12 years prosecuting experience
Orders of protection, also known as restraining orders, are designed to protect families and loved ones from unstable and abusive individuals. When properly issued, these orders are often an effective way to protect yourself and your family from future harassment. Unfortunately, restraining orders are sometimes based on false accusations and used to gain advantages in legal disputes, such as child custody battles. At the Troy J. Leavitt Law Firm, LLC, our Missouri attorney has extensive experience handling orders of protection from all angles, from a family law perspective as well as a criminal defense matter. Whether you need assistance filing for an emergency order of protection, or must defend against false allegations of abuse, we provide the legal advice and resources you need to understand your options and achieve the best possible results. We represent clients in Blue Springs, Grain Valley, Lee’s Summit, Oak Grove, Independence and Kansas City, Missouri.
Under the Missouri Domestic Violence Act, the petitioner for an order of protection must be the victim of stalking or sexual assault or a domestic violence victim seeking protection from a present or former household or family member. The law defines family and/or household members as:
Both the petitioner and respondent must be at least 17 years of age or legally emancipated.
If the petitioner alleges and provides evidence that there is an immediate threat of danger, the judge may issue an ex parte order of protection. An ex parte order is based solely on the petitioner’s affidavit and issued without any notice to the respondent. The respondent may refute the allegations during a full hearing at a later date. Orders of protection have significant consequences and often prevent the respondent from going to certain locations, contacting certain individuals including children and possessing firearms. It is important to seek legal advice as soon as possible to discuss pending or issued orders of protection to ensure that your rights and liberty are protected.
If you’ve had a restraining order entered against you, you must act quickly to mitigate potential consequences to both your personal and professional life. At the Troy J. Leavitt Law Firm, LLC our family law attorney takes the time necessary to educate you about how the legal system works and provide the resources you need to make the best decisions possible for your case. To schedule a consultation at our Blue Springs office, call 813-228-6000 or contact us online.