Chris Combs from Combs Waterkotte Criminal Defense Law Firm discusses the importance of having an attorney for an Order of Protection defense. An Order of Protection (OP) is a legal measure to protect individuals from domestic violence or harassment in Missouri. However, obtaining an OP dismissal is a complex process that poses several challenges. For defendants, challenging an OP involves navigating through the legal system while dealing with the emotional and financial toll of the case. The first challenge is proving that the protection order was granted in error, which may involve showing a lack of evidence or demonstrating that the claims of abuse or harassment were false or exaggerated. Additionally, defendants must comply with the legal procedures and deadlines required for filing motions to dismiss, which can be intricate and time-sensitive.
Another significant obstacle is that judges often err on the side of caution when granting protection orders, and it can be difficult to reverse their decisions. The burden of proof lies with the defendant, who must provide compelling evidence that the order is unnecessary or unjustified. Emotional factors, such as the victim’s testimony, may also influence the court’s decision. As a result, the process of getting an OP dismissed is both legally challenging and emotionally taxing for all parties involved. Legal representation is critical in such cases to ensure that the defendant’s rights are adequately protected.
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Episode Transcript
Chris Combs: And one thing I’ll say regarding orders of protection – and this is my law partner’s specialty – most of the case law out there on orders of protection, he’s created, or at least quite a bit of it.
But what I will say is it’s a blend of criminal law, family law and civil law. And what people don’t understand is, “Oh, this is a restraining order. I don’t care if I ever see this person again, right?” So sometimes they just walk in there and they don’t realize that judge can make housing decisions, meaning you could be put out of your own home, they could make temporary custody decisions with children. The gravity of what that judge can do, they can order you to do batterers intervention.
And again, this is Steve’s specialty, but people walk in there thinking, “Oh, it’s just a restraining order. I don’t care if I ever see this person again,” but the ramifications can be immense. Having a full order of protection against you is not good.
And furthermore, people do not realize when they walk in that courtroom it is not just about, “Hey, I have to stay away from this person.” The judge has broad discretion on what they can do.
Scott Michael Dunn: Wow.
Steve Waterkotte: Yeah. And the fact of the matter is when it’s gotten to this point, they’re not calling me to say, “Hey, can you fight this? I still want to try and talk to them.”
That point is taken, right? They get served with an order of protection, they’re not going, “Hey, I need to get a lawyer to fight this so you allow me to continue to try to be around them.” Nobody’s calling me to defend these things for that purpose. It’s the reasons that Chris just said, all these things that a judge can do, custody, the whole gamut of things that he just listed.
What we’ll get to as well is that these things become part of your record. So that can have damaging consequences and ramifications as you progress through life and get jobs and things like that.
If you need Missouri’s leading order of protection defense team to defend your rights and freedom, speak to one of our attorneys today at (314) 900-HELP or contact us online for a free case review.
