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 ensure your rights and future stay intact. 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 contact us online for a no-cost consultation. Take a look at our defense victories here.
Understanding Orders of Protection
An order of protection, also called a restraining order, is a essential legal instrument designed to ensure the safety of individuals who may be confronting threats, harassment, or violence from someone else. It serves as a court-issued directive–signed by a judge–that requires the accused to avoid any form of contact with the petitioner.
Under Missouri Revised Statute §455.020, anybody who has suffered from domestic violence, stalking or sexual assault can file an restraining order alleging those actions against a current relative 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 petitioner and they person they say abused them. 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 O’Fallon, MO judge thinks you are.
During this pivotal hearing you need your rights and interests protected by talented order of protection defense lawyers in O’Fallon, MO. If you were given an order of protection in O’Fallon, MO, contact Combs Waterkotte as soon as possible at (314) 900-HELP. We will endeavor to have your order of protection dismissed and obtain the best possible resolution to your case.
Common Situations Involving Orders of Protection in O’Fallon, MO
Missouri’s Domestic Violence Act provides two primary instances where someone can file an order of protection: abuse and stalking.
- Abuse — Abuse can be acts, attempts or threats involving:
- Mistreating a pet
- Assault, or placing another person in fear of being physically injured
- Battery, or inflicting physical harm
- Coercion, or employing threats to compel a person to follow a specific action
- 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
- Stalking — Stalking implies deliberately 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 tracking, monitoring, observing, surveilling, threatening, or communicating through any method or device
In these intricate and highly emotional scenarios, the guidance and representation of an order of protection defense lawyer in O’Fallon, MO can prove to be all the difference in ensuring that the legal process is adhered to appropriately and that each individual’s rights are protected.
Combs Waterkotte: Your O’Fallon, MO Order of Protection Defense Lawyer
If you’re facing an order of protection in O’Fallon, MO, you require a defense lawyer with a deep understanding of the details involved. Our team of seasoned attorneys is well-versed 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 strong history of securing the best possible outcomes for clients dealing with orders of protection and/or criminal charges in O’Fallon, MO. Every single one of our clients deserve to have their story presented in court.
- Expertise and experience — Our team consists of experienced legal professionals with deep knowledge of order of protection laws, courtroom procedures and negotiation strategies. We utilize this expertise to design robust defenses suited for your unique circumstances.
- Legal consultation — We provide an initial consultation at no cost to examine the specifics of your case, respond to your questions, discuss your legal options, and create a customized legal strategy.
- Evidence collection — Our team helps in gathering and preserving essential evidence to bolster your defense, making sure that no detail is ignored and the court will hear 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 talented negotiators work to reach agreeable resolutions when possible, aiming to reduce the impact of an order of protection on your life.
With Combs Waterkotte as your dedicated O’Fallon, MO order of protection defense lawyer, you can rest assured that you are in trustworthy hands, benefiting from the support and advocacy you require amidst this tough time.
What to Do After Being Served With an Order of Protection
Immediate Actions
When served with an order of protection in O’Fallon, MO, it is imperative to take immediate and deliberate steps to safeguard your rights and interests:
- Read the order thoroughly — Start with 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, comprehending it and following it until the hearing is in your long-term best interest.
- Obey the order — Comply closely to the stipulations outlined in the order of protection. Any violation can result in serious legal consequences, including criminal charges.
- Document all communication — Maintain a thorough record of any communication, interactions or incidents concerning the petitioner. This record can serve as vital evidence in your defense.
- Contact an order of protection defense lawyer — Promptly, reach out to a competent attorney with expertise in order of protection cases. Securing legal representation is essential to protect your rights and future most effectively.
- Notify your attorney — Give all relevant information with your attorney, like details of the situation that led to the order of protection. Transparency is key to creating a robust defense.
- Restrictions on possessions — If the order of protection includes restrictions on reaching your home or possessions, adhere to these restrictions to prevent further legal complications.
Taking these immediate steps will lay the foundation for a robust defense and help protect your rights through the O’Fallon, MO order of protection case. Bear in mind that legal representation, akin to that provided by Combs Waterkotte’s O’Fallon, MO order of protection defense attorneys, is vital to lead you through this process.
The Legal Process
After taking immediate steps post being served an order of protection, it’s imperative to understand the legal process that will transpire:
- Filing a response — Your attorney will help you in drafting and filing a response to the order of protection. This response will detail your side of the story and your legal strategy.
- Court dates — Stay informed of the court dates and hearings tied to your case. Be present at all scheduled court appearances with your attorney to make sure 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
- Granting or refusal of a protection order, accompanied by the duration and explanation of terms (if granted)
Consequences of an Order of Protection in O’Fallon, MO, Missouri
Confronting an order of protection can cause a variety of notable consequences that extend beyond the courtroom:
- Restrictions on contact — The primary consequence is the enforced restriction on communicating with 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 cause the loss of personal freedoms, such as limitations on where you can go and who you can associate with.
- Criminal charges — Breaking the terms of an order of protection can result in criminal charges, like arrest and possible incarceration.
- Firearm restrictions — A respondent subject to an order of protection may be prohibited from having 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 placed on you may have consequences. Infringing an order of protection can also lead to immigration-related issues.
Considering the gravity of the potential consequences, you need experienced and devoted legal representation. Combs Waaterkotte understands the intricacies of order of protection cases in O’Fallon, 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 seeking the best possible outcome for your case. Do not wade through the challenges of an order of protection alone – have Combs Waterkotte be your representative and guide.
Call Combs Waterkotte’s O’Fallon, MO Order of Protection Defense Lawyer For a Free Consultation
In the event that you are dealing with an order of protection or need legal guidance in such matters, we strongly urge you to schedule a consultation with Combs Waterkotte. In this essential initial meeting, you will have the chance to discuss the details of your case, voice your concerns, and obtain insights into the legal options open to you.
To take the first step in the direction of securing your rights and interests in an order of protection case in O’Fallon, MO, reach out to an order of protection defense lawyer in O’Fallon, MO today at (314) 900-HELP or contact us through our website for a complimentary consultation.
At Combs Waterkotte, we are focused on supporting you throughout the legal journey, offering unwavering support, knowledge, and advocacy. Do not wait to contact us now to talk about your order of protection case in O’Fallon, MO and take proactive steps towards safeguarding your rights and future.
