Image

Cape Girardeau, MO

Verified Content

Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer Cape Girardeau, MO

If you were served with a restraining order in Cape Girardeau, MO you need a skilled order of protection defense lawyer to ensure your rights and future stay intact. With a impressive track record of excellence, Combs Waterkotte is committed to providing highly successful defense solutions to help good people caught in bad situations. Speak to an order of protection defense lawyer in Cape Girardeau, MO today at (314) 900-HELP or contact us through our website for a free consultation. Take a look at our defense victories here.

What Is an Order of Protection?

An order of protection, also called a restraining order, is a vital legal measure designed to protect people who may be dealing with dangers, harassment, or violence from another party. It is a court-issued directive–signed by a judge–that orders the accused to avoid 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 protective order alleging those actions against a current relative or household member.

If a judge determines there is justifiable reason, they can issue an “ex parte order of protection,” which limits contact between the petitioner and they person they say is a risk. 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 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 Cape Girardeau, MO judge thinks you are.

At this crucial hearing you need your rights and future protected by experienced order of protection defense lawyers in Cape Girardeau, MO. If you were given an order of protection in Cape Girardeau, MO, contact Combs Waterkotte right away at (314) 900-HELP. We will strive to have your order of protection dismissed and achieve the best possible outcome in your case.

Common Situations Involving Orders of Protection in Cape Girardeau, 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:
    • Harming a pet
    • Assault, or placing another person in fear of physical harm
    • Battery, or causing physical harm
    • Coercion, or utilizing threats to pressure 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
    • Unlawful imprisonment, or holding somebody somewhere against their will
  2. Stalking Stalking means intentionally participating in 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 means or device

In these intricate and highly emotional scenarios, the guidance and representation of an order of protection defense lawyer in Cape Girardeau, MO can prove to be all the difference in ensuring that the legal process is followed correctly and that each individual’s rights are protected.

Combs Waterkotte: Your Cape Girardeau, MO Order of Protection Defense Lawyer

If you’re facing an order of protection in Cape Girardeau, MO, you need a defense lawyer with a profound understanding of the nuances involved. Our team of knowledgeable attorneys is adept in Cape Girardeau and Missouri order of protection law. As your Cape Girardeau, MO order of protection defense lawyer, we offer:

  • Proven successes Combs Waterkotte has a proven track record of achieving the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Cape Girardeau, MO. Every single one of our clients are entitled to have their story heard in court.
  • Expertise and experience — Our team is made up of experienced legal professionals with thorough knowledge of order of protection laws, courtroom procedures and negotiation strategies. We leverage this expertise to formulate robust defenses specific to your unique circumstances.
  • Legal consultation — We extend an initial consultation at no cost to examine the specifics of your case, answer your questions, go over your legal options, and develop a customized legal strategy.
  • Evidence collection — Our team works in gathering and preserving vital 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 offer resolute representation in court proceedings, advocating for your rights and interests at every step.
  • Negotiation — Our talented negotiators endeavor to reach favorable resolutions when possible, aiming to lessen the impact of an order of protection on your life.

By choosing Combs Waterkotte as your dedicated Cape Girardeau, MO order of protection defense lawyer, you can rest assured that you are in competent hands, benefiting from the assistance and advocacy you require amidst this tough time.

What to Do After Being Served With an Order of Protection

Immediate Actions

When served with an order of protection in Cape Girardeau, MO, it is crucial to take immediate and deliberate steps to protect your rights and interests:

  • Read the order thoroughly — Begin by thoroughly reading the order of protection document you received. Understand its terms and restrictions to make sure of compliance. While you may not accept everything it says, knowing it and adhering to it until the hearing is in your best interest in the long run.
  • Do not violate the order — Stick firmly to the stipulations outlined in the order of protection. Any violation can result in serious legal consequences, including arrest.
  • Document all communication — Maintain a comprehensive record of any communication, interactions or incidents concerning the other party. This record can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Promptly, reach out to a knowledgeable attorney with expertise in order of protection cases. Securing legal representation is paramount to safeguard your rights and future most effectively.
  • Notify your attorney — Share all relevant information with your attorney, including details of the situation that resulted in the order of protection. Candidness is key to creating a strong defense.
  • Restrictions on possessions — If the order of protection includes restrictions on accessing your home or possessions, abide by these restrictions to avoid further legal complications.

Taking these immediate steps will establish the foundation for a solid defense and help protect your rights during the Cape Girardeau, MO order of protection case. Remember that legal representation, like that provided by Combs Waterkotte’s Cape Girardeau, MO order of protection defense attorneys, is vital to guide you through this process.

The Legal Process

Upon taking immediate steps post being served an order of protection, it’s essential to understand the legal process that will unfold:

  • Filing a response — Your attorney will aid you in crafting and filing a response to the order of protection. This response will depict your side of the story and your legal strategy.
  • Court dates — Be aware of the court dates and hearings associated with your case. Be present at 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
    • Issuance or denial of a protection order, accompanied by the duration and explanation of terms (if granted)

Consequences of an Order of Protection in Cape Girardeau, MO, Missouri

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

  • Restrictions on contact — The primary consequence is the mandated 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 constraints on where you can go and who you can associate with.
  • Criminal charges — Infringing the terms of an order of protection can cause criminal charges, such as arrest and possible incarceration.
  • Firearm restrictions — A respondent facing an order of protection may be forbidden 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 placed on you may have consequences. Infringing an order of protection can also lead to immigration-related issues.

Considering the severity of the potential consequences, you require knowledgeable and dedicated legal representation. Combs Waaterkotte knows the intricacies of order of protection cases in Cape Girardeau, MO and is focused on reducing the impact of these orders on your life. Our seasoned attorneys are committed to protecting your rights, investigating legal options, and aiming for the best possible outcome for your case. Don’t navigate the challenges of an order of protection alone – let Combs Waterkotte be your representative and guide.

Other cases we take on in Cape Girardeau, MO include:

Call Combs Waterkotte’s Cape Girardeau, MO Order of Protection Defense Lawyer Today

In the event that you are confronted with an order of protection or need legal advice in such matters, we vigorously recommend you to set up a consultation with Combs Waterkotte. In this crucial initial meeting, you will have the chance to go over the details of your case, express your concerns, and acquire insights into the legal options accessible for you.

To take the preliminary step towards safeguarding your rights and future in an order of protection case in Cape Girardeau, MO, reach out to an order of protection defense lawyer in Cape Girardeau, MO today at (314) 900-HELP or contact us through our website for a free consultation.

At Combs Waterkotte, we are dedicated to supporting you through the legal journey, providing resolute support, knowledge, and advocacy. Do not delay to get in touch with us today to go over your order of protection case in Cape Girardeau, MO and take proactive steps towards protecting your rights and future.

View Service Areas
Open Video
Image

Featured Results:

Client Review, DUI Case

Play video
Image

Get In Touch:

St. Louis

Main Office

(314) 900-HELP

Get Directions

Clayton

By Appointment Only

(314) 900-HELP

Get Directions