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Polk County, MO

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Posted by Emily Herr on

Order of Protection Lawyer Polk County, MO

Combs Waterkotte’s expert Polk 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 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 Polk County, MO today at (314) 900-HELP or reach out to us through our website for a no-risk, no-obligation 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 measure designed to ensure the well-being of individuals who may be facing risks, harassment, or violence from someone in their family or household. It serves as a court-issued directive–signed by a judge–that compels the accused to avoid any form of contact with the petitioner.

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 evaluates the petition and thinks there is compelling rationale, they can provide an “ex parte order of protection,” which limits contact between the petitioner and their alleged abuser. 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 Polk County, MO judge thinks you are.

It’s at this hearing that you need your rights and future protected by experienced order of protection defense lawyers in Polk County, MO. If you were handed an order of protection in Polk County, 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 Polk 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 putting another person in fear of being physically injured
    • Battery, or inflicting physical harm
    • Coercion, or employing threats to force 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 holding somebody somewhere against their will
  2. Stalking Stalking means purposefully participating in an unwanted course of conduct that causes alarm.
    • Alarm means to cause 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 highly emotional scenarios, the counsel and representation of an order of protection defense lawyer in Polk County, MO can make all the difference in ensuring that the legal process is followed correctly and that no ones rights are infringed on.

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

When you are facing an order of protection in Polk County, MO, you need a defense lawyer with a profound understanding of the nuances involved. Our team of experienced attorneys is well-versed in Polk County and Missouri order of protection law. As your Polk County, MO order of protection defense lawyer, we provide:

  • Proven successes Combs Waterkotte maintains a consistent track record of attaining the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Polk County, MO. Each and every 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 thorough knowledge of order of protection laws, courtroom procedures and negotiation strategies. We leverage this expertise to craft robust defenses suited for your unique circumstances.
  • Legal consultation — We offer an initial consultation free of charge 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 collecting and preserving crucial evidence to strengthen your defense, guaranteeing that no detail is missed and the court will receive the full version of every angle of the story.
  • Court representation — We deliver unwavering representation in court proceedings, advocating for your rights and interests at every step.
  • Negotiation — Our adept negotiators endeavor to reach amicable resolutions when possible, aiming to lessen the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated Polk County, MO order of protection defense lawyer, you can be confident that you are getting the best possible defense team, getting the support and advocacy you deserve amidst this tough time.

What to Do After Being Served With an Order of Protection

Immediate Actions

If served with an order of protection in Polk County, MO, it is vital to take immediate and deliberate steps to defend 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 guarantee compliance. While you may not agree with everything it says, comprehending it and adhering to it until the hearing is in your best interest in the long run.
  • Do not violate the order — Adhere strictly to the stipulations outlined in the order of protection. Any violation can lead to serious legal consequences, including arrest.
  • Document all communication — Maintain a detailed record of any correspondence, interactions or incidents concerning the petitioner. This record can serve as vital evidence in your defense.
  • Contact an order of protection defense lawyer — Without delay, contact a knowledgeable attorney with expertise in order of protection cases. Securing legal representation is vital to protect your rights and future in the most optimal way.
  • Notify your attorney — Provide all relevant information with your attorney, including details of the situation that caused the order of protection. Openness is key to forming a solid defense.
  • Restrictions on possessions — If the order of protection comes with restrictions on accessing your home or possessions, abide by these restrictions to avoid further legal complications.

Taking these prompt steps will lay the foundation for a robust defense and aid defend your rights throughout the Polk County, MO order of protection case. Bear in mind that legal representation, like that offered by Combs Waterkotte’s Polk County, MO order of protection defense attorneys, is vital to lead you through this process.

The Legal Process

Upon taking prompt steps post being served an order of protection, it’s essential to understand the legal process that will occur:

  • Filing a response — Your attorney will help you in preparing and filing a response to the order of protection. This response will detail your side of the story and your defense strategy.
  • Court dates — Keep in mind the court dates and hearings associated with 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 you have your day in court. The hearing usually includes:
    • Presentation of evidence
    • Witness testimony
    • Cross-examination
    • Legal arguments
    • Issuance or denial of a protection order, including the duration and explanation of terms (if granted)

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

Facing an order of protection can result in a variety of significant consequences that go beyond the courtroom:

  • Restrictions on contact — The foremost 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 result in the loss of personal freedoms, such as constraints 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 potential incarceration.
  • Firearm restrictions — A respondent facing an order of protection may be banned from owning 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 placed on you may have consequences. Infringing an order of protection can also cause immigration-related issues.

Given the gravity of the potential consequences, you require knowledgeable and committed legal representation. Combs Waaterkotte understands the subtleties of order of protection cases in Polk County, MO and is dedicated to reducing the impact of these orders on your life. Our knowledgeable attorneys are committed to defending your rights, exploring legal options, and seeking the best possible outcome for your case. Don’t wade through the challenges of an order of protection alone – have Combs Waterkotte be your representative and guide.

Call Combs Waterkotte’s Polk County, MO Order of Protection Defense Lawyer Today

If you are confronted with an order of protection or seek legal advice in such matters, we strongly recommend you to set up a consultation with Combs Waterkotte. During this vital initial meeting, you will have the opportunity to talk about the details of your case, voice your concerns, and obtain insights into the legal options available to you.

To take the first step towards ensuring your defense in an order of protection case in Polk County, MO, reach out to an order of protection defense lawyer in Polk County, MO today at (314) 900-HELP or contact us online for a no-obligation consultation.

At Combs Waterkotte, we are dedicated to standing by your side through the legal journey, giving steadfast support, knowledge, and advocacy. Do not wait to reach out to us now to talk about your order of protection case in Polk County, MO and take proactive steps towards protecting your rights and future.

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