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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

Combs Waterkotte’s professional St. Charles, 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 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-risk, no-obligation consultation. You can check out our defense victories here.

What Is an Order of Protection?

An order of protection, also known as a restraining order, is a essential legal instrument designed to ensure the safety of people who may be dealing with threats, harassment, or assault from someone else. It serves as a court-issued document–signed by a judge–that orders the alleged perpetrator to abstain from 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 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 occurs before a hearing and remains in effect until a hearing. 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 experienced order of protection defense lawyers in St. Charles, MO. If you were served with an order of protection in St. Charles, MO, reach out to Combs Waterkotte right away 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 offers two chief instances where someone can file an order of protection: abuse and stalking.

  1. Abuse — Abuse can be acts, attempts or threats involving:
    • Injuring a pet
    • Assault, or putting another person in fear of physical harm
    • Battery, or inflicting physical harm
    • Coercion, or leveraging threats to compel a person to follow a specific action
    • 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 confining somebody somewhere against their will
  2. Stalking Stalking implies purposefully 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 tracking, monitoring, observing, surveilling, threatening, or communicating through any means or device

Amidst these complex and highly emotional scenarios, the counsel and representation of an order of protection defense lawyer in St. Charles, MO can make all the difference in ensuring that the legal process is adhered to appropriately and that no ones rights are infringed on.

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 seasoned 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 proven history of securing the best possible outcomes for clients who received orders of protection and/or criminal charges in St. Charles, MO. Every single one 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 utilize this expertise to craft robust defenses specific to your unique circumstances.
  • Legal consultation — We extend an initial consultation free of charge to assess the specifics of your case, answer your questions, review your legal options, and formulate a customized legal strategy.
  • Evidence collection — Our team helps in assembling and preserving crucial evidence to bolster your defense, making sure that no detail is ignored and the court will receive the full version of all perspectives of the story.
  • Court representation — We provide resolute representation in court proceedings, standing up for your rights and future at each stage.
  • Negotiation — Our adept negotiators work to reach favorable resolutions when possible, striving to lessen the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated St. Charles, MO order of protection defense lawyer, you can rest assured that you are getting the best possible defense team, receiving the support and advocacy you require during this challenging time.

What to Do After Being Served With an Order of Protection

Immediate Actions

Whenever served with an order of protection in St. Charles, 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’ve been served. Understand its terms and restrictions to guarantee compliance. While you may not accept everything it says, comprehending it and following it until the hearing is in your best long-term advantage.
  • Do not violate the order — Adhere strictly to the stipulations mandated in the order of protection. Any violation can lead to serious legal consequences, like criminal charges.
  • Document all communication — Keep a detailed record of any correspondence, interactions or incidents concerning the petitioner. This documentation can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Without delay, get in touch with a qualified attorney with expertise in order of protection cases. Obtaining legal representation is essential to protect your rights and future most effectively.
  • Notify your attorney — Share all applicable information with your attorney, such as details of the situation that caused the order of protection. Candidness is key to creating a robust defense.
  • Restrictions on possessions — If the order of protection comes with restrictions on accessing your home or possessions, adhere to these restrictions to steer clear of further legal complications.

Taking these prompt steps will set the foundation for a robust defense and help safeguard your rights during the St. Charles, MO order of protection case. Remember that legal representation, akin to that provided by Combs Waterkotte’s St. Charles, MO order of protection defense attorneys, is essential to lead you through this process.

The Legal Process

After taking swift 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 aid you in crafting 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 tied to your case. Attend all scheduled hearings with your attorney to guarantee 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 St. Charles, MO, Missouri

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

  • Restrictions on contact — The foremost consequence is the imposed restriction on reaching out to 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 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 result in criminal charges, including arrest and potential incarceration.
  • Firearm restrictions — A respondent under an order of protection may be banned from possessing firearms according to 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 placed on you may have consequences. Infringing an order of protection can also result in immigration-related issues.

Given the gravity of the potential consequences, you must have experienced and devoted legal representation. Combs Waaterkotte knows the intricacies 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 safeguarding your rights, looking into legal options, and aiming for the best possible outcome for your case. Don’t wade through the complexities of an order of protection alone – have Combs Waterkotte be your champion and guide.

Other cases we take on in St. Charles, MO include:

Call Combs Waterkotte’s St. Charles, MO Order of Protection Defense Lawyer Today

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

To take the preliminary step in the direction of securing your rights and interests in an order of protection case in St. Charles, MO, speak to an order of protection defense lawyer in St. Charles, MO today at (314) 900-HELP or contact us online for a no-obligation consultation.

Through Combs Waterkotte, we are focused on standing by your side during the legal journey, offering steadfast support, expertise, and advocacy. Do not hesitate to reach out to us today 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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