Violation of Order of Protection Lawyer in Kansas City

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An order of protection, commonly known as a restraining order, is a legal tool designed to safeguard individuals from harassment, abuse, or threats. Understanding the gravity of violating such an order is crucial due to its severe consequences.

This article aims to provide detailed insights into what orders of protection entail, the legal repercussions of their violation, and the importance of seeking professional legal assistance when facing related allegations.

What is an Order of Protection?

An order of protection is a court-issued directive to prevent an individual from engaging in specific behaviors that threaten another person’s safety. These orders are essential in cases involving domestic violence, stalking, or harassment. Orders of protection in Kansas City can be categorized into three main types:

Emergency Orders: Issued without the presence of the alleged abuser (ex-parte orders), these orders provide immediate short-term protection until a formal court hearing can be scheduled.

Temporary Orders: Granted after an initial review, these orders offer protection during the interim period leading up to the final hearing, typically lasting for a few weeks.

Permanent Orders: Issued following a comprehensive court hearing where both parties present evidence, these orders can extend for several years depending on the circumstances.

Law Governing Violation of Protection Orders in MO

Orders of arrest and penalties for violating protection orders in Missouri are provided under MO Revised Statute 455.085. Law enforcement officers are mandated to arrest anyone when they have probable cause to believe that a person has violated a protection order.

Violation of a term or condition of an ex parte order of protection which the respondent has notice of is a Class A misdemeanor unless they have been found guilty of a violation of protection orders within five years of the date of the current case, in which case it is a class E felony.

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A party is deemed to have notice of an order of protection if the law enforcement officer responding to a call of a violation of an order of protection presents a copy of the order of protection to the respondent or when notice has been given by actual communication to the respondent in a manner reasonably likely to advise the respondent.

Consequences of Violating an Order of Protection

Violating an order of protection has significant legal ramifications in Kansas City and can result in severe penalties. In MO, the penalties for violating an order of protection vary based on the nature and severity of the violation.

Misdemeanors: A first-time protection order violation may result in class A misdemeanor charges. The penalty is a fine of up to $2,000 and/or up to one year of jail time.

Felonies: If you have been convicted of a similar charge of violation of orders of protection within five years of the date of the current case, the offense is considered a class E felony with a penalty of up to 5 years in prison.

With such harsh penalties, it is important that you talk to a seasoned Kansas City criminal defense attorney for expert legal advice and representation.

Legal Ramifications on Personal Records and Future Opportunities

Beyond immediate penalties, a conviction for violating an order of protection can have long-lasting impacts. A conviction will be reflected in your criminal record, potentially affecting future employment, housing opportunities, and more. Additional legal restrictions, such as limitations on firearm ownership, may be imposed.

Defending Against Violation of Protection Orders Charges in KC

Facing allegations of violating an order of protection requires a thorough understanding of potential defenses and the support of an experienced criminal defense attorney. Common defenses for violation of protection orders include:

Lack of Intent: Demonstrating that the violation was accidental or unintentional. This could involve proving that any contact was coincidental, such as running into the protected individual in a public place without prior knowledge they would be there.

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False Accusations: Your KC criminal defense lawyer can show that the allegations are unfounded. This defense may involve providing evidence that the protected person fabricated the incident due to personal motives, such as revenge or manipulation. It can also include presenting alibis, witness testimonies, or electronic records contradicting the accuser’s claims, thereby proving that the violation did not occur as alleged.

Insufficient Evidence: This defense strategy entails arguing that there is not enough concrete evidence to support the claim. This can involve highlighting inconsistencies in the accuser’s testimony, demonstrating the lack of physical evidence or corroborating witnesses, and questioning the reliability of any presented evidence, thereby creating reasonable doubt about the alleged violation.

Mistaken Identity: Your criminal defense lawyer at KC Defense Counsel can also help prove that you were not the individual who violated the order. This defense can involve presenting alibis, surveillance footage, or eyewitness testimonies that demonstrate you were elsewhere at the time of the alleged violation, thereby showing that another person was responsible.

Role of a Criminal Defense Attorney in Building a Defense Strategy

An experienced criminal defense attorney in Kansas City is vital in building a robust defense strategy for cases of violation of orders or protection. Your lawyer will help conduct a thorough investigation of the circumstances surrounding the alleged violation, gather and present evidence that supports the defense strategy, represent you in court, and negotiate with prosecutors for reduced charges or penalties.

Engaging a criminal defense lawyer can significantly influence the outcome of a violation case. A seasoned KC defense attorney will provide essential expert legal advice, helping you understand your rights and options.

The legal system’s complexities can be overwhelming. As such, an experienced criminal defense lawyer will assist you in managing legal procedures, paperwork, and deadlines, enhancing the likelihood of a favorable outcome.

Talk to KC Criminal Defense Lawyers Today

Adhering to an order of protection is crucial to avoid severe legal consequences. If you are facing allegations of violating such an order, it is essential to seek legal assistance.

If you or someone you know is facing an order of protection violation charge, contact KC Defense Counsel to book a free consultation. Our experienced attorneys can help you navigate your legal challenges and work toward a favorable resolution. Call us today at 816-287-3787 for further inquiries.