How to Get an Order of Protection Dismissed
If you have an order of protection against you filed in St. Louis or elsewhere throughout Missouri, it can be a very shameful, disheartening experience. You may feel like you are unable to leave your home, go to work, or see your family. Combs Law Group is here to help you get that order of protection dismissed. Call one of our experienced criminal defense attorneys immediately at (314) 900-HELP or contact us online for a free, no-obligation consultation.
Orders of protection become part of the public record, meaning that just about anyone – from potential employers to landlords to future romantic partners – can view this information for many years. Having someone make allegations about your character is damaging. Because of these severe and lasting consequences, you should not risk your rights and reputation without speaking to one of the qualified lawyers at Combs Law Group. You owe it to yourself to fight for your good name and your future.
How to Get an Order of Protection Dismissed
Orders of protection in Missouri are typically used in domestic disputes or in child visitation or custody cases. They are usually temporary measures used by the court while the parties gather and present evidence to support their arguments. The state law is defined in Missouri Revised Statutes § 455.010.
Under RSMo § 455.085, violating an order of protection is considered a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,000. If you have been convicted of such a charge in the past, another violation becomes a Class E felony – up to four years incarceration or a fine of up to $10,000.
What Are the Different Types of Orders of Protection?
The following are common types of protection orders issued in Missouri:
- Temporary Order of Protection
- Full Order of Protection
- Emergency Order of Protection
A temporary protection order is an order that is legally presented to a judge by an individual that feels threatened by you. This order can last for up to 14 days, and essentially is in place until the individual can get a full order of protection. If you are presented with an order of protection, call Combs Law right away at (314) 900-HELP or contact us online to discuss your options.
An individual can seek a full protection order against you if they feel they are still in serious danger to their physical or mental health, after having the temporary restraining order in place. The full order of protection lasts at least 180 days, but no longer than a year, and will have specific protections stipulated by the judge.
This order occurs when someone would look for an instant restraining order against you. This is usually requested by a police officer or other law enforcement. In this instance, and only when there is substantial evidence of an immediate and present danger, the court can also issue an ex parte.
Emergency protection orders may only be valid for a short amount of time. When there are reasonable grounds, courts will often issue these orders in any of the following cases:
What Are the Standard Provisions of an Order of Protection?
While every protection order issued in Missouri is different, there are several standards provisions, including:
- No contact: Prohibits you from contacting the individual or any family member involved.
- Peaceful contact: Allows communication between you and the individual only for specified purposes. The judge stipulates instances when communication is allowed, usually when facilitating the transfer of personal belongings or temporary custody of children.
- Stay away: Requires you to keep a specified distance, commonly 100 yards, away from the individual at all times. It applies not only to the individual’s person, but as well as their home, work, or school.
- Move out: Mandates you to move out of a home permanently.
- No firearms: Requires you to surrender any and all firearms.
- Counseling: Asks you to join an anger management or substance abuse program and counseling.
No matter which order of protection you are facing, you need the best possible legal representation in St. Louis or elsewhere throughout Missouri. After all, in these cases, the courts only need a preponderance of evidence before granting an order of protection. The Combs Law Group defense attorneys will prove that the individual had no evidence to request the order in the first place, or was requesting the order in a retaliatory manner.
Reach Out Today To Find Out How to Get an Order of Protection Dismissed | Combs Law Group
If you had an abusive individual file a protective order against you, then you should probably consider yourself at risk for that person also falsifying claims of violating that order. This is not something to be ignored or taken lightly. You need a knowledgeable and tenacious St. Louis defense attorney on your side.