You never know what may happen in life, people are unpredictable and you have the right to protect yourself and feel safe. Have you ever been stalked by someone or just constantly bothered by a complete stranger? You should not have to deal with that sort of thing and you DON’T have to. Deputy & Mizell understands that and wants to help. There are certain legal steps you can take and our experienced lawyers at the Lake of the Ozarks are here to tell you about one legal step, in particular, that may help with these sort of situations. Here is some detailed information about restraining orders (orders of protection) and how they can help you if you find yourself in a situation that involves someone harming, threatening, or intimidating you or your minor child.
Restraining Order (Order of Protection) FAQ’s
What is an order of protection?
An order of protection , otherwise known as a restraining order, is a court form signed by a judge that orders a person to stop harming, threatening, or intimidating you or your minor child.
What types of conduct can order of protection stop an abuse from doing?
An order of protection can stop someone from:
- causing physical harm
- threatening to cause physical harm
- forcing someone to do something they don’t want to do
- engaging in harassment that causes someone significant emotional distress on more than one occasion
- confining or holding someone against their will
- repeatedly stalking someone or causing them to be afraid, intimidating or emotionally distressed, and sexually assaulting someone
It can also stop an abuser from physically, sexually, or emotionally abusing a child.
Who can file a Petition to receive an order of protection?
You must be at least 17 years or old or be emancipated in order to file a petition for an order of protection.
What will happen if I file my Petition?
The clerk can give your Petition to a judge and the judge may sign an Ex Parte (temporary) Order if the judge finds there is an immediate danger of abuse against you. The clerk will have a law enforcement officer give your abuser copies of the Ex Parte Order and the Petition you filed, if the judge enters an Ex Parte Order. Regardless if an Ex Parte is issued, the judge can have a hearing within 15 days to decide whether a full order of protection should be issued. From there:
- the clerk can tell you when your hearing will be (date/time)
- you must attend this hearing
- you should bring any witnesses, documents, photos, or other evidence of the abuse with you the hearing
- your Petition for order of protection will be dismissed, if you do not attend this hearing
How soon can I get a temporary or Ex Parte order?
Your petition can be presented to a judge immediately after filing, your Ex Parte would typically be entered the same that the Petition is filed.
What are some things I can do to prepare for the hearing?
Here are few things you can do to prepare for your hearing:
- Remind yourself of what you alleged in your petition
- Prepare your evidence of the abuse or stalking that you described in your petition
- Anticipate any questions the opposing side may ask you on cross-examination
Just keep in mind, the most important part of your entire case will be your ability to communicate that you feel fear toward toward the person you are seeking a restraining order against. Show how you feel threatened by your abuser.
In Need of Experienced Legal Representation at the Lake of the Ozarks You Can Trust?
We are much more than a general practice law firm in the Lake of the Ozarks area. We are a group of highly skilled and respected attorneys who focus on specific areas of the law. When you hire our firm, you get the benefit of our entire team’s collective experience. We examine cases from a variety of perspectives and develop innovative solutions to resolve our clients’ legal issues in the most beneficial manner possible. Call one of our offices today for a free consultation.
Contact Deputy & Mizell, LLC to schedule your private (FREE) consultation today.
Representing Clients Across the Lake of the Ozarks Region
Lebanon: 417-532-2191 Facebook
Camdenton: 573-346-9990 Twitter
Eldon: 573-227-3788 Google+