Festus, MO, Order of Protection Defense Attorneys Fighting for Your Rights
Being served with a restraining order by a partner or loved one can feel like a devastating betrayal. It becomes even more hurtful when you feel that there were no grounds for the action. Instead of continuing to agonize about the possibilities, you can take action and fight the order.
First, you need to find a protection order defense attorney in Jefferson County, MO, to defend you immediately. A defense attorney is a much better alternative than trying to fight by yourself.
Most importantly, you need someone on your side that can speak for you because you must resist the urge to confront the partner or loved one responsible for getting the order. If you do that, you are breaking the restraining order.
Contact Grafe & Batchelor Attorneys at Law today at 636-933-9151 to schedule a free consultation regarding the restraining order.
What is an Order of Protection?
An order of protection is often issued by a court, in conjunction with a law enforcement agency, mandating that one party stay away from the plaintiff.
It is also called a restraining order, and it is often awarded to people who seek protection from domestic violence and/or abuse. People who are dealing with stalkers, harassment, and threats can also request these from the court.
Most of the time, when these are requested and issued, it is done on the grounds that the court believes the petitioner to be in a genuine threat of danger. While someone may not go to jail just because they have a protective order issued against them, the reality is that it can and does affect many other aspects of their lives.
For example, should someone have a restraining order issued against them during a divorce, it could negatively impact the case, and possibly set a precedent for child custody and visitation agreements after the divorce case is finalized.
There are usually two key components to every order of protection:
- The accused party
- The behavior
The accused party is generally someone known by the accuser or it could be a stranger who has become a harasser, a stalker, or someone accused of sexual assault.
For an order of protection to be granted, the accused party’s behavior almost always needs to contain some form of harassment, stalking, domestic violence, or sexual assault.
How Much Evidence is Necessary Before the Court Issues a Restraining Order in Missouri?
The courts do not need an overwhelming amount of evidence before granting the order of protection. Deciding parties only need to believe that there’s a better than half (or 51 percent) chance of the accusation being true. This is known as a “preponderance of evidence” in cases like this.
While there is frequently a real need for an order of protection in cases of domestic violence, the reality is that many people misuse and abuse the order. This can be common in cases with alleged stalking. Many petitioners seek this order as a means of retaliation against another person with whom they’re in the midst of a disagreement or fight.
While it could be seen by some as a harmless act, it can be damaging to the recipient because a restraining order on your record can have a negative affect on you in the future.
That’s why you cannot take this accusation lightly. If there were no valid grounds for seeking a restraining order against you, we can help you fight it in court.
Is an Order of Protection Just for Adults?
In short, no. There’s a relatively new practice of using an order of protection to protect children. This is increasing in demand for parents who want to protect their children from the harmful effects of bullying.
That begs the question: can a parent get an order of protection that stops another child from bullying your child? Yes, you can, and it doesn’t just stop at physical bullying.
A restraining order can also be issued in cases of online bullying, too. Because this is such a delicate area, dealing with it requires the knowledge of experienced attorneys like Grafe & Batchelor Attorneys at Law.
When you’ve done all you can to protect your child from incessant bullying and it still persists, then a restraining order issued against the bullies (and frequently served against their parents or guardians as well) can be a viable and effective solution.
What Can You Do if You’ve Been Served With an Order of Protection?
Considering the impact a restraining order can have on your reputation, it is imperative to understand all the elements involved in the issuing of protection orders in Missouri.
Every case is different, and the best way to get a full understanding of the intricacies often entangled in an order of protection is to hire a competent and highly skilled order of protection defense attorney. At Grafe & Batchelor Attorneys at Law, we have a great deal of experience defending and preparing orders of protection.
We can help you. Call us today at 636-933-9151 to schedule a free consultation.