Skip to navigation
Experienced Legal Counsel Committed to Fighting for Your Future CONTACT ME TODAY

Fighting a Restraining Order 

Nov. 24, 2022

Restraining Order Text On Legal Document Near GavelBeing served with a restraining order can be an incredibly stressful experience. It means someone has convinced a judge that you are a danger to that person or their children.  

If you do not take action now, the consequences of a restraining order can be dire. A restraining order can affect many aspects of your life, which is why you need to know what steps to take to challenge the order. The skilled and results-driven attorney at Michael J Englert, Attorney at Law, assists clients in Missouri with fighting restraining orders. From his office in Independence, Missouri, Attorney Englert serves clients in Lee’s Summit, Blue Springs, and the rest of the state.  

Restraining Orders in Missouri   

A restraining order, which is often referred to as a protective order, is a court order that prohibits a person from doing certain things. Most restraining orders in Missouri are filed to prohibit a person from contacting another person or going near their home and work. 

Missouri law allows individuals to seek a restraining order to protect themselves from acts, threats, and attempts of sexual assault, abuse, and harassing behavior. There are two types of restraining orders in Missouri: 

  1. Ex-parte orders, which are applicable in emergency situations, are issued by the court without any input from the person against whom the order is filed (these orders are only valid until a hearing is held for a full order); and 

  1. Full orders are issued by the court after a hearing, in which both parties (the person seeking protection and the respondent) have a chance to tell their side of the story.  

When fighting a restraining order, you need to understand the type of order you are up against. There is no excuse to violate the terms of the restraining order, even if you know for a fact that the order is based on false accusations.  

Why You Should Fight a Restraining Order  

Many people treat a restraining order as a “piece of paper” that does not have a profound effect on their life. In reality, a restraining order can carry a stigma that can negatively affect many aspects of your life. Depending on the type of order that was filed against you, you could face several consequences, including: 

  • The order will be part of the public record, which means anyone can find it and read about it;  

  • You may be denied employment opportunities;  

  • If you share children with the person who filed a restraining order against you, you may not be able to see your kids;  

  • You may be prohibited from purchasing or possessing firearms; and 

  • If the protected person files criminal charges against you, you will have a criminal record. 

These are not all of the ramifications of a restraining order. Reach out to an experienced attorney who will advocate for your rights and defend you against the allegations to convince the judge to lift the order or minimize the potential consequences. 

Fighting the Restraining Order 

If you were served with a restraining order, you might wonder, “How do I fight the order?” 

  1. Contact an attorney. The first step you should take when fighting a restraining order is to contact an attorney immediately. The sooner you take this step, the sooner you can get to work on lifting the order or preventing the order from being issued in the first place. Your attorney will collect all available evidence to build a strong case and present arguments for your defense to convince the judge that a restraining order is not necessary.  

  1. Stay away from the person who filed the order. Do not attempt to reach out to the person who filed a restraining order against you in an attempt to smooth things over. Doing so may be treated as a violation of the order, which may entail serious penalties.  

  1. Challenge the order at the hearing. At the hearing, the person who filed the order submits proof and evidence to convince the judge that the order is necessary for their safety. You, as the respondent, will have a chance to tell your side of the story and challenge the order.  

  1. Appeal. Even if the court issues a restraining order, you may still have a chance to appeal the court’s decision. Seek guidance from an experienced attorney to help you appeal your case while following the terms of your restraining order.  

Having a knowledgeable attorney on your side could make all the difference when fighting a restraining order. 

Strong & Reliable Representation   

Having a restraining order filed against you is a serious matter. Contact Michael J Englert, Attorney at Law to help with your case. Attorney Englert provides strong and reliable representation to people facing restraining orders in Independence, Missouri, and surrounding areas. Schedule a free, confidential consultation with Attorney Englert today to discuss the details of your case.