Order of Protection Defense Lawyer O’Fallon, MO

Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer O’Fallon, MO. If you were hit with a restraining order in O’Fallon, 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 effective legal solutions tailored to the unique needs of our clients. Speak to an order of protection defense lawyer in O’Fallon, MO today at (314) 900-HELP or reach out to us through our website for a complimentary consultation. You can check out our defense victories here.

What Is an Order of Protection?

An order of protection, also called a restraining order, is a vital legal tool designed to protect individuals who may be dealing with risks, harassment, or violence from another party. It serves as a court-issued directive–signed by a judge–that orders the alleged perpetrator 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 protective order alleging those actions against a current relative 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 they person they say abused them. 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 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 O’Fallon, MO judge thinks you are.

It’s at this hearing that you need your rights and future protected by talented order of protection defense lawyers in O’Fallon, MO. If you were handed an order of protection in O’Fallon, 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 O’Fallon, MO

Missouri’s Domestic Violence Act presents two primary instances where someone can file an order of protection: abuse and stalking.

Abuse — Abuse can be acts, attempts or threats involving:
- Harming a pet
- Assault, or placing another person in fear of physical harm
- Battery, or causing physical harm
- Coercion, or leveraging threats to force 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
- Unlawful imprisonment, or holding somebody somewhere against their will
Stalking — Stalking means 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” including following, monitoring, observing, surveilling, threatening, or communicating through any method or device

Within such complicated and highly emotional scenarios, the guidance and representation of an order of protection defense lawyer in O’Fallon, MO can be all the difference in guaranteeing that the legal process is followed appropriately and that no ones rights are infringed on.

Combs Waterkotte: Your O’Fallon, MO Order of Protection Defense Lawyer

When you are facing an order of protection in O’Fallon, MO, you need a defense lawyer with a deep understanding of the intricacies involved. Our team of knowledgeable attorneys is adept in O’Fallon and Missouri order of protection law. As your O’Fallon, MO order of protection defense lawyer, we provide:

Proven successes — Combs Waterkotte boasts a consistent track record of securing the best possible outcomes for clients who received orders of protection and/or criminal charges in O’Fallon, MO. Every single one of our clients are entitled to have their story presented in court.
Expertise and experience — Our team is made up of seasoned 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 specific to your unique circumstances.
Legal consultation — We provide an initial consultation at no cost to examine the specifics of your case, address your questions, go over your legal options, and create a customized legal strategy.
Evidence collection — Our team assists in gathering and preserving essential evidence to bolster your defense, guaranteeing that no detail is ignored and the court will receive the full version of both sides of the story.
Court representation — We offer resolute representation in court proceedings, fighting for your rights and interests at all phases.
Negotiation — Our skilled negotiators endeavor to reach agreeable resolutions when possible, striving to lessen the impact of an order of protection on your life.

By choosing Combs Waterkotte as your dedicated O’Fallon, MO order of protection defense lawyer, you can be confident that you are in competent hands, receiving the support and advocacy you need amidst this difficult time.

What to Do After Being Served With an Order of Protection

Immediate Actions

If served with an order of protection in O’Fallon, 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 meticulously reading the order of protection document you received. Comprehend its terms and restrictions to make sure of compliance. While you may not agree with everything it says, knowing it and following it until the hearing is in your long-term best interest.
Obey the order — Stick firmly to the stipulations mentioned in the order of protection. Any violation can lead to grave legal consequences, including criminal charges.
Document all communication — Hold onto a thorough record of any interactions, interactions or incidents involving the other party. This documentation can serve as essential evidence in your defense.
Contact an order of protection defense lawyer — Without delay, contact a competent attorney with a background in order of protection cases. Getting legal representation is vital to protect your rights and future in the best manner.
Notify your attorney — Give all relevant information with your attorney, like details of the situation that caused the order of protection. Openness is key to creating a strong defense.
Restrictions on possessions — If the order of protection includes restrictions on entering your home or possessions, abide by these restrictions to avoid further legal complications.

Taking these immediate actions will establish the foundation for a solid defense and assist protect your rights during the O’Fallon, MO order of protection case. Bear in mind that legal representation, such as that offered by Combs Waterkotte’s O’Fallon, MO order of protection defense attorneys, is essential to lead you through this process.

The Legal Process

Once taking prompt steps after being served an order of protection, it’s essential 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 depict your version of events and your legal strategy.
Court dates — Be aware of the court dates and hearings tied to your case. Attend all scheduled court appearances with your attorney to ensure your voice is heard 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
- Approval or rejection of a protection order, including the duration and explanation of terms (if granted)

Consequences of an Order of Protection in O’Fallon, MO, Missouri

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

Restrictions on contact — The primary consequence is the mandated restriction on reaching out to the protected party. This can disrupt personal relationships, particularly 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, like restrictions on where you can go and who you can associate with.
Criminal charges — Violating the terms of an order of protection can cause criminal charges, including arrest and potential incarceration.
Firearm restrictions — A respondent under an order of protection may be prohibited from possessing firearms as per 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 foreign national, having an order of protection issued against you may have consequences. Infringing an order of protection can also cause immigration-related issues.

Considering the gravity of the potential consequences, you must have experienced and dedicated legal representation. Combs Waaterkotte understands the subtleties of order of protection cases in O’Fallon, MO and is dedicated to reducing the impact of these orders on your life. Our experienced attorneys are focused on defending your rights, investigating legal options, and seeking the best possible outcome for your case. Do not navigate the complexities of an order of protection alone – have Combs Waterkotte be your representative and guide.

Other cases we take on in O’Fallon, MO include:

Call Combs Waterkotte’s O’Fallon, 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 vigorously recommend you to set up a consultation with Combs Waterkotte. During this essential initial meeting, you will have the occasion to talk about the details of your case, voice your concerns, and obtain insights into the legal options accessible for you.

To take the preliminary step in the direction of ensuring your defense in an order of protection case in O’Fallon, MO, speak to an order of protection defense lawyer in O’Fallon, MO now at (314) 900-HELP or contact us through our website for a no-obligation consultation.

With Combs Waterkotte, we are focused on standing by your side throughout the legal journey, offering steadfast support, knowledge, and advocacy. Do not delay to reach out to us now to discuss your order of protection case in O’Fallon, MO and take proactive steps towards protecting your rights and future.