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Order of Protection Appeal

Reversed; Order of Protection Vacated

Henderson & Waterkotte, P.C. represented a North County man in an order of protection (restraining order) trial. At trial, no evidence was ever produced that the petitioner was in fear of physical harm by our client, which is a statutory requirement to obtain an order of protection. Despite this fact, the trial court granted the petitioner an order of protection against our client, over our strenuous objections and arguments. Accordingly, we filed an appeal to the Missouri Court of Appeals. After fully briefing the errors made by the trial court, the Court of Appeals agreed with our position and REVERSED the trial court and VACATED the previously issued order of protection.

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