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St. Joseph, MO

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Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer St. Joseph, MO

Combs Waterkotte’s dedicated St. Joseph, 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 effective legal solutions tailored to the unique needs of our clients. Speak to an order of protection defense lawyer in St. Joseph, MO today at (314) 900-HELP or contact us through our website for a no-risk, no-obligation consultation. You can check out our defense victories here.

Understanding Orders of Protection

An order of protection, also known as a restraining order, is a essential legal instrument designed to protect people who may be facing threats, harassment, or violence from another party. It serves as 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 is a victim of 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 evaluates the petition and thinks there is “good cause”, they can issue 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 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 St. Joseph, MO judge thinks you are.

At this crucial hearing you need your rights and interests protected by expert order of protection defense lawyers in St. Joseph, MO. If you were handed an order of protection in St. Joseph, 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 secure the best possible outcome in your case.

Common Situations Involving Orders of Protection in St. Joseph, MO

Missouri’s Domestic Violence Act presents two main instances where someone can file an order of protection: abuse and stalking.

  1. Abuse — Abuse can be acts, attempts or threats involving:
    • Mistreating a pet
    • Assault, or placing another person in fear of physical harm
    • Battery, or inflicting physical harm
    • Coercion, or employing threats to force a person to follow a specific action
    • Harassment, or participating in a course of conduct that “alarms or causes distress to another person and serves no legitimate purpose”
    • Sexual assault
    • Kidnapping, or detaining somebody somewhere against their will
  2. Stalking Stalking means purposefully engaging in an unwanted course of conduct that causes alarm.
    • Alarm means to cause fear of physical harm
    • Course of conduct means two or more acts that “serve no legitimate purpose” including tracking, monitoring, observing, surveilling, threatening, or communicating through any method or device

In these intricate and intense scenarios, the advice and representation of an order of protection defense lawyer in St. Joseph, MO can make all the difference in ensuring that the legal process is adhered to appropriately and that no ones rights are infringed on.

Combs Waterkotte: Your St. Joseph, MO Order of Protection Defense Lawyer

Should you be facing an order of protection in St. Joseph, MO, you require a defense lawyer with a thorough understanding of the nuances involved. Our team of seasoned attorneys is adept in St. Joseph and Missouri order of protection law. As your St. Joseph, 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 St. Joseph, MO. All of our clients have a right to have their story heard in court.
  • Expertise and experience — Our team consists of seasoned legal professionals with thorough knowledge of order of protection laws, courtroom procedures and negotiation strategies. We utilize 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, discuss your legal options, and create a customized legal strategy.
  • Evidence collection — Our team helps in gathering and preserving essential evidence to strengthen your defense, ensuring that no detail is missed and the court will hear the full version of all perspectives of the story.
  • Court representation — We provide unwavering representation in court proceedings, fighting for your rights and future at every step.
  • Negotiation — Our skilled negotiators endeavor 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 St. Joseph, MO order of protection defense lawyer, you can feel certain that you are in trustworthy hands, getting the support and advocacy you require amidst this tough time.

What to Do After Being Served With an Order of Protection

Immediate Actions

Whenever served with an order of protection in St. Joseph, MO, it is vital to take immediate and deliberate steps to protect your rights and interests:

  • Read the order thoroughly — Start with thoroughly reading the order of protection document you received. Understand its terms and restrictions to make sure of compliance. While you may not agree with everything it says, knowing it and adhering to it until the hearing is in your long-term best interest.
  • Do not violate the order — Stick firmly to the stipulations outlined 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 interactions, interactions or incidents involving the petitioner. This record can serve as vital evidence in your defense.
  • Contact an order of protection defense lawyer — Immediately, contact a knowledgeable attorney with expertise in order of protection cases. Securing legal representation is vital to safeguard your rights and future most effectively.
  • Notify your attorney — Share all pertinent information with your attorney, like details of the situation that caused the order of protection. Candidness is key to building a robust defense.
  • Restrictions on possessions — If the order of protection comes with restrictions on accessing your home or possessions, abide by these restrictions to steer clear of further legal complications.

Taking these immediate steps will establish the foundation for a strong defense and aid protect your rights through the St. Joseph, MO order of protection case. Keep in mind that legal representation, akin to that offered by Combs Waterkotte’s St. Joseph, MO order of protection defense attorneys, is vital to lead you through this process.

The Legal Process

Upon taking prompt 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 help you in crafting and filing a response to the order of protection. This response will detail your version of events and your defense strategy.
  • Court dates — Keep in mind the court dates and hearings related to your case. Participate in 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 side of the story. The hearing usually includes:
    • 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 St. Joseph, MO, Missouri

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

  • Restrictions on contact — The primary consequence is the mandated restriction on communicating with 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, such as limitations on where you can go and who you can spend time with.
  • Criminal charges — Breaking the terms of an order of protection can result in criminal charges, like arrest and potential incarceration.
  • Firearm restrictions — A respondent facing an order of protection may be forbidden 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 foreign national, having an order of protection placed on you may have consequences. Violating an order of protection can also cause immigration-related issues.

Given the gravity of the potential consequences, you must have experienced and devoted legal representation. Combs Waaterkotte understands the nuances of order of protection cases in St. Joseph, MO and is focused on reducing the impact of these orders on your life. Our knowledgeable attorneys are committed to safeguarding your rights, investigating legal options, and seeking 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 St. Joseph, MO include:

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

In the event that you are confronted with an order of protection or seek legal advice in such matters, we strongly urge you to arrange for a consultation with Combs Waterkotte. In this essential initial meeting, you will have the opportunity to discuss the details of your case, convey your concerns, and acquire insights into the legal options available to you.

To begin the preliminary step towards securing your rights and interests in an order of protection case in St. Joseph, MO, talk to an order of protection defense lawyer in St. Joseph, MO today at (314) 900-HELP or contact us through our website for a no-obligation consultation.

At Combs Waterkotte, we are committed to supporting you during the legal journey, providing unwavering support, expertise, and advocacy. Don’t delay to reach out to us today to talk about your order of protection case in St. Joseph, MO and take proactive steps towards defending your rights and future.

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