First of all you need to immediately seek a skilled and qualified St. Louis lawyer if you have been served with an order of protection. The Court will conduct a hearing (typically) within 15 days of you being served. In cases of ex parte orders of protection, this hearing serves to determine whether a full restraining order will be entered against you. Therefore, it is important that you immediately contact an attorney to protect your rights. The swift nature of these types of cases demand urgency.
Order of Protection Overview
Order of Protection Appeal
If you have been served with an order of protection (also known as a restraining order), it is vital that you immediately seek a skilled and qualified St. Louis Order of Protection lawyer. Once you have been served with an ex parte order of protection, the Court will typically conduct a hearing within 15 days to determine whether a full order of protection will be entered against you. Because of the swift nature of these types of cases, once you are served with an ex parte order of protection, it is important that you immediately contact an attorney to protect your rights.
In many cases, a disgruntled boyfriend or girlfriend is seeking revenge by filing for an order of protection. In some cases, an angry neighbor or co-worker may want to get back at you. Perhaps your wife or husband has even filed for an order of protection against you to “punish” you. Sadly, these kinds of malicious and vindictive strategies are employed all too often. Unfortunately, if you are on the wrong end of these spiteful tactics, you must defend yourself and protect your rights.
After an ex parte order of protection is entered against you and you have been served, a hearing is usually held within two weeks to determine whether a full order of protection will be ordered. At the hearing, you will have an opportunity to present your side of the story. Additionally, as your St. Louis order of protection attorney, we will appear in court with you and vigorously cross-examine the complaining party. The lawyers of Henderson & Waterkotte, P.C. will aggressively attempt to undermine the complaining party’s version of events. At the conclusion of the hearing, the judge will either enter a full order of protection or deny the order of protection.
If the judge enters a full order of protection, it can include several provisions. This may include temporarily enjoining the Respondent from communicating in any way with the complaining party, being at the same place as the complaining party, entering the home of the complaining party, among many other possible provisions. The judge will typically enter the full order of protection for 6 months or even a year. If you violate any of the judge’s orders, you can and will be arrested for violating the order of protection.
If you have been accused of intimidation, stalking, harassment, or domestic abuse, it is vital that you contact a qualified and skilled St. Louis Order of Protection lawyer today to defend your rights. At Henderson & Waterkotte, P.C., we will aggressively fight to protect those rights. Call us today for free consultation. We are available 24 hours a day, 7 days a week.
Often when someone has been served with an Ex Parte Order of Protection they make the mistake of not hiring a lawyer or hiring the wrong lawyer. This can lead to a permanent order of protection being placed on you.
If you have recently had an order of protection hearing and lost, you have a right to file an appeal with the Missouri Court of Appeals. However, it is vital that you act quickly due to the time constraints in which you are allowed to file an appeal following a judgment being entered against you.
An order of protection can have lifelong consequences on you. It can prevent you from certain types of employment, create a strain on family relationships, and prevent you from possessing a firearm.
If you have lost an order of protection hearing, you have a statutory right to file an appeal. Once an appeal has been filed on your behalf, a transcript of the hearing will be ordered. Our Missouri order of protection appeals lawyers will then carefully scrutinize the transcript to form the basis of our appeal. Finally, we will draft a legal brief detailing why the trial judge made the incorrect decision and subsequently argue these issues in front of the Missouri Court of Appeals judges.
At Henderson & Waterkotte, P.C., our attorneys have successfully appealed order of protection cases to the Missouri Court of Appeals and have had the orders of protection vacated. We have a track record of success in appealing cases to a higher court. Call our office today to schedule a free consultation and learn how we can help fight for you.
If you have been arrested or charged under the Missouri harassment statute, you need a knowledgeable and experienced criminal defense attorney on your side. Our St. Louis harassment criminal defense lawyers can provide you with the vigorous defense you need to combat a charge of harassment or electronic harassment. Attorney Mick Henderson, Managing Partner of Henderson & Waterkotte, P.C., is a recognized authority on the Missouri harassment statute. Not only has Mick represented individuals charged under the new Missouri statute, but he has also extensively studied, researched, and written about the new statute. One of Mick’s articles has been published in the Missouri Law Review, which is one of the oldest legal publications west of the Mississippi, first published in 1936. His article focuses on the new Missouri harassment statute and discusses recent court decisions, legislative acts, and provides an in-depth analysis of the new statute.
A person can be charged with the crime of harassment in the second degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person. Harassment in the second degree is a class A misdemeanor. If the individual’s act or actions actually cause emotional distress to another person, the charge can be elevated to a class E felony. A class E felony carries with it a maximum term of imprisonment of up to four years and/or up to a $10,000 fine.
In Missouri, a harassment charge carries the potential for significant jail time, stiff fines, and a period of probation. If you have been charged with harassment in the state of Missouri, you need a qualified and experienced criminal defense attorney to protect your rights and defend your freedom. At Henderson & Waterkotte, P.C., our St. Louis criminal defense attorneys will aggressively and effectively represent you to obtain the best possible result. We offer free consultations and are available 24/7.
If you are being served with an order of protection, it is vital that you seek aggressive and skilled representation from the outset. The lawyers at Henderson & Waterkotte, P.C. stand ready to defend your freedom. Call 314.645.4400 today to schedule a free consultation.