O’Fallon, MO Order of Protection Lawyer
Combs Law’s dedicated O’Fallon, 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 proven track record of excellence, Combs Law is committed to providing highly successful legal solutions tailored to the unique needs of our clients. Speak to an order of protection defense lawyer in O’Fallon, MO today at (314) 900-HELP or contact us online for a no-cost consultation. Take a look at our defense victories here.
Understanding Orders of Protection
An order of protection, also known as a restraining order, is a essential legal tool designed to ensure the safety of individuals who may be facing threats, harassment, or assault from someone else. It serves as a court-issued directive–signed by a judge–that compels the alleged perpetrator to avoid 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 order of protection alleging those actions against a current family member or household member.
If a judge determines there is “good cause”, they can provide an “ex parte order of protection,” which limits contact between the petitioner and their alleged abuser. 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 order of 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 O’Fallon, MO judge thinks you are.
At this crucial hearing you need your rights and future protected by experienced order of protection defense lawyers in O’Fallon, MO. If you were served with an order of protection in O’Fallon, MO, reach out to Combs Law as soon as possible 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 O’Fallon, MO
Missouri’s Domestic Violence Act provides two primary instances where someone can file an order of protection: abuse and stalking.
- Abuse — Abuse can be acts, attempts or threats involving:
- Harming a pet
- Assault, or placing another person in fear of physical harm
- Battery, or inflicting 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
- Unlawful imprisonment, or holding somebody somewhere against their will
- Stalking — Stalking implies intentionally 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” like tracking, monitoring, observing, surveilling, threatening, or communicating through any medium or device
In these intricate and intense scenarios, the advice and representation of an order of protection defense lawyer in O’Fallon, MO can prove to be all the difference in guaranteeing that the legal process is followed appropriately and that no ones rights are infringed on.
Combs Law: Your O’Fallon, MO Order of Protection Defense Lawyer
When you are facing an order of protection in O’Fallon, MO, you should have a defense lawyer with a thorough understanding of the details involved. Our team of seasoned attorneys is proficient in O’Fallon and Missouri order of protection law. As your O’Fallon, MO order of protection defense lawyer, we offer:
- Proven successes — Combs Law has a strong track record of attaining the best possible outcomes for clients dealing with orders of protection and/or criminal charges in O’Fallon, MO. All of our clients are entitled to have their story heard in court.
- Expertise and experience — Our team consists of experienced legal professionals with thorough knowledge of order of protection laws, courtroom procedures and negotiation strategies. We utilize this expertise to design robust defenses tailored to your unique circumstances.
- Legal consultation — We provide an initial consultation free of charge to evaluate the specifics of your case, address your questions, discuss your legal options, and create a customized legal strategy.
- Evidence collection — Our team works in collecting and preserving crucial evidence to fortify your defense, ensuring that no detail is ignored and the court will receive the full version of all perspectives of the story.
- Court representation — We offer resolute representation in court proceedings, advocating for your rights and future 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.
With Combs Law as your dedicated O’Fallon, MO order of protection defense lawyer, you can feel certain that you are in competent hands, receiving the support and advocacy you need during this challenging time.
What to Do After Being Served With an Order of Protection
Whenever served with an order of protection in O’Fallon, MO, it is vital to take immediate and deliberate steps to get the best possible results in your case:
- Read the order thoroughly — Begin by carefully reading the order of protection document you’ve been served. Comprehend its terms and restrictions to guarantee compliance. While you may not concur with everything it says, knowing it and abiding by 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 serious legal consequences, like arrest.
- Document all communication — Maintain a detailed record of any communication, interactions or incidents involving the petitioner. This log can serve as crucial evidence in your defense.
- Contact an order of protection defense lawyer — Immediately, get in touch with a qualified attorney with expertise in order of protection cases. Obtaining legal representation is vital to safeguard your rights and future in the best manner.
- Notify your attorney — Give all pertinent information with your attorney, like details of the situation that led to the order of protection. Candidness is key to building a solid defense.
- Restrictions on possessions — If the order of protection has restrictions on reaching your home or possessions, adhere to these restrictions to prevent further legal complications.
Taking these prompt actions will lay the foundation for a strong defense and aid safeguard your rights during the O’Fallon, MO order of protection case. Remember that legal representation, like that provided by Combs Law’s O’Fallon, MO order of protection defense attorneys, is vital to lead you through this process.
The Legal Process
After taking prompt steps post being served an order of protection, it’s vital to understand the legal process that will occur:
- 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 legal strategy.
- Court dates — Stay informed of the court dates and hearings associated with your case. Be present at all scheduled court appearances with your attorney to guarantee your voice is heard and the court does not side with the petitioner before you have your day in court. The hearing usually comprises:
- Presentation of evidence
- Witness testimony
- 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 O’Fallon, MO, Missouri
Confronting an order of protection can lead to a variety of significant consequences that extend beyond the courtroom:
- Restrictions on contact — The primary 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, like limitations on where you can go and who you can be with.
- Criminal charges — Violating the terms of an order of protection can cause criminal charges, like arrest and possible incarceration.
- Firearm restrictions — A respondent subject to an order of protection may be banned from possessing firearms as per federal law.
- Suspension of concealed carry permit — A concealed carry permit may be suspended if the holder is affected by a valid full order of protection.
- Immigration consequences — If you’re an immigrant, having an order of protection placed on you may have consequences. Violating an order of protection can also result in immigration-related issues.
Given the gravity of the potential consequences, you must have knowledgeable and devoted legal representation. Combs Law understands the intricacies of order of protection cases in O’Fallon, MO and is dedicated to lessening the impact of these orders on your life. Our seasoned attorneys are committed to safeguarding your rights, looking into legal options, and seeking the best possible outcome for your case. Do not traverse the challenges of an order of protection alone – have Combs Law be your champion and guide.
Call Combs Law’s O’Fallon, MO Order of Protection Defense Lawyer For a Free Consultation
In the event that you are confronted with an order of protection or need legal guidance in such matters, we highly urge you to schedule a consultation with Combs Law. In this crucial initial meeting, you will have the chance to discuss the details of your case, voice your concerns, and obtain insights into the legal options accessible for you.
To take the preliminary step towards safeguarding your rights and future in an order of protection case in O’Fallon, MO, reach out to an order of protection defense lawyer in O’Fallon, MO today at (314) 900-HELP or contact us through our website for a free consultation.
Through Combs Law, we are committed to supporting you through the legal journey, offering unwavering support, knowledge, and advocacy. Do not hesitate to reach out to us today to discuss your order of protection case in O’Fallon, MO and take proactive steps towards safeguarding your rights and future.
Order of Protection Defense Lawyer