Image

Independence, MO

Verified Content

Posted by Emily Herr on October 13, 2023

Order of Protection Lawyer Independence, MO

Combs Waterkotte’s expert Independence, 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 established track record of excellence, Combs Waterkotte is committed to providing highly successful defense solutions to help good people caught in bad situations. Speak to an order of protection defense lawyer in Independence, MO today at (314) 900-HELP or reach out to us through our website 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 instrument designed to safeguard individuals who may be facing threats, harassment, or violence from someone else. It serves as a court-issued document–signed by a judge–that compels the alleged perpetrator to refrain from 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 family member or someone who lives with them.

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 they person they say is a risk. 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 Independence, MO judge thinks you are.

It’s at this hearing that you need your rights and interests protected by expert order of protection defense lawyers in Independence, MO. If you were handed an order of protection in Independence, MO, reach out to 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 resolution to your case.

Common Situations Involving Orders of Protection in Independence, 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 putting another person in fear of physical harm
    • Battery, or causing physical harm
    • Coercion, or leveraging 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 deliberately undertaking 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” like tracking, monitoring, observing, surveilling, threatening, or communicating through any method or device

Within such complicated and intense scenarios, the counsel and representation of an order of protection defense lawyer in Independence, MO can make all the difference in guaranteeing that the legal process is followed appropriately and that each individual’s rights are protected.

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

When you are facing an order of protection in Independence, MO, you should have a defense lawyer with a profound understanding of the intricacies involved. Our team of experienced attorneys is proficient in Independence and Missouri order of protection law. As your Independence, MO order of protection defense lawyer, we offer:

  • Proven successes Combs Waterkotte boasts a strong track record of securing the best possible outcomes for clients who received orders of protection and/or criminal charges in Independence, MO. Every single one of our clients deserve to have their story presented in court.
  • Expertise and experience — Our team consists of experienced legal professionals with deep knowledge of order of protection laws, courtroom procedures and negotiation strategies. We tap into this expertise to craft robust defenses specific to your unique circumstances.
  • Legal consultation — We offer an initial consultation at no cost to evaluate the specifics of your case, answer your questions, discuss your legal options, and create a customized legal strategy.
  • Evidence collection — Our team assists in collecting and preserving essential evidence to bolster your defense, ensuring that no detail goes overlooked and the court will receive the full version of every angle of the story.
  • Court representation — We deliver steadfast representation in court proceedings, fighting for your rights and interests at every step.
  • Negotiation — Our skilled negotiators work to reach agreeable resolutions when possible, striving to reduce the impact of an order of protection on your life.

By choosing Combs Waterkotte as your dedicated Independence, MO order of protection defense lawyer, you can feel certain that you are getting the best possible defense team, getting the support and advocacy you need amidst this difficult time.

What to Do After Being Served With an Order of Protection

Immediate Actions

When served with an order of protection in Independence, MO, it is vital to take immediate and deliberate steps to protect your rights and interests:

  • Read the order thoroughly — Begin by carefully reading the order of protection document you received. Comprehend its terms and restrictions to ensure compliance. While you may not agree with everything it says, knowing it and abiding by it until the hearing is in your long-term best interest.
  • Obey the order — Adhere strictly to the stipulations outlined in the order of protection. Any violation can cause grave legal consequences, such as criminal charges.
  • Document all communication — Hold onto a comprehensive record of any interactions, interactions or incidents related to the petitioner. This log can serve as essential 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. Getting legal representation is vital to protect your rights and future in the best manner.
  • Notify your attorney — Share all applicable information with your attorney, such as details of the situation that caused the order of protection. Candidness is key to creating a strong defense.
  • Restrictions on possessions — If the order of protection includes restrictions on accessing your home or possessions, comply with these restrictions to prevent further legal complications.

Taking these prompt actions will lay the foundation for a solid defense and aid protect your rights throughout the Independence, MO order of protection case. Bear in mind that legal representation, akin to that provided by Combs Waterkotte’s Independence, MO order of protection defense attorneys, is vital to lead you through this process.

The Legal Process

After taking immediate steps following being served an order of protection, it’s vital to understand the legal process that will transpire:

  • Filing a response — Your attorney will help you in preparing and filing a response to the order of protection. This response will outline your side of the story and your defense strategy.
  • Court dates — Stay informed of the court dates and hearings associated with your case. Be present at all scheduled hearings with your attorney to guarantee 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, including the duration and explanation of terms (if granted)

Consequences of an Order of Protection in Independence, MO, Missouri

Confronting an order of protection can lead to a spectrum of significant consequences that extend beyond the courtroom:

  • Restrictions on contact — The most immediate consequence is the enforced restriction on reaching out to the protected party. This can interfere with personal relationships, especially if you have in common children, a residence, or other common interests.
  • Impact on personal life — Orders of protection can cause the loss of personal freedoms, such as restrictions on where you can go and who you can associate with.
  • Criminal charges — Breaking the terms of an order of protection can cause criminal charges, such as arrest and possible incarceration.
  • Firearm restrictions — A respondent facing 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. Infringing an order of protection can also lead to immigration-related issues.

Given the severity of the potential consequences, you require seasoned and devoted legal representation. Combs Waaterkotte knows the subtleties of order of protection cases in Independence, MO and is committed to minimizing the impact of these orders on your life. Our knowledgeable attorneys are committed to safeguarding your rights, looking into legal options, and aiming for 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 Independence, MO include:

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

If you are confronted with an order of protection or require legal advice in such matters, we strongly urge you to set up a consultation with Combs Waterkotte. During this essential initial meeting, you will have the opportunity to go over the details of your case, voice your concerns, and gain insights into the legal options open to you.

To begin the first step in the direction of securing your defense in an order of protection case in Independence, MO, reach out to an order of protection defense lawyer in Independence, MO today at (314) 900-HELP or contact us online for a complimentary consultation.

With Combs Waterkotte, we are committed to supporting you during the legal journey, offering steadfast support, expertise, and advocacy. Don’t wait to get in touch with us now to talk about your order of protection case in Independence, MO and take proactive steps towards defending 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