Creve Coeur & O’Fallon, MO Restraining Order Attorneys
Domestic violence is an ugly and unfortunate reality. Spouses, partners, family members – all can become potential victims or perpetrators of domestic abuse. A person in fear of imminent physical harm has a legal remedy called an Order of Protection, sometimes known as a Restraining Order.
A person who has been a victim of domestic abuse and worries about its recurrence can go the courthouse and complete an Ex Parte Petition for an Order of Protection. The court reviews the allegations of abuse without the alleged perpetrator having an opportunity to respond. If the court finds the allegations credible and the risk of harm sufficiently high, the court will issue the Ex Parte Order of Protection, which gives immediate relief to the victim of abuse and may require the alleged perpetrator to vacate the residence and have no contact with the victim.
After the issuance of an Ex Parte Order of Protection, the trial court sets a hearing within ten days to give the alleged perpetrator a chance to appear and offer a defense. After the hearing, the trial court will either extinguish the Order of Protection, finding it without grounds, or make the Order of Protection permanent, finding sufficient grounds for protection. The Order of Protection can extend for a full year and contain a variety of conditions designed for the safety of all potential targets of violence, including altering an existing custodial arrangement.
Whether the victim of abuse of the alleged perpetrator of abuse, you should have representation during this process. For the victim, the biggest fear is that you will have made a complaint but failed to prove your case, leaving you even more at risk for future violence. For the alleged perpetrator, the biggest fear is being falsely labeled an abuser and having your custodial rights restricted in any way, or even charged with a criminal offense. Only skilled counsel can protect and assert your rights during these proceedings, which often happen with little time to prepare and emotions remaining hot.
Another sad truth about orders of protection is that individuals will seek them out, often without adequate grounds, simply as a way to get a perceived advantage in a divorce, legal separation, paternity or custody action. If you find yourself on the receiving end of such a tactic, you need to act quickly to protect your interests on multiple fronts.
At The Marks Law Firm, L.L.C., we have over fifty years of combined experience handling cases of domestic violence, representing persons charged with abuse as well as individuals and children at risk. If you choose The Marks Law Firm, L.L.C., we will do everything we can to help address the problems at issue and help assert and protect your interests.
Time to Act
Time is of the essence. As soon as you select The Marks Law Firm, L.L.C. to represent you, we will immediately put our considerable experience and resources to work on your case. The sooner we can review the necessary information, the sooner we can formulate a strategy for your unique circumstances, helping to ensure the best possible outcome.
Contact The Marks Law Firm, L.L.C.
Send us an email or call us at 314-993-6300 for an initial consultation with one of our experienced Creve Coeur & O’Fallon, MO family law attorneys.