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Phelps County, MO

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Posted by Emily Herr on

Order of Protection Lawyer Phelps County, MO

Combs Waterkotte’s expert Phelps County, MO order of protection defense lawyers are trusted and esteemed criminal defense attorneys dedicated to safeguarding the rights and interests of individuals who have been served with a restraining order. With a impressive track record of excellence, Combs Waterkotte is committed to providing effective legal solutions to help good people caught in bad situations. Speak to an order of protection defense lawyer in Phelps County, MO today at (314) 900-HELP or contact us online for a complimentary 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 critical legal instrument designed to ensure the safety of individuals who may be confronting dangers, harassment, or assault from someone in their family or household. It serves as a court-issued document–signed by a judge–that orders the alleged perpetrator to refrain from any form of contact with the person who requested the order of protection.

Under Missouri Revised Statute §455.020, anybody who has suffered from domestic violence, stalking or sexual assault can file an order of protection 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 issue an “ex parte order of protection,” which limits contact between the alleged victim 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 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 Phelps County, MO judge thinks you are.

It’s at this hearing that you need your rights and interests protected by talented order of protection defense lawyers in Phelps County, MO. If you were served with an order of protection in Phelps County, MO, reach out to Combs Waterkotte immediately at (314) 900-HELP. We will strive to have your order of protection dismissed and secure the best possible resolution to your case.

Common Situations Involving Orders of Protection in Phelps County, MO

Missouri’s Domestic Violence Act offers 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 being physically injured
    • Battery, or inflicting physical harm
    • Coercion, or leveraging threats to force a person to act in a certain way
    • Harassment, or participating 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 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” such as following, monitoring, observing, surveilling, threatening, or communicating through any medium or device

Amidst these complex and highly emotional scenarios, the counsel and representation of an order of protection defense lawyer in Phelps 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 Phelps County, MO Order of Protection Defense Lawyer

If you’re facing an order of protection in Phelps County, MO, you need a defense lawyer with a deep understanding of the intricacies involved. Our team of experienced attorneys is adept in Phelps County and Missouri order of protection law. As your Phelps County, MO order of protection defense lawyer, we offer:

  • Proven successes Combs Waterkotte boasts a consistent track record of attaining the best possible outcomes for clients facing orders of protection and/or criminal charges in Phelps County, MO. Every single one of our clients have a right to have their story presented in court.
  • Expertise and experience — Our team consists of veteran legal professionals with deep 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 free of charge to evaluate the specifics of your case, address your questions, review your legal options, and develop a customized legal strategy.
  • Evidence collection — Our team helps in assembling and preserving crucial evidence to strengthen your defense, ensuring that no detail is ignored and the court will receive the full version of both sides of the story.
  • Court representation — We deliver steadfast representation in court proceedings, fighting for your rights and interests at all phases.
  • Negotiation — Our skilled negotiators work to reach agreeable resolutions when possible, striving to lessen the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated Phelps County, MO order of protection defense lawyer, you can feel certain that you are in competent hands, receiving the assistance and advocacy you deserve amidst this difficult time.

What to Do After Being Served With an Order of Protection

Immediate Actions

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

  • Read the order thoroughly — Begin by meticulously reading the order of protection document you received. Grasp its terms and restrictions to guarantee compliance. While you may not agree with everything it says, understanding it and following it until the hearing is in your long-term best interest.
  • Obey the order — Adhere strictly to the stipulations mandated in the order of protection. Any violation can cause grave legal consequences, like arrest.
  • Document all communication — Keep a thorough record of any communication, interactions or incidents involving the person who requested the order of protection. This record can serve as essential evidence in your defense.
  • Contact an order of protection defense lawyer — Promptly, get in touch with a qualified attorney with expertise in order of protection cases. Obtaining legal representation is essential to safeguard your rights and future in the best manner.
  • Notify your attorney — Give all pertinent information with your attorney, such as details of the situation that caused the order of protection. Openness is key to forming a robust defense.
  • Restrictions on possessions — If the order of protection has restrictions on entering your home or possessions, adhere to these restrictions to prevent further legal complications.

Taking these prompt actions will lay the foundation for a solid defense and help defend your rights throughout the Phelps County, MO order of protection case. Remember that legal representation, akin to that offered by Combs Waterkotte’s Phelps County, MO order of protection defense attorneys, is crucial to lead you through this process.

The Legal Process

Upon taking prompt steps following being served an order of protection, it’s imperative to understand the legal process that will unfold:

  • Filing a response — Your attorney will assist you in preparing and filing a response to the order of protection. This response will detail your side of the story and the legal defenses you have.
  • Court dates — Stay informed of the court dates and hearings associated with your case. Attend all scheduled court appearances with your attorney to guarantee 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
    • Approval or rejection of a protection order, including the duration and explanation of terms (if granted)

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

Confronting an order of protection can lead to a spectrum of major consequences that go beyond the courtroom:

  • Restrictions on contact — The primary consequence is the mandated restriction on communicating with the protected party. This can interfere with personal relationships, especially if you have in common children, a residence, or other common interests.
  • Impact on personal life — Orders of protection can result in the loss of personal freedoms, including restrictions on where you can go and who you can be with.
  • Criminal charges — Infringing the terms of an order of protection can lead to criminal charges, such as arrest and possible incarceration.
  • Firearm restrictions — A respondent subject to an order of protection may be banned 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 foreign national, having an order of protection imposed on you may have consequences. Violating an order of protection can also result in immigration-related issues.

Considering the severity of the potential consequences, you require knowledgeable and devoted legal representation. Combs Waaterkotte knows the nuances of order of protection cases in Phelps County, MO and is dedicated to lessening the impact of these orders on your life. Our knowledgeable attorneys are focused on protecting your rights, looking into legal options, and seeking the best possible outcome for your case. Do not wade through the complications of an order of protection alone – allow Combs Waterkotte be your representative and guide.

Call Combs Waterkotte’s Phelps 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 urge you to set up a consultation with Combs Waterkotte. During this crucial initial meeting, you will have the chance to discuss the details of your case, voice your concerns, and gain insights into the legal options open to you.

To take the preliminary step towards securing your defense in an order of protection case in Phelps County, MO, talk to an order of protection defense lawyer in Phelps County, MO today at (314) 900-HELP or contact us online for a complimentary consultation.

At Combs Waterkotte, we are dedicated to supporting you throughout the legal journey, giving steadfast support, legal skill, and advocacy. Don’t delay to contact us today to talk about your order of protection case in Phelps County, MO and take proactive steps towards defending your rights and future.

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