely to the stipulations specified in the order of protection. Any violation can result in serious legal consequences, such as arrest.
  • Document all communication — Keep a thorough record of any correspondence, interactions or incidents involving the petitioner. This documentation can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Promptly, contact a knowledgeable attorney with expertise in order of protection cases. Getting legal representation is paramount to protect your rights and future in the best manner.
  • Notify your attorney — Share all applicable information with your attorney, including details of the situation that caused the order of protection. Candidness is key to creating a robust defense.
  • Restrictions on possessions — If the order of protection includes restrictions on accessing your home or possessions, comply with these restrictions to steer clear of further legal complications.

Taking these immediate steps will establish the foundation for a strong defense and assist protect your rights during the Montgomery County, MO order of protection case. Bear in mind that legal representation, such as that provided by Combs Waterkotte’s Montgomery 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 imperative to understand the legal process that will occur:

  • Filing a response — Your attorney will help you in crafting 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. Participate in all scheduled hearings with your attorney to ensure your voice is acknowledged and the court does not side with the petitioner before hearing your side of the story. The hearing usually consists of:
    • 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 Montgomery County, MO, Missouri

Encountering an order of protection can lead to a spectrum of significant consequences that extend beyond the courtroom:

  • Restrictions on contact — The most immediate consequence is the mandated restriction on contacting the protected party. This can interfere with personal relationships, particularly 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, including constraints on where you can go and who you can associate with.
  • Criminal charges — Breaking 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 having firearms under 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 placed on you may have consequences. Violating an order of protection can also result in immigration-related issues.

Taking into account the gravity of the potential consequences, you must have seasoned and devoted legal representation. Combs Waaterkotte understands the intricacies of order of protection cases in Montgomery County, MO and is dedicated to minimizing the impact of these orders on your life. Our experienced attorneys are devoted to defending your rights, investigating legal options, and pursuing the best possible outcome for your case. Do not wade through the challenges of an order of protection alone – have Combs Waterkotte be your advocate and guide.

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

In the event that you are facing an order of protection or seek legal advice in such matters, we highly urge you to schedule a consultation with Combs Waterkotte. In this essential initial meeting, you will have the opportunity to talk about the details of your case, convey your concerns, and obtain insights into the legal options open to you.

To take the first step towards safeguarding 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.

At Combs Waterkotte, we are focused on standing by your side throughout the legal journey, giving steadfast support, legal skill, and advocacy. Don’t wait to get in touch with us today to go over your order of protection case in Montgomery County, MO and take proactive steps towards protecting your rights and future.

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