What are the challenges of getting an order of Protection dismissed in Missouri? An Order of Protection (OP) is a legal measure to protect individuals from domestic violence or harassment in Missouri. However, obtaining an OP dismissal is a complex process that poses several challenges. For defendants, challenging an OP involves navigating through the legal system while dealing with the emotional and financial toll of the case. The first challenge is proving that the protection order was granted in error, which may involve showing a lack of evidence or demonstrating that the claims of abuse or harassment were false or exaggerated. Additionally, defendants must comply with the legal procedures and deadlines required for filing motions to dismiss, which can be intricate and time-sensitive.
Another significant obstacle is that judges often err on the side of caution when granting protection orders, and it can be difficult to reverse their decisions. The burden of proof lies with the defendant, who must provide compelling evidence that the order is unnecessary or unjustified. Emotional factors, such as the victim’s testimony, may also influence the court's decision. As a result, the process of getting an OP dismissed is both legally challenging and emotionally taxing for all parties involved. Legal representation is critical in such cases to ensure that the defendant's rights are adequately protected.
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Combs Waterkotte is a leading criminal defense and Order of Protection defense law firm serving St. Louis and the entire state of Missouri. Our Ex Parte defense attorneys will fight for your freedom and rights and will not stop until you get justice. Our exceptional record and over 350 reviews speak for themselves. If you have been served with an order of protection in St. Louis or within Missouri, we can help.
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