Order of Protection Lawyer Smithville, MO
If you received a restraining order in Smithville, MO you need a skilled order of protection defense lawyer to ensure your rights and future stay intact. With a impressive 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 online for a no-risk, no-obligation consultation. You can check out our defense victories here.
Understanding Orders of Protection
An order of protection, also called a restraining order, is a essential legal instrument designed to protect individuals who may be confronting threats, harassment, or assault from another party. It is a court-issued directive–signed by a judge–that requires 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 has suffered from domestic violence, stalking or sexual assault can file an order of protection alleging those actions against a current relative or household member.
If a judge determines there is justifiable reason, they can provide an “ex parte order of protection,” which limits contact between the alleged victim and their alleged abuser. 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 Smithville, MO judge thinks you are.
It’s at this hearing that 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, contact Combs Waterkotte immediately at (314) 900-HELP. We will strive 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 chief 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 putting another person in fear of physical harm
- Battery, or inflicting physical harm
- Coercion, or employing threats to compel a person to comply
- Harassment, or taking part 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 undertaking 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 emotionally charged scenarios, the guidance and representation of an order of protection defense lawyer in Smithville, MO can prove to be all the difference in ensuring that the legal process is followed correctly and that everyone’s rights are protected.
Combs Waterkotte: Your Smithville, MO Order of Protection Defense Lawyer
Should you be facing an order of protection in Smithville, MO, you require a defense lawyer with a deep understanding of the nuances involved. Our team of knowledgeable attorneys is proficient in Smithville and Missouri order of protection law. As your Smithville, MO order of protection defense lawyer, we offer:
- Proven successes — Combs Waterkotte boasts a strong history of attaining 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 heard in court.
- Expertise and experience — Our team comprises seasoned legal professionals with thorough knowledge of order of protection laws, courtroom procedures and negotiation strategies. We tap into this expertise to design robust defenses tailored to your unique circumstances.
- Legal consultation — We provide an initial consultation at no cost to examine the specifics of your case, answer your questions, go over your legal options, and create a customized legal strategy.
- Evidence collection — Our team assists in collecting and preserving vital evidence to bolster your defense, guaranteeing that no detail goes overlooked and the court will get the full version of both sides of the story.
- Court representation — We offer unwavering representation in court proceedings, standing up for your rights and future at every step.
- Negotiation — Our skilled negotiators endeavor to reach agreeable resolutions when possible, aiming to lessen 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 in competent hands, getting the support and advocacy you require during 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 defend your rights and interests:
- Read the order thoroughly — Start with thoroughly reading the order of protection document you received. Comprehend its terms and restrictions to ensure compliance. While you may not agree with everything it says, comprehending it and following it until the hearing is in your best interest in the long run.
- Obey the order — Adhere strictly to the stipulations mandated in the order of protection. Any violation can cause serious legal consequences, such as arrest.
- Document all communication — Keep a detailed record of any interactions, interactions or incidents concerning the petitioner. This log can serve as crucial evidence in your defense.
- Contact an order of protection defense lawyer — Immediately, reach out to a qualified attorney with experience in order of protection cases. Getting legal representation is paramount to safeguard your rights and future in the most optimal way.
- Notify your attorney — Give all pertinent information with your attorney, such as details of the situation that resulted in the order of protection. Candidness is key to creating a solid defense.
- Restrictions on possessions — If the order of protection includes restrictions on reaching your home or possessions, abide by these restrictions to avoid further legal complications.
Taking these swift actions will establish the foundation for a robust defense and aid protect your rights through the Smithville, MO order of protection case. Keep in mind that legal representation, akin to that offered by Combs Waterkotte’s Smithville, MO order of protection defense attorneys, is essential to lead you through this process.
The Legal Process
Upon taking immediate steps after being served an order of protection, it’s imperative to understand the legal process that will occur:
- Filing a response — Your attorney will aid you in crafting and filing a response to the order of protection. This response will depict your side of the story and the legal defenses you have.
- Court dates — Keep in mind the court dates and hearings related to your case. Attend all scheduled hearings with your attorney to make sure your voice is heard and the court does not side with the petitioner before you have your day in court. The hearing usually comprises:
- 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 result in a spectrum of major consequences that reach beyond the courtroom:
- Restrictions on contact — The foremost consequence is the enforced restriction on reaching out to 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, like constraints on where you can go and who you can spend time with.
- Criminal charges — Infringing the terms of an order of protection can lead to criminal charges, including arrest and possible incarceration.
- Firearm restrictions — A respondent facing an order of protection may be prohibited from having 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 alien, having an order of protection issued against you may have consequences. Violating an order of protection can also lead to immigration-related issues.
Considering the severity of the potential consequences, you require seasoned and devoted legal representation. Combs Waaterkotte understands the nuances of order of protection cases in Smithville, MO and is dedicated to minimizing the impact of these orders on your life. Our experienced attorneys are devoted to defending your rights, investigating legal options, and seeking the best possible outcome for your case. Don’t wade through the complexities of an order of protection alone – let Combs Waterkotte be your representative and guide.
Call Combs Waterkotte’s Smithville, MO Order of Protection Defense Lawyer Now
If you are dealing with an order of protection or seek legal guidance in such matters, we vigorously encourage you to set up a consultation with Combs Waterkotte. In this crucial initial meeting, you will have the chance to discuss the details of your case, convey your concerns, and obtain insights into the legal options open to you.
To begin the preliminary step towards safeguarding 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 online for a free consultation.
At Combs Waterkotte, we are focused on supporting you through the legal journey, offering resolute support, legal skill, and advocacy. Do not delay to get in touch with us now to go over your order of protection case in Smithville, MO and take proactive steps towards safeguarding your rights and future.
