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Polk County, MO

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Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer Polk County, MO

If you were served with a restraining order in Polk County, MO you need a knowledgeable order of protection defense lawyer to ensure your rights and future stay intact. With a established track record of excellence, Combs Waterkotte is committed to providing effective legal solutions to help good people caught in bad situations. Speak to an order of protection defense lawyer in Polk County, MO today at (314) 900-HELP or contact 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 critical legal measure designed to ensure the safety of people who may be facing risks, harassment, or violence from someone in their family or household. It serves as a court-issued document–signed by a judge–that requires the accused 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 protective order alleging those actions against a current relative or household member.

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 alleged victim 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 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 Polk County, MO judge thinks you are.

It’s at this hearing that you need your rights and future protected by talented order of protection defense lawyers in Polk County, MO. If you were handed an order of protection in Polk County, MO, contact Combs Waterkotte as soon as possible at (314) 900-HELP. We will strive to have your order of protection dismissed and secure the best possible outcome in your case.

Common Situations Involving Orders of Protection in Polk County, MO

Missouri’s Domestic Violence Act provides 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 causing physical harm
    • Coercion, or employing threats to compel a person to follow a specific action
    • 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 holding somebody somewhere against their will
  2. Stalking Stalking implies purposefully undertaking an unwanted course of conduct that causes alarm.
    • Alarm means to trigger 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

In these intricate and highly emotional scenarios, the advice and representation of an order of protection defense lawyer in Polk County, MO can make all the difference in ensuring that the legal process is adhered to correctly and that no ones rights are infringed on.

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

Should you be facing an order of protection in Polk County, MO, you need a defense lawyer with a profound 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 has a consistent track record of attaining the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Polk County, MO. Every single one of our clients have a right to have their story shared in court.
  • Expertise and experience — Our team consists of experienced legal professionals with deep knowledge of order of protection laws, courtroom procedures and negotiation strategies. We leverage this expertise to formulate robust defenses tailored to 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 assists in gathering and preserving vital evidence to strengthen your defense, guaranteeing that no detail is missed and the court will hear the full version of every angle of the story.
  • Court representation — We provide unwavering representation in court proceedings, fighting for your rights and interests at all phases.
  • Negotiation — Our talented negotiators work to reach amicable resolutions when possible, striving to reduce 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 rest assured that you are in capable hands, getting the support and advocacy you need amidst this difficult time.

What to Do After Being Served With an Order of Protection

Immediate Actions

Whenever served with an order of protection in Polk County, MO, it is crucial to take immediate and deliberate steps to protect your rights and interests:

  • Read the order thoroughly — Start with meticulously reading the order of protection document you received. Comprehend its terms and restrictions to guarantee compliance. While you may not accept everything it says, knowing it and adhering to it until the hearing is in your long-term best interest.
  • Do not violate the order — Comply closely to the stipulations mentioned in the order of protection. Any violation can result in serious legal consequences, like arrest.
  • Document all communication — Hold onto a comprehensive record of any correspondence, interactions or incidents involving the other party. This documentation can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Without delay, get in touch with a competent attorney with a background in order of protection cases. Obtaining legal representation is vital to defend your rights and future in the best manner.
  • Notify your attorney — Give all pertinent information with your attorney, such as details of the situation that resulted in the order of protection. Transparency is key to building a solid defense.
  • Restrictions on possessions — If the order of protection has restrictions on entering your home or possessions, abide by these restrictions to steer clear of further legal complications.

Taking these prompt actions will lay the foundation for a robust defense and aid safeguard your rights through the Polk County, MO order of protection case. Keep in mind that legal representation, like that provided by Combs Waterkotte’s Polk County, MO order of protection defense attorneys, is vital to direct you through this process.

The Legal Process

Once taking prompt steps following being served an order of protection, it’s imperative to understand the legal process that will unfold:

  • Filing a response — Your attorney will help you in crafting and filing a response to the order of protection. This response will detail your version of events and your legal strategy.
  • Court dates — Stay informed of the court dates and hearings tied to your case. Participate in all scheduled hearings with your attorney to ensure your voice is acknowledged 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
    • Approval or rejection of a protection order, including 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 cause a range of significant consequences that go beyond the courtroom:

  • Restrictions on contact — The foremost consequence is the imposed restriction on communicating with the protected party. This can interfere with 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, such as constraints on where you can go and who you can spend time with.
  • Criminal charges — Violating the terms of an order of protection can result in criminal charges, such as arrest and possible incarceration.
  • Firearm restrictions — A respondent facing an order of protection may be banned from having 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 alien, having an order of protection issued against you may have consequences. Breaking an order of protection can also cause immigration-related issues.

Considering the severity of the potential consequences, you need knowledgeable and dedicated legal representation. Combs Waaterkotte understands the subtleties of order of protection cases in Polk County, MO and is focused on reducing the impact of these orders on your life. Our seasoned attorneys are focused on safeguarding your rights, exploring legal options, and pursuing the best possible outcome for your case. Don’t wade through the complications of an order of protection alone – have Combs Waterkotte be your representative and guide.

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

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

In the event that you are confronted with an order of protection or seek legal advice in such matters, we strongly recommend you to schedule a consultation with Combs Waterkotte. During this essential initial meeting, you will have the opportunity to go over the details of your case, voice your concerns, and gain insights into the legal options accessible for you.

To begin the preliminary step towards ensuring 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 today at (314) 900-HELP or contact us through our website for a no-obligation consultation.

Through Combs Waterkotte, we are focused on supporting you through the legal journey, offering steadfast support, knowledge, and advocacy. Don’t hesitate to reach out to us now to discuss your order of protection case in Polk County, MO and take proactive steps towards safeguarding your rights and future.

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