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St. Charles, MO

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Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer St. Charles, MO

If you were hit with a restraining order in St. Charles, MO you need an experienced order of protection defense lawyer to ensure your rights and future stay intact. With a proven track record of excellence, Combs Waterkotte is committed to providing highly successful defense solutions tailored to the unique needs of our clients. Speak to an order of protection defense lawyer in St. Charles, MO today at (314) 900-HELP or contact us through our website for a no-cost 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 essential legal instrument designed to safeguard individuals who may be facing risks, harassment, or assault from someone in their family or household. It is a court-issued directive–signed by a judge–that compels the accused to abstain 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 order of protection alleging those actions against a current family member or someone who lives with them.

If a judge evaluates the petition and thinks there is justifiable reason, they can issue 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 take place 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 St. Charles, 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 St. Charles, MO. If you were handed an order of protection in St. Charles, MO, reach out to 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 St. Charles, MO

Missouri’s Domestic Violence Act presents two primary instances where someone can file an order of protection: abuse and stalking.

  1. Abuse — Abuse can be acts, attempts or threats involving:
    • Harming a pet
    • Assault, or putting another person in fear of being physically injured
    • Battery, or causing physical harm
    • Coercion, or employing threats to pressure a person to act in a certain way
    • 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 holding somebody somewhere against their will
  2. Stalking Stalking implies purposefully 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 tracking, monitoring, observing, surveilling, threatening, or communicating through any method or device

Amidst these complex and emotionally charged scenarios, the guidance and representation of an order of protection defense lawyer in St. Charles, MO can be all the difference in guaranteeing that the legal process is followed appropriately and that each individual’s rights are protected.

Combs Waterkotte: Your St. Charles, MO Order of Protection Defense Lawyer

Should you be facing an order of protection in St. Charles, MO, you require a defense lawyer with a thorough understanding of the details involved. Our team of knowledgeable attorneys is proficient in St. Charles and Missouri order of protection law. As your St. Charles, MO order of protection defense lawyer, we offer:

  • Proven successes Combs Waterkotte has a consistent history of securing the best possible outcomes for clients dealing with orders of protection and/or criminal charges in St. Charles, MO. Each and every one of our clients deserve to have their story shared 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 leverage this expertise to craft robust defenses suited for your unique circumstances.
  • Legal consultation — We extend an initial consultation free of charge to evaluate the specifics of your case, answer your questions, review your legal options, and create a customized legal strategy.
  • Evidence collection — Our team helps in gathering and preserving crucial evidence to strengthen 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 deliver unwavering representation in court proceedings, advocating for your rights and future at every step.
  • Negotiation — Our adept negotiators work to reach amicable resolutions when possible, striving to mitigate the impact of an order of protection on your life.

By choosing Combs Waterkotte as your dedicated St. Charles, MO order of protection defense lawyer, you can feel certain that you are in competent hands, receiving the support and advocacy you require 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 St. Charles, 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’ve been served. Understand its terms and restrictions to ensure compliance. While you may not accept everything it says, comprehending it and abiding by it until the hearing is in your best long-term advantage.
  • Do not violate the order — Stick firmly to the stipulations outlined in the order of protection. Any violation can lead to severe legal consequences, such as criminal charges.
  • Document all communication — Keep a detailed record of any interactions, interactions or incidents related to the other party. This documentation can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Promptly, contact a qualified attorney with experience in order of protection cases. Securing legal representation is paramount to protect your rights and future most effectively.
  • Notify your attorney — Give all applicable information with your attorney, such as 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 reaching your home or possessions, comply with these restrictions to prevent further legal complications.

Taking these immediate steps will lay the foundation for a strong defense and aid protect your rights throughout the St. Charles, MO order of protection case. Bear in mind that legal representation, like that given by Combs Waterkotte’s St. Charles, MO order of protection defense attorneys, is crucial 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 assist you in crafting and filing a response to the order of protection. This response will depict your version of events and your legal 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 make sure your voice is acknowledged 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
    • Granting or refusal of a protection order, accompanied by the duration and explanation of terms (if granted)

Consequences of an Order of Protection in St. Charles, MO, Missouri

Facing an order of protection can lead to a variety of notable consequences that extend beyond the courtroom:

  • Restrictions on contact — The most immediate consequence is the mandated restriction on communicating with the protected party. This can disrupt personal relationships, notably 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, such as restrictions on where you can go and who you can be with.
  • Criminal charges — Breaking the terms of an order of protection can cause criminal charges, such as arrest and potential incarceration.
  • Firearm restrictions — A respondent under an order of protection may be prohibited from owning 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 imposed on you may have consequences. Breaking an order of protection can also lead to immigration-related issues.

Considering the seriousness of the potential consequences, you need experienced and committed legal representation. Combs Waaterkotte knows the nuances of order of protection cases in St. Charles, MO and is dedicated to minimizing the impact of these orders on your life. Our experienced attorneys are focused on protecting your rights, investigating legal options, and seeking the best possible outcome for your case. Do not navigate the complications of an order of protection alone – have Combs Waterkotte be your champion and guide.

Call Combs Waterkotte’s St. Charles, MO Order of Protection Defense Lawyer For a Free Consultation

In the event that you are facing an order of protection or seek legal guidance in such matters, we strongly encourage you to arrange for a consultation with Combs Waterkotte. During this pivotal initial meeting, you will have the opportunity to discuss the details of your case, voice your concerns, and obtain insights into the legal options available to you.

To take the preliminary step towards securing your defense in an order of protection case in St. Charles, MO, speak to an order of protection defense lawyer in St. Charles, MO now at (314) 900-HELP or contact us online for a free consultation.

At Combs Waterkotte, we are dedicated to supporting you through the legal journey, giving resolute support, expertise, and advocacy. Don’t wait to get in touch with us now to discuss your order of protection case in St. Charles, MO and take proactive steps towards defending your rights and future.

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