Orders of Protection

St. Louis Criminal Defense Lawyers for Protective Order Violations

Protective orders in Missouri protect victims of domestic violence, sexual assault, stalking, and other crimes from their alleged abusers or attackers. A conviction for violating these orders carries significant penalties, including jail time and heavy fines. Those convicted of violating a protective order could also face disastrous consequences in child custody disputes and other family law issues. If someone has accused you of violating a protective order, it’s crucial to hire a capable attorney immediately.

At Richard H. Sindel, Inc., our St. Louis domestic violence defense lawyers understand the consequences of violating a protective order and your need for a robust defense if you’ve been accused of doing so. Our attorneys can explain how protective orders work, represent you in any hearings related to a protective order, and help you challenge an unlawful order against you. Our team’s experience with complex, high-profile cases makes us well-suited to handle your case and help you avoid further legal trouble. Call (314) 721-7113 now or complete our contact form for a free consultation.

Why Choose Our St. Louis Criminal Defense Attorneys?

Criminal cases related to orders of protection are complicated and emotionally charged, as they often involve allegations of violent or threatening behavior by a family member or dating partner. Because these cases are so fraught and complex, skilled legal representation is crucial for protecting your rights and interests. Here are a few reasons to choose our St. Louis criminal defense lawyers for your case:

  • Extensive Experience: With decades of practice, our attorneys have a deep understanding of Missouri’s criminal laws, including those related to protective orders. We know exactly what’s required to obtain a protective order and what constitutes a violation, which helps us protect your rights and freedom against unfounded allegations.
  • Recognized Excellence: Richard H. Sindel has been selected as a top-rated criminal defense attorney in St. Louis for 2024 by Super Lawyers, marking the 20th consecutive year he has earned this distinction. Being named by Super Lawyers reflects our firm’s consistent commitment to our clients and achieving positive results.
  • Comprehensive Defense Strategies: We analyze each case to develop tailored defense strategies and help you reach the best possible outcome. We won’t ask you to plead guilty simply because it’s the fastest or “easiest” method to resolve your case.
  • Client-Centered Approach: Our firm prioritizes clear communication and personalized attention. We guide our clients through the legal process with compassion and respect to make your case as painless as possible.
  • Proven Track Record: Our attorneys have successfully defended clients in complex criminal cases, including multiple death penalty cases. Our results in these cases demonstrate our dedication and skill in high-stakes situations.
  • Strong Community Presence: Serving the St. Louis area since 1937, our firm has built a solid reputation for defending clients’ rights and upholding justice. People know to call us when they need a reliable defense attorney.
  • Holistic Legal Support: Beyond criminal defense, we offer assistance in related legal matters, providing comprehensive support to address all client concerns. You’re more than just a case file to us; we’re your allies in your pursuit of justice.
  • Accessible Services: We offer free initial consultations for clients facing criminal charges, making it easy for you to discuss your case and understand your legal options. If you have limited resources, we can work with you to provide quality representation without breaking your budget.
  • Continuous Learning: Our team stays updated on legal developments to provide informed and effective representation for our clients, meaning a new law or court ruling won’t derail your case or cause delays.

How Protective Orders in Missouri Work

Protective orders in Missouri are legal tools to protect individuals from harassment, stalking, or abuse. Often referred to as restraining orders, they can prohibit contact between the person requesting protection (the petitioner) and the person accused of harmful behavior (the respondent).

Steps to Obtain a Protective Order

In Missouri, the basic steps to obtain a protective order are:

  • Filing a Petition – The petitioner files paperwork at their local courthouse. This petition includes details about the alleged abuse, harassment, or stalking and why protection is needed.
  • Temporary (Ex Parte) Protective Order – A judge reviews the petition and may issue a temporary protective order if they believe the petitioner is in immediate danger. Temporary orders generally last up to 15 days. A full hearing or valid continuance is required to maintain the order.
  • Full Court Hearing – Both the petitioner and respondent have a chance to present evidence and testify before a judge. The respondent can respond to and defend themself against the petitioner’s claims.
  • Issuing a Permanent Protective Order – If the judge finds sufficient evidence, they issue a permanent protective order. These orders typically last up to one year but may be extended for additional years if the court decides it’s necessary.
  • Order Enforcement and Violation Consequences – Once issued, a protective order has the force of law. If the respondent violates it, they can face criminal charges, fines, or jail time.

What Protective Orders Can Do

Some provisions that a Missouri protective order can include are:

  • Prohibiting the respondent from contacting or harassing the petitioner
  • Requiring the respondent to stay a certain distance away from the petitioner’s home, workplace, or school
  • Removing the respondent from a shared residence
  • Granting temporary custody of children to the petitioner
  • Ordering the respondent to surrender their firearms

Penalties for Violating Protective Order in St. Louis

Per Missouri law, violating a protective order is usually a Class A Misdemeanor. Penalties for Class A misdemeanors in Missouri include up to one year in jail and a fine of up to $2,000. However, repeated violations of a protective order escalate the charge to a Class E felony. Class E felonies in Missouri carry much harsher penalties than misdemeanors, including up to four years in prison.

How We Can Help If Someone Files for or Has a Protective Order Against You

Protective orders can impact your freedom, relationships, and even your employment, so it’s vital to respond quickly and strategically. If someone is seeking a protective order against you but hasn’t received it yet, we can help you understand your rights and options. Our attorneys can review the petition, identify weaknesses in the claims, and gather evidence to support your case. Whether it’s witness testimony, electronic records, or other proof, we will build a strong argument to defend you at the court hearing for the full protective order. Our goal is to protect your reputation and prevent the court from issuing an unnecessary or unfair order.

If the police have accused you of violating an existing protective order, the stakes are even higher. We can carefully review the circumstances of the alleged violation and investigate whether it was accidental, a misunderstanding, or even a false accusation. Our team can make sure the court hears your side of the story while working to minimize the impact of the accusation.

Throughout the process, we provide honest, straightforward advice to help you make informed decisions. We’ll also handle communication with the courts and opposing parties to reduce stress and prevent you from unintentionally harming your case.

Contact a St. Louis Protective Order Violations Attorney Now

At Richard H. Sindel, Inc., we understand how protective order cases can disrupt your life. With our experience in Missouri’s criminal courts, we can guard your rights, work to clear your name, and help you move forward. Call us at (314) 722-7113 or complete our contact form for a free consultation.