Order of Protection Lawyer Benton, MO
Combs Waterkotte’s dedicated Benton, 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 impressive 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 Benton, MO today at (314) 900-HELP or reach out to us through our website for a free 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 crucial legal measure designed to safeguard individuals who may be facing risks, harassment, or violence from someone in their family or household. It is a court-issued directive–signed by a judge–that compels the accused to avoid 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 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 “good cause”, they can issue an “ex parte order of protection,” which limits contact between the petitioner 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 Benton, 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 Benton, MO. If you were served with an order of protection in Benton, MO, reach out to Combs Waterkotte as soon as possible at (314) 900-HELP. We will endeavor to have your order of protection dismissed and secure the best possible resolution to your case.
Common Situations Involving Orders of Protection in Benton, MO
Missouri’s Domestic Violence Act provides two primary instances where someone can file an order of protection: abuse and stalking.
- Abuse — Abuse can be acts, attempts or threats involving:
- Injuring a pet
- Assault, or placing another person in fear of physical harm
- Battery, or inflicting 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
- Unlawful imprisonment, or confining somebody somewhere against their will
- Stalking — Stalking implies deliberately 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” such as tracking, monitoring, observing, surveilling, threatening, or communicating through any method or device
Within such complicated and highly emotional scenarios, the advice and representation of an order of protection defense lawyer in Benton, MO can be all the difference in ensuring that the legal process is adhered to appropriately and that each individual’s rights are protected.
Combs Waterkotte: Your Benton, MO Order of Protection Defense Lawyer
When you are facing an order of protection in Benton, MO, you need a defense lawyer with a thorough understanding of the details involved. Our team of knowledgeable attorneys is proficient in Benton and Missouri order of protection law. As your Benton, MO order of protection defense lawyer, we provide:
- Proven successes — Combs Waterkotte has a strong track record of securing the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Benton, MO. Each and every one of our clients deserve to have their story heard in court.
- Expertise and experience — Our team comprises veteran legal professionals with thorough knowledge of order of protection laws, courtroom procedures and negotiation strategies. We leverage this expertise to craft robust defenses tailored to your unique circumstances.
- Legal consultation — We extend an initial consultation at no cost to assess the specifics of your case, address your questions, go over your legal options, and formulate a customized legal strategy.
- Evidence collection — Our team helps in collecting and preserving crucial evidence to bolster your defense, guaranteeing that no detail goes overlooked and the court will receive the full version of all perspectives of the story.
- Court representation — We provide steadfast representation in court proceedings, advocating for your rights and interests at each stage.
- Negotiation — Our adept negotiators work to reach agreeable resolutions when possible, aiming to reduce the impact of an order of protection on your life.
With Combs Waterkotte as your dedicated Benton, MO order of protection defense lawyer, you can be confident that you are getting the best possible defense team, benefiting from the help and advocacy you require throughout this difficult time.
What to Do After Being Served With an Order of Protection
Immediate Actions
If served with an order of protection in Benton, MO, it is vital to take immediate and deliberate steps to defend your rights and interests:
- Read the order thoroughly — Begin by thoroughly reading the order of protection document you received. Grasp its terms and restrictions to ensure compliance. While you may not accept everything it says, understanding 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 specified in the order of protection. Any violation can result in serious legal consequences, including arrest.
- Document all communication — Hold onto a detailed record of any interactions, interactions or incidents related to the petitioner. This log can serve as crucial evidence in your defense.
- Contact an order of protection defense lawyer — Promptly, get in touch with a competent attorney with expertise in order of protection cases. Securing legal representation is essential to protect your rights and future most effectively.
- Notify your attorney — Provide all pertinent information with your attorney, like details of the situation that caused the order of protection. Openness is key to building a strong defense.
- Restrictions on possessions — If the order of protection has restrictions on accessing your home or possessions, comply with these restrictions to steer clear of further legal complications.
Taking these immediate steps will set the foundation for a solid defense and help protect your rights through the Benton, MO order of protection case. Bear in mind that legal representation, such as that provided by Combs Waterkotte’s Benton, MO order of protection defense attorneys, is vital to lead you through this process.
The Legal Process
Once taking swift 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 aid you in drafting and filing a response to the order of protection. This response will outline your side of the story and your defense strategy.
- Court dates — Keep in mind the court dates and hearings related to your case. Be present at all scheduled hearings with your attorney to guarantee your voice is recognized and the court does not side with the petitioner before hearing your version of events. 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 Benton, MO, Missouri
Facing an order of protection can cause a spectrum of major consequences that reach beyond the courtroom:
- Restrictions on contact — The foremost consequence is the mandated 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 cause the loss of personal freedoms, like limitations on where you can go and who you can be with.
- Criminal charges — Infringing the terms of an order of protection can cause criminal charges, including arrest and potential incarceration.
- Firearm restrictions — A respondent facing an order of protection may be forbidden from possessing firearms according to federal law.
- Suspension of concealed carry permit — A concealed carry permit may be suspended if the holder is affected by a valid full order of protection.
- Immigration consequences — If you’re an foreign national, having an order of protection placed on you may have consequences. Infringing an order of protection can also lead to immigration-related issues.
Considering the seriousness of the potential consequences, you must have knowledgeable and devoted legal representation. Combs Waaterkotte understands the subtleties of order of protection cases in Benton, MO and is dedicated to reducing the impact of these orders on your life. Our experienced attorneys are devoted to defending your rights, exploring legal options, and pursuing the best possible outcome for your case. Don’t wade through the challenges of an order of protection alone – allow Combs Waterkotte be your champion and guide.
Other cases we take on in Benton, MO include:
- Homicide Lawyer
- Assault Lawyer
- Rape Defense Lawyer
- Sex Offense Lawyers
- DWI Attorney
- Crime Defense Lawyers
- Domestic Violence Defense Attorneys
- Child Pornography Defense Lawyer
- Criminal Lawyer
Call Combs Waterkotte’s Benton, MO Order of Protection Defense Lawyer Now
If you are facing an order of protection or need legal advice in such matters, we highly encourage you to arrange for a consultation with Combs Waterkotte. During this essential initial meeting, you will have the occasion to discuss the details of your case, convey your concerns, and obtain insights into the legal options open to you.
To take the preliminary step in the direction of securing your rights and interests in an order of protection case in Benton, MO, speak to an order of protection defense lawyer in Benton, MO today at (314) 900-HELP or contact us through our website for a no-obligation consultation.
At Combs Waterkotte, we are committed to standing by your side during the legal journey, providing resolute support, knowledge, and advocacy. Don’t hesitate to contact us now to talk about your order of protection case in Benton, MO and take proactive steps towards protecting your rights and future.
