Order of Protection Defense Lawyer Smithville, MO

Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer Smithville, MO. Combs Waterkotte’s dedicated Smithville, 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 proven track record of excellence, Combs Waterkotte is committed to providing highly successful defense solutions to help good people caught in bad situations. Speak to an order of protection defense lawyer in Smithville, MO today at (314) 900-HELP or reach out to us through our website for a no-risk, no-obligation 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 vital legal measure designed to ensure the well-being of people who may be facing risks, harassment, or violence from someone in their family or household. It is a court-issued document–signed by a judge–that requires the alleged perpetrator to refrain from 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 family member or household member.

If a judge determines there is “good cause”, they can provide an “ex parte order of protection,” which limits contact between the petitioner 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 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 Smithville, MO judge thinks you are.

At this crucial hearing you need your rights and interests protected by expert order of protection defense lawyers in Smithville, MO. If you were handed an order of protection in Smithville, MO, reach out to Combs Waterkotte as soon as possible at (314) 900-HELP. We will endeavor to have your order of protection dismissed and achieve the best possible resolution to your case.

Common Situations Involving Orders of Protection in Smithville, MO

Missouri’s Domestic Violence Act provides two main 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 physical harm
- Battery, or causing physical harm
- Coercion, or employing threats to pressure a person to comply
- 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 means intentionally engaging 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” including following, monitoring, observing, surveilling, threatening, or communicating through any medium or device

Amidst these complex and emotionally charged scenarios, the counsel and representation of an order of protection defense lawyer in Smithville, MO can be all the difference in making sure that the legal process is adhered to correctly and that everyone’s rights are protected.

Combs Waterkotte: Your Smithville, MO Order of Protection Defense Lawyer

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

Proven successes — Combs Waterkotte maintains a strong history of securing the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Smithville, MO. All of our clients are entitled to have their story shared in court.
Expertise and experience — Our team comprises experienced legal professionals with thorough knowledge of order of protection laws, courtroom procedures and negotiation strategies. We utilize this expertise to design robust defenses specific to your unique circumstances.
Legal consultation — We offer an initial consultation free of charge to examine the specifics of your case, answer your questions, discuss your legal options, and create a customized legal strategy.
Evidence collection — Our team helps in gathering and preserving vital evidence to bolster your defense, making sure that no detail is missed and the court will hear 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 every step.
Negotiation — Our skilled negotiators work to reach agreeable resolutions when possible, striving to mitigate the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated Smithville, MO order of protection defense lawyer, you can rest assured that you are getting the best possible defense team, getting the assistance and advocacy you deserve throughout this tough time.

What to Do After Being Served With an Order of Protection

Immediate Actions

If served with an order of protection in Smithville, 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 carefully reading the order of protection document you received. Understand 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 best interest in the long run.
Obey the order — Comply closely to the stipulations mentioned in the order of protection. Any violation can lead to serious legal consequences, including criminal charges.
Document all communication — Maintain a comprehensive record of any correspondence, interactions or incidents concerning the other party. This log can serve as vital evidence in your defense.
Contact an order of protection defense lawyer — Without delay, reach out to a competent attorney with experience in order of protection cases. Getting legal representation is essential to defend your rights and future most effectively.
Notify your attorney — Share all applicable information with your attorney, including details of the situation that led to the order of protection. Candidness is key to creating a solid defense.
Restrictions on possessions — If the order of protection comes with restrictions on entering your home or possessions, adhere to these restrictions to avoid further legal complications.

Taking these prompt actions will establish the foundation for a strong defense and aid safeguard your rights through the Smithville, MO order of protection case. Remember that legal representation, such as that given by Combs Waterkotte’s Smithville, 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 essential to understand the legal process that will unfold:

Filing a response — Your attorney will aid you in preparing and filing a response to the order of protection. This response will outline your version of events and your legal strategy.
Court dates — Keep in mind the court dates and hearings related to 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 hearing your version of events. The hearing usually consists of:
- Presentation of evidence
- Witness testimony
- Cross-examination
- Legal arguments
- Approval or rejection of a protection order, accompanied by the duration and explanation of terms (if granted)

Consequences of an Order of Protection in Smithville, MO, Missouri

Facing an order of protection can cause a spectrum of major consequences that go beyond the courtroom:

Restrictions on contact — The primary consequence is the mandated restriction on contacting the protected party. This can disrupt personal relationships, particularly if you have in common children, a residence, or other common interests.
Impact on personal life — Orders of protection can lead to the loss of personal freedoms, including restrictions on where you can go and who you can be with.
Criminal charges — Violating the terms of an order of protection can cause criminal charges, including arrest and potential incarceration.
Firearm restrictions — A respondent subject to an order of protection may be prohibited from owning firearms as per federal law.
Suspension of concealed carry permit — A concealed carry permit may be suspended if the holder becomes subject to a valid full order of protection.
Immigration consequences — If you’re an immigrant, having an order of protection imposed on you may have consequences. Violating an order of protection can also lead to immigration-related issues.

Taking into account the severity of the potential consequences, you must have knowledgeable and committed legal representation. Combs Waaterkotte understands the intricacies of order of protection cases in Smithville, MO and is focused on reducing the impact of these orders on your life. Our knowledgeable attorneys are devoted to safeguarding your rights, looking into legal options, and pursuing the best possible outcome for your case. Don’t navigate the challenges of an order of protection alone – let Combs Waterkotte be your representative and guide.

Other cases we take on in Smithville, MO include:

Call Combs Waterkotte’s Smithville, MO Order of Protection Defense Lawyer Now

In the event that you are dealing with an order of protection or need legal advice in such matters, we vigorously urge you to arrange for a consultation with Combs Waterkotte. In this crucial initial meeting, you will have the chance to talk about the details of your case, convey your concerns, and acquire insights into the legal options open to you.

To begin the first step towards ensuring your defense in an order of protection case in Smithville, MO, speak to an order of protection defense lawyer in Smithville, MO now at (314) 900-HELP or contact us through our website for a no-obligation consultation.

Through Combs Waterkotte, we are focused on standing by your side during the legal journey, giving unwavering support, knowledge, and advocacy. Don’t wait to contact us now to go over your order of protection case in Smithville, MO and take proactive steps towards defending your rights and future.