n accusation of violating an ex parte or full order of protection can lead to immediate arrest and serious criminal consequences. An ex parte order is a temporary protection order that may be issued before both sides have had a full court hearing. These cases may involve allegations of abuse, stalking, prohibited communication, child custody violations, or entering a protected person’s residence.
Holder Susan Slusher LLC represents clients in Columbia and throughout Missouri in criminal defense matters involving protective order violations. Our attorneys bring decades of experience to cases where a person’s rights, record, and future may be at risk. If an ex parte violation has been alleged, legal guidance can help clarify the charge, the terms of the order, and the options available.
What Is An Ex Parte Violation?
An ex parte order of protection may restrict contact, communication, access to a residence, child custody arrangements, or other conduct involving the person who requested protection. A full order of protection may be entered later, following further court proceedings.
A violation may be alleged when the respondent, meaning the person the order is against, is accused of violating the terms and conditions of an ex parte or full order of protection. The petitioner is the person who requested the order. These allegations may involve:
- Abuse
- Stalking
- Communication initiated by the respondent
- Entrance upon the petitioner’s dwelling unit
- Child custody-related restrictions
- Other conduct prohibited by the order
Because every order can contain different terms, it is important to review the actual language of the order before deciding what the case involves. A misunderstanding, unclear communication, or disputed account of events may become central to the defense.
Arrests For Protective Order Violations
When a law enforcement officer believes there is probable cause that a person with notice of an order has committed an act of abuse in violation of that order, the officer is required to arrest the offending party. In this context, “notice” generally means that the person knew about the order or had been given a copy of it.
Missouri law also states that when both parties claim to have been assaulted, the officer is not required to arrest both parties. Instead, the officer must identify and arrest the person believed to be the primary physical aggressor. This means the most significant aggressor, not necessarily the first person to act.
Penalties For Violating An Order Of Protection
A first violation of an ex parte or full order of protection may be charged as a class A misdemeanor. If the person has pleaded guilty to, or been found guilty of, violating an ex parte or full order of protection within the past five years, a subsequent violation may be charged as a class D felony.
A protective order can also affect firearm possession during the term of the order. A conviction for violating an order of protection may also affect firearm rights or the ability to obtain a concealed carry permit. This means a person should take the terms of the order seriously, even if the contact was brief, indirect, or based on a misunderstanding.
Frequently Asked Questions
Why Choose Holder Susan Slusher LLC For Ex Parte Violation Defense?
Holder Susan Slusher LLC brings more than 20 years of experience to criminal defense and serious legal matters throughout Missouri.
Mike Holder, Chris Slusher, and Bogdan Susan each offer substantial litigation experience, with the firm having successfully represented thousands of clients in a variety of case types. Chris Slusher has tried more than 60 jury trials in state and federal courtrooms and has experience in serious criminal defense matters, appeals, and high-profile cases. Bogdan Susan focuses on criminal defense and DWI defense, with direct client communication and hands-on case preparation.
In protective order violation cases, these credentials matter because the defense may depend on a careful review of notices, police reports, witness statements, court orders, and the state’s ability to prove a violation.
Ex Parte Violation Defense In Columbia, MO
An accusation involving an ex parte or full order of protection should be addressed quickly and carefully. Holder Susan Slusher LLC helps clients in Columbia and throughout Missouri respond to allegations of protective order violations.
To discuss a case and schedule a consultation, contact Holder Susan Slusher LLC online or call 888-264-4714. Early legal guidance can help clarify the order, review the evidence, and determine the next step forward.