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Buchanan County, MO

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Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer Buchanan County, MO

Combs Waterkotte’s professional Buchanan County, 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 defense solutions tailored to the unique needs of our clients. Speak to an order of protection defense lawyer in Buchanan County, MO today at (314) 900-HELP or contact us online for a complimentary consultation. You can check out our defense victories here.

Understanding Orders of Protection

An order of protection, also called a restraining order, is a critical legal tool designed to safeguard individuals who may be confronting risks, harassment, or violence from someone in their family or household. It serves as a court-issued document–signed by a judge–that orders the accused to refrain from 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 restraining order alleging those actions against a current relative or household member.

If a judge determines there is “good cause”, they can issue an “ex parte order of protection,” which limits contact between the alleged victim and their alleged abuser. The ex parte order is issued 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 Buchanan County, MO judge thinks you are.

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

Common Situations Involving Orders of Protection in Buchanan County, MO

Missouri’s Domestic Violence Act provides two main 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 putting another person in fear of being physically injured
    • Battery, or inflicting physical harm
    • Coercion, or utilizing threats to force a person to follow a specific action
    • 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 detaining somebody somewhere against their will
  2. Stalking Stalking means purposefully participating 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 following, monitoring, observing, surveilling, threatening, or communicating through any method or device

Within such complicated and highly emotional scenarios, the guidance and representation of an order of protection defense lawyer in Buchanan County, 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 Buchanan County, MO Order of Protection Defense Lawyer

When you are facing an order of protection in Buchanan County, MO, you should have a defense lawyer with a thorough understanding of the nuances involved. Our team of knowledgeable attorneys is well-versed in Buchanan County and Missouri order of protection law. As your Buchanan County, MO order of protection defense lawyer, we offer:

  • Proven successes Combs Waterkotte maintains a consistent track record of achieving the best possible outcomes for clients dealing with orders of protection and/or criminal charges in Buchanan County, MO. All of our clients are entitled to have their story presented in court.
  • Expertise and experience — Our team consists of experienced legal professionals with in-depth knowledge of order of protection laws, courtroom procedures and negotiation strategies. We leverage this expertise to craft robust defenses specific to your unique circumstances.
  • Legal consultation — We provide an initial consultation at no cost to assess the specifics of your case, answer your questions, review your legal options, and formulate a customized legal strategy.
  • Evidence collection — Our team works in collecting and preserving vital evidence to bolster your defense, ensuring that no detail is missed and the court will get the full version of both sides of the story.
  • Court representation — We provide resolute representation in court proceedings, fighting for your rights and future at all phases.
  • Negotiation — Our skilled negotiators work to reach amicable resolutions when possible, aiming to lessen the impact of an order of protection on your life.

With Combs Waterkotte as your dedicated Buchanan County, MO order of protection defense lawyer, you can feel certain that you are getting the best possible defense team, receiving the assistance and advocacy you need throughout this tough time.

What to Do After Being Served With an Order of Protection

Immediate Actions

If served with an order of protection in Buchanan County, MO, it is vital 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, understanding it and abiding by it until the hearing is in your best long-term advantage.
  • Do not violate the order — Adhere strictly to the stipulations mandated in the order of protection. Any violation can cause severe legal consequences, such as criminal charges.
  • Document all communication — Hold onto a thorough record of any communication, interactions or incidents related to the petitioner. This documentation can serve as crucial evidence in your defense.
  • Contact an order of protection defense lawyer — Immediately, contact a competent attorney with expertise in order of protection cases. Getting legal representation is essential to protect your rights and future most effectively.
  • Notify your attorney — Share all pertinent information with your attorney, like details of the situation that resulted in the order of protection. Candidness is key to building a strong defense.
  • Restrictions on possessions — If the order of protection comes with restrictions on reaching your home or possessions, adhere to these restrictions to avoid further legal complications.

Taking these immediate actions will establish the foundation for a strong defense and aid protect your rights during the Buchanan County, MO order of protection case. Keep in mind that legal representation, such as that offered by Combs Waterkotte’s Buchanan County, MO order of protection defense attorneys, is vital to guide you through this process.

The Legal Process

After taking prompt steps following being served an order of protection, it’s essential 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 version of events and your defense strategy.
  • Court dates — Stay informed of the court dates and hearings tied to your case. Be present at all scheduled court appearances 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 Buchanan County, MO, Missouri

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

  • Restrictions on contact — The most immediate consequence is the mandated restriction on communicating with the protected party. This can interfere with 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, such as constraints on where you can go and who you can spend time with.
  • Criminal charges — Violating the terms of an order of protection can lead to criminal charges, such as arrest and possible 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 is under a valid full order of protection.
  • Immigration consequences — If you’re an alien, having an order of protection placed on you may have consequences. Breaking an order of protection can also result in immigration-related issues.

Taking into account the seriousness of the potential consequences, you need knowledgeable and committed legal representation. Combs Waaterkotte knows the nuances of order of protection cases in Buchanan County, MO and is committed to minimizing the impact of these orders on your life. Our knowledgeable attorneys are devoted to defending your rights, investigating legal options, and seeking the best possible outcome for your case. Don’t wade through the complexities of an order of protection alone – let Combs Waterkotte be your representative and guide.

Other cases we take on in Buchanan County, MO include:

Call Combs Waterkotte’s Buchanan County, MO Order of Protection Defense Lawyer Now

In the event that you are dealing with an order of protection or need legal advice in such matters, we highly encourage you to set up a consultation with Combs Waterkotte. During this vital initial meeting, you will have the chance to discuss the details of your case, express your concerns, and obtain insights into the legal options accessible for you.

To begin the first step towards ensuring your defense in an order of protection case in Buchanan County, MO, speak to an order of protection defense lawyer in Buchanan County, MO now at (314) 900-HELP or contact us online for a free consultation.

Through Combs Waterkotte, we are committed to standing by your side throughout the legal journey, providing resolute support, expertise, and advocacy. Don’t delay to reach out to us today to go over your order of protection case in Buchanan County, MO and take proactive steps towards safeguarding your rights and future.

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