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O’Fallon, MO

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Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer O’Fallon, MO

Combs Waterkotte’s professional O’Fallon, 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 legal solutions tailored to the unique needs of our clients. Speak to an order of protection defense lawyer in O’Fallon, MO today at (314) 900-HELP or reach out to us online for a complimentary consultation. Take a look at our defense victories here.

Understanding Orders of Protection

An order of protection, also called a restraining order, is a crucial legal measure designed to protect people who may be facing risks, harassment, or violence from someone in their family or household. It serves as a court-issued directive–signed by a judge–that requires the alleged perpetrator to avoid 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 protective order alleging those actions against a current relative or someone who lives with them.

If a judge determines there is compelling rationale, 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 a hearing. If a hearing doesn’t happen 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 O’Fallon, MO judge thinks you are.

During this pivotal hearing you need your rights and future protected by expert order of protection defense lawyers in O’Fallon, MO. If you were served with an order of protection in O’Fallon, MO, get in touch with Combs Waterkotte as soon as possible at (314) 900-HELP. We will endeavor to have your order of protection dismissed and obtain the best possible resolution to your case.

Common Situations Involving Orders of Protection in O’Fallon, 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:
    • Harming a pet
    • Assault, or placing another person in fear of physical harm
    • Battery, or causing physical harm
    • Coercion, or employing threats to pressure a person to act in a certain way
    • 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 confining somebody somewhere against their will
  2. Stalking Stalking implies 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” such as tracking, monitoring, observing, surveilling, threatening, or communicating through any medium or device

Within such complicated and highly emotional scenarios, the guidance and representation of an order of protection defense lawyer in O’Fallon, MO can prove to be all the difference in making sure that the legal process is followed appropriately and that no ones rights are infringed on.

Combs Waterkotte: Your O’Fallon, MO Order of Protection Defense Lawyer

If you’re facing an order of protection in O’Fallon, MO, you should have a defense lawyer with a deep understanding of the intricacies involved. Our team of knowledgeable attorneys is adept in O’Fallon and Missouri order of protection law. As your O’Fallon, MO order of protection defense lawyer, we offer:

  • Proven successes Combs Waterkotte maintains a consistent history of achieving the best possible outcomes for clients who received orders of protection and/or criminal charges in O’Fallon, MO. Each and every one of our clients are entitled to have their story heard in court.
  • Expertise and experience — Our team consists of seasoned legal professionals with deep 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 examine the specifics of your case, address your questions, review your legal options, and create a customized legal strategy.
  • Evidence collection — Our team assists in gathering and preserving vital evidence to bolster your defense, ensuring that no detail goes overlooked and the court will hear the full version of both sides of the story.
  • Court representation — We deliver resolute representation in court proceedings, fighting for your rights and interests at every step.
  • Negotiation — Our skilled negotiators work to reach agreeable resolutions when possible, aiming to mitigate the impact of an order of protection on your life.

By choosing Combs Waterkotte as your dedicated O’Fallon, MO order of protection defense lawyer, you can be confident that you are getting the best possible defense team, getting the help 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 O’Fallon, 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. Understand its terms and restrictions to guarantee compliance. While you may not concur with everything it says, understanding it and following it until the hearing is in your best long-term advantage.
  • Obey the order — Stick firmly to the stipulations mandated in the order of protection. Any violation can cause grave legal consequences, such as criminal charges.
  • Document all communication — Maintain a detailed record of any correspondence, interactions or incidents involving the other party. This log can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Immediately, contact a knowledgeable attorney with expertise in order of protection cases. Obtaining legal representation is essential to defend your rights and future in the most optimal way.
  • Notify your attorney — Give all pertinent information with your attorney, including details of the situation that resulted in the order of protection. Transparency is key to creating a solid defense.
  • Restrictions on possessions — If the order of protection has restrictions on entering your home or possessions, abide by these restrictions to avoid further legal complications.

Taking these swift actions will lay the foundation for a strong defense and aid safeguard your rights during the O’Fallon, MO order of protection case. Remember that legal representation, akin to that given by Combs Waterkotte’s O’Fallon, MO order of protection defense attorneys, is vital to direct you through this process.

The Legal Process

Upon taking prompt steps post being served an order of protection, it’s imperative to understand the legal process that will occur:

  • Filing a response — Your attorney will aid you in preparing and filing a response to the order of protection. This response will outline your side of the story and your legal strategy.
  • Court dates — Be aware of the court dates and hearings related to your case. Attend all scheduled hearings 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 consists of:
    • Presentation of evidence
    • Witness testimony
    • Cross-examination
    • Legal arguments
    • Approval or rejection of a protection order, along with the duration and explanation of terms (if granted)

Consequences of an Order of Protection in O’Fallon, MO, Missouri

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

  • Restrictions on contact — The foremost consequence is the enforced restriction on reaching out to the protected party. This can interfere with personal relationships, particularly if you share children, a residence, or other common interests.
  • Impact on personal life — Orders of protection can result in the loss of personal freedoms, like limitations on where you can go and who you can be with.
  • Criminal charges — Breaking the terms of an order of protection can cause criminal charges, such as arrest and potential incarceration.
  • Firearm restrictions — A respondent facing an order of protection may be forbidden from having firearms under federal law.
  • Suspension of concealed carry permit — A concealed carry permit may be suspended if the holder becomes subject to a valid full order of protection.
  • Immigration consequences — If you’re an alien, having an order of protection placed on you may have consequences. Infringing an order of protection can also lead to immigration-related issues.

Taking into account the severity of the potential consequences, you must have experienced and devoted legal representation. Combs Waaterkotte knows the intricacies of order of protection cases in O’Fallon, MO and is dedicated to minimizing the impact of these orders on your life. Our seasoned attorneys are committed to protecting your rights, investigating legal options, and pursuing the best possible outcome for your case. Do not navigate the complexities of an order of protection alone – let Combs Waterkotte be your advocate and guide.

Other cases we take on in O’Fallon, MO include:

Call Combs Waterkotte’s O’Fallon, MO Order of Protection Defense Lawyer Today

If you are confronted with an order of protection or require legal advice in such matters, we highly urge you to schedule a consultation with Combs Waterkotte. During this pivotal initial meeting, you will have the chance to talk about the details of your case, voice your concerns, and obtain insights into the legal options available to you.

To take the first step in the direction of securing your rights and future in an order of protection case in O’Fallon, MO, talk to an order of protection defense lawyer in O’Fallon, MO today at (314) 900-HELP or contact us through our website for a no-obligation consultation.

With Combs Waterkotte, we are committed to standing by your side through the legal journey, giving resolute support, legal skill, and advocacy. Do not hesitate to reach out to us now to discuss your order of protection case in O’Fallon, MO and take proactive steps towards safeguarding your rights and future.

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