Image

Smithville, MO

Verified Content

Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer Smithville, MO

If you received a restraining order in Smithville, MO you need an experienced order of protection defense lawyer to protect your rights and interests. With a established 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 Smithville, MO today at (314) 900-HELP or reach out to us online for a no-cost consultation. You can check out our defense victories here.

Understanding Orders of Protection

An order of protection, also called a restraining order, is a vital legal tool designed to ensure the well-being of individuals who may be dealing with risks, harassment, or assault from someone else. 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 has suffered from domestic violence, stalking or sexual assault can file an protective order alleging those actions against a current family member or someone who lives with them.

If a judge determines there is “good cause”, they can provide an “ex parte order of protection,” which limits contact between the alleged victim and they person they say abused them. The ex parte order occurs before a hearing and remains in effect until a hearing. If a hearing doesn’t occur 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 Smithville, MO judge thinks you are.

At this crucial hearing you need your rights and interests protected by talented order of protection defense lawyers in Smithville, MO. If you were served with an order of protection in Smithville, MO, reach out to Combs Waterkotte immediately 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 Smithville, MO

Missouri’s Domestic Violence Act presents two primary 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 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 confining somebody somewhere against their will
  2. Stalking Stalking implies deliberately undertaking an unwanted course of conduct that causes alarm.
    • Alarm means to invoke fear of physical harm
    • Course of conduct means two or more acts that “serve no legitimate purpose” like tracking, monitoring, observing, surveilling, threatening, or communicating through any method or device

Within such complicated and emotionally charged scenarios, the counsel and representation of an order of protection defense lawyer in Smithville, MO can prove to be all the difference in making sure that the legal process is adhered to correctly and that each individual’s rights are protected.

Combs Waterkotte: Your Smithville, MO Order of Protection Defense Lawyer

Should you be facing an order of protection in Smithville, MO, you need a defense lawyer with a deep understanding of the details involved. Our team of knowledgeable attorneys is proficient in Smithville and Missouri order of protection law. As your Smithville, MO order of protection defense lawyer, we provide:

  • Proven successes Combs Waterkotte has a consistent history of achieving the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Smithville, MO. All of our clients deserve to have their story shared 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 utilize this expertise to formulate robust defenses specific to your unique circumstances.
  • Legal consultation — We extend an initial consultation at no cost to evaluate the specifics of your case, address your questions, go over your legal options, and create a customized legal strategy.
  • Evidence collection — Our team assists in gathering and preserving essential evidence to bolster your defense, guaranteeing that no detail is missed and the court will receive the full version of all perspectives of the story.
  • Court representation — We deliver resolute representation in court proceedings, standing up for your rights and interests at all phases.
  • Negotiation — Our skilled negotiators endeavor to reach favorable resolutions when possible, striving to mitigate the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated Smithville, MO order of protection defense lawyer, you can be confident that you are getting the best possible defense team, benefiting from the support and advocacy you deserve 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 Smithville, MO, it is vital 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. Grasp its terms and restrictions to guarantee compliance. While you may not agree with everything it says, comprehending it and adhering to it until the hearing is in your best interest in the long run.
  • Do not violate the order — Adhere strictly to the stipulations mandated in the order of protection. Any violation can lead to severe legal consequences, such as criminal charges.
  • Document all communication — Hold onto a detailed record of any communication, interactions or incidents concerning the person who requested the order of protection. This record can serve as vital evidence in your defense.
  • Contact an order of protection defense lawyer — Immediately, reach out to a qualified attorney with experience in order of protection cases. Obtaining legal representation is paramount to protect 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 caused the order of protection. Candidness is key to building a strong defense.
  • Restrictions on possessions — If the order of protection includes restrictions on entering your home or possessions, abide by these restrictions to avoid further legal complications.

Taking these swift steps will establish the foundation for a robust defense and assist defend your rights during the Smithville, MO order of protection case. Bear in mind that legal representation, such as that given by Combs Waterkotte’s Smithville, MO order of protection defense attorneys, is crucial to lead you through this process.

The Legal Process

After taking immediate steps following 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 drafting and filing a response to the order of protection. This response will depict your side of the story and your legal strategy.
  • Court dates — Stay informed of the court dates and hearings associated with your case. Participate in all scheduled hearings with your attorney to make sure your voice is recognized and the court does not side with the petitioner before hearing your side of the story. The hearing usually consists of:
    • 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 Smithville, MO, Missouri

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

  • Restrictions on contact — The most immediate consequence is the imposed restriction on reaching out to 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, like restrictions 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, like arrest and potential incarceration.
  • Firearm restrictions — A respondent subject to an order of protection may be prohibited from having firearms as per 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 issued against you may have consequences. Breaking an order of protection can also result in immigration-related issues.

Given the gravity of the potential consequences, you must have seasoned and committed legal representation. Combs Waaterkotte understands the intricacies of order of protection cases in Smithville, MO and is committed to reducing the impact of these orders on your life. Our seasoned attorneys are devoted to safeguarding your rights, exploring legal options, and aiming for the best possible outcome for your case. Don’t navigate the challenges of an order of protection alone – have Combs Waterkotte be your representative and guide.

Other cases we take on in Smithville, MO include:

Call Combs Waterkotte’s Smithville, MO Order of Protection Defense Lawyer For a Free Consultation

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

To take the first step towards securing your rights and interests in an order of protection case in Smithville, MO, talk to an order of protection defense lawyer in Smithville, 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, giving unwavering support, knowledge, and advocacy. Do not delay to reach out to us now to go over your order of protection case in Smithville, MO and take proactive steps towards safeguarding 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