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Order of Protection Defense Lawyer Polk County, MO

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Posted by Emily Herr on October 13, 2023

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 proven track record of excellence, Combs Waterkotte is committed to providing effective defense 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 online for a no-cost consultation. Take a look at 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 safeguard people who may be dealing with dangers, harassment, or assault from someone in their family or household. It serves as a court-issued directive–signed by a judge–that orders the alleged perpetrator to refrain 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 occurs before a hearing and remains in effect until a hearing. If a hearing doesn’t take place 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 interests protected by talented order of protection defense lawyers in Polk County, MO. If you were served with an order of protection in Polk County, MO, contact Combs Waterkotte right away at (314) 900-HELP. We will endeavor to have your order of protection dismissed and achieve the best possible outcome in your case.

Common Situations Involving Orders of Protection in Polk County, MO

Missouri’s Domestic Violence Act presents 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 placing another person in fear of physical harm
    • Battery, or causing physical harm
    • Coercion, or leveraging 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 confining somebody somewhere against their will
  2. Stalking Stalking implies deliberately 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” including following, monitoring, observing, surveilling, threatening, or communicating through any method or device

Within such complicated and highly emotional scenarios, the counsel and representation of an order of protection defense lawyer in Polk County, MO can prove to be all the difference in making sure that the legal process is adhered to appropriately and that all parties’ rights are protected.

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

When you are facing an order of protection in Polk County, MO, you require a defense lawyer with a deep understanding of the intricacies involved. Our team of knowledgeable attorneys is proficient 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 boasts a consistent history of securing the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Polk County, MO. All of our clients are entitled to have their story presented in court.
  • Expertise and experience — Our team comprises seasoned legal professionals with in-depth 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 at no cost to assess the specifics of your case, address your questions, review your legal options, and develop a customized legal strategy.
  • Evidence collection — Our team works in gathering and preserving crucial evidence to fortify your defense, ensuring that no detail goes overlooked and the court will get the full version of every angle of the story.
  • Court representation — We deliver steadfast representation in court proceedings, advocating for your rights and interests at each stage.
  • Negotiation — Our skilled negotiators work to reach agreeable resolutions when possible, striving 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 feel certain that you are getting the best possible defense team, benefiting from the assistance and advocacy you deserve amidst this challenging time.

What to Do After Being Served With an Order of Protection

Immediate Actions

When served with an order of protection in Polk County, MO, it is crucial to take immediate and deliberate steps to get the best possible results in your case:

  • Read the order thoroughly — Start with 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, comprehending it and following it until the hearing is in your best long-term advantage.
  • Obey the order — Comply closely to the stipulations outlined in the order of protection. Any violation can lead to grave legal consequences, such as criminal charges.
  • Document all communication — Maintain a detailed record of any correspondence, interactions or incidents involving the person who requested the order of protection. This documentation 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. Getting legal representation is vital to safeguard your rights and future in the best manner.
  • Notify your attorney — Share all relevant information with your attorney, like details of the situation that led to the order of protection. Transparency is key to forming a robust defense.
  • Restrictions on possessions — If the order of protection includes restrictions on accessing your home or possessions, adhere to these restrictions to steer clear of further legal complications.

Taking these swift actions will lay the foundation for a strong defense and assist safeguard your rights throughout the Polk County, MO order of protection case. Keep 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

After 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 aid you in drafting and filing a response to the order of protection. This response will detail your side of the story and your legal strategy.
  • Court dates — Stay informed of the court dates and hearings associated with your case. Attend 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 includes:
    • Presentation of evidence
    • Witness testimony
    • Cross-examination
    • Legal arguments
    • Granting or refusal of a protection order, along with the duration and explanation of terms (if granted)

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

Encountering an order of protection can lead to a range of major consequences that go beyond the courtroom:

  • Restrictions on contact — The foremost consequence is the imposed restriction on contacting the protected party. This can disrupt personal relationships, especially if you share children, a residence, or other common interests.
  • Impact on personal life — Orders of protection can lead to the loss of personal freedoms, such as constraints on where you can go and who you can be with.
  • Criminal charges — Breaking the terms of an order of protection can result in criminal charges, like arrest and possible incarceration.
  • Firearm restrictions — A respondent subject to an order of protection may be banned from having firearms as per 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 foreign national, having an order of protection imposed on you may have consequences. Breaking an order of protection can also cause immigration-related issues.

Given the gravity of the potential consequences, you must have knowledgeable and committed legal representation. Combs Waaterkotte understands the nuances of order of protection cases in Polk County, MO and is focused on lessening the impact of these orders on your life. Our knowledgeable attorneys are committed to protecting your rights, investigating legal options, and pursuing the best possible outcome for your case. Don’t traverse the complications of an order of protection alone – let Combs Waterkotte be your champion and guide.

Other cases we take on in Polk County, MO include:

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

In the event that you are dealing with an order of protection or need legal guidance in such matters, we strongly encourage you to schedule a consultation with Combs Waterkotte. In this crucial initial meeting, you will have the occasion to talk about the details of your case, convey your concerns, and acquire insights into the legal options available to you.

To begin the first step in the direction of securing 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 now at (314) 900-HELP or contact us online for a no-obligation consultation.

At Combs Waterkotte, we are committed to supporting you throughout the legal journey, providing steadfast support, legal skill, and advocacy. Don’t wait to contact us now to go over your order of protection case in Polk County, MO and take proactive steps towards defending your rights and future.

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