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Domestic Violence Lawyer Near Me

Domestic Violence Lawyer Near Me

Domestic Violence Lawyer Near Me

Domestic violence can cause irreparable harm in dating relationships and marriages, and it can result in trauma for children living in the household or minor children from the relationship. Whether you have questions about how domestic violence could affect a child custody case or you need assistance seeking help with a domestic violence situation, an experienced attorney can help you. Scott A. Hamblin can assist you with the process of seeking an order of protection or handling domestic violence in relation to a child custody case. When you are searching for a “domestic violence lawyer near me,” you should know that Scott A. Hamblin is dedicated to serving clients in Missouri and can begin working with you on your case today.

Defining Domestic Violence in Missouri

What is domestic violence under Missouri law? According to the Missouri Domestic Violence Act, domestic violence includes acts of “abuse or stalking committed by a family or household member.” Missouri law defines abuse as “acts, attempts or threats of assault, battery, coercion, harassment, sexual assault, and unlawful imprisonment.” More specifically, abuse that is classified as domestic violence can include:

  • Abusing a pet;
  • Assault, which involves purposely or knowingly placing another person in fear of physical harm;
  • Battery, which involves purposes or knowingly causing physical harm;
  • Coercion, or compelling a person to engage in conduct by force or threat;
  • Harassment, which involves “more than one incident that alarms or causes distress to another person and serves no legitimate purpose”;
  • Sexual assault, which involves attempting or causing another person to engage in a sexual act by force, threat, or otherwise without consent; and
  • Unlawful imprisonment, or confining or holding or otherwise detaining a person against their will.

Domestic violence also includes stalking, which Missouri law defines as engaging in “an unwanted course of conduct that causes alarm to another person.” The law more precisely defines alarm as “causing “fear of danger of physical harm.”

Orders of Protection in Missouri Near Me

If you have been the victim of domestic violence, or if you are currently in fear for your safety, you may be able to seek an order of protection. Missouri law defines an order of protection as “an order issued by a Missouri court pursuant to the Domestic Violence Act that restrains a person from abusing, stalking, sexually assaulting, or harassing another person.” If you are able to obtain an order of protection, the respondent can face criminal consequences if they violate the order of protection. There are two general types of orders of protection for domestic violence in Missouri:

  • Ex Parte order, which is a temporary order; and
  • Full order of protection, which is issued after a hearing and will last usually for 180 days or up to one year.

It is important to know that orders of protection, and allegations of domestic violence, can affect child custody cases. While Missouri courts begin from the presumption that joint custody is appropriate so that children can have relationships with both parents, the existence of domestic violence can change that presumption.

Contact a Missouri Domestic Violence Attorney Near Me

Do you have questions or need help with a domestic violence case? An experienced domestic violence lawyer near you can assist you. Contact Scott A. Hamblin today for more information.

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