Fight Restraining Orders in Other States

Fight Back Now!

Even if a Missouri Ex Parte Order of Protection is entered against you, YOU CAN STILL WIN IN COURT!

But, if you do nothing, you will lose.

Dear Friend,

     I practiced law in Missouri for many years and represented literally hundreds of people in order of protection (restraining order) cases. Needless to say, during this time I learned a few tricks about these cases and I learned several strategies on how to win in court.  Just as importantly, I learned what not to do.  I have now taken all of the experience and knowledge that I gained and put it into an easy-to-use defense guide called Fight Back Now. This guide will take you step-by-step through the process of defending and winning your restraining order case in court.

       Many people believe that it doesn’t really matter if an order of protection is entered against them.  These people are wrong.  It does matter in a lot of ways that they may not understand.  Let me list just a few:

  1. An order of protection is a public record.  As a public record, anyone can see it.  Your employer can see it.  Your neighbors can see it.  Your pastor can see it.  Your friends can see it.  It can destroy your name.  These cases have destroyed people’s careers and personal relationships.  If you want to date someone in the future, that person might run a background check and see that an order of protection was entered against you.
  2. When an order of protection is entered against you, you lose your right to possess a firearm under federal law.  You will not be able to possess any kind of firearm, even to go hunting.
  3. An order of protection can cause someone to lose custody of a child and even be the basis for getting supervised visitation.
  4. An order of protection will cause the police to view you differently.  For example, when a person with an order or protection against him gets pulled over for speeding, he is much less likely to get off with a warning.

     Do not make the mistake of rolling over and letting an order of protection be entered against you.  There is no reason to not fight the case and do everything you can to prevent it from being entered.  You have nothing to lose by fighting your case and a lot to gain.  If you do nothing, an order will be entered by default.  The judge does not even have to ask the petitioner any questions.  He can simply enter the order.  Don’t let this happen to you.  Fight your case the right way and win it.  Fight Back Now will show you how.

     I have critics that accuse me of giving too much information and protecting wife-beaters.  They ask, “How could you be cruel enough to put this defense guide in the hands of people that will use it to prevent a judge from entering a protection order?”  Let me explain why.  The order of protection law has been the most abused law in Missouri since the law was passed.  In many courts across our state a person needs to merely fill out a petition for an ex parte order and a judge will blindly sign the order and, if the respondent has not shelled out hundreds of dollars for a lawyer or has not fully prepared his own legal defense, the judge will blindly enter a full order of protection against him or her.  This very common practice destroys the reputation and lives of many innocent people.

     Some of my critics say, “No one would ask for an order of protection if he or she didn’t really need one.”  Well, first, the law does not say that a person is entitled to an order of protection because they feel like they really need one.  There are specific legal requirements that must be met.

     Second, there are a lot of reasons why people request orders of protection when they do not need one and are not entitled to one.  For example, many people use the order of protection law to gain an advantage in a divorce case, especially when children are involved.  It is much more difficult for a divorce court judge to grant custody or visitation to a person that has an order of protection against him.  People also request orders of protection as a way of exacting revenge by destroying the reputation of the accused.  These are improper uses of the ex parte order of protection law and my defense guide will give the accused the information he needs to win in court.

     Fight Back Now contains over 200 pages of detailed information that will give you everything you need to win your case in an easy step-by-step guide.  You will get a copy of the law with a complete explanation in layman's terms.  You will get a synopsis of every Missouri adult order of protection case.  Most importantly you will get the motions you can file to get your case dismissed.  You are also going to get motions that you can file to get your case postponed and even a motion to file that can make the accuser go back and re-write the entire petition.

     Fight Back Now will provide you with winning strategies.  You are going to learn exactly what to do and when to do it.  Do not try to fight your case without using Fight Back Now as your guide through the court process.

     Your hearing date has already been set. If you are going to win, you need to start working on your defense now.

     You can have the electronic version of Fight Back Now on your computer within minutes at a reduced rate. I have sold many copies of Fight Back Now for $59.95; however, for a short time only, I am reducing the price to $39.95 because I want to help as many people as possible.

Download Immediately!

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J.S. in Columbia, MO writes, "My ex kicked me out and filed for an ex parte. With the help of Fight Back Now, I was able to get the hearing continued twice and then dismissed by filing a motion. Thanks for writing Fight Back Now."

K.M. in Rolla, MO writes, "My ex-girlfriend hired a lawyer and filed an ex parte against me. I wasn't able to get any of my stuff out of the house and the police told me to hire a lawyer. I didn't have the money for a lawyer, but after reading Fight Back Now, I was able to represent myself in court. I got all of my stuff back and got my ex to dismiss her case."

Jim in Kansas City, MO writes, "Fight Back Now worked for me. Thanks."

I want everyone that reads this website to know that I take domestic violence very seriously. I want everyone to know that even though I am helping respondents win their order of protection cases, I do care about domestic violence. Click here to find out what you can do in your community to help in the fight against domestic violence.

Fight Back Now:

A Defense Guide to Missouri Orders of Protection

Table of Contents.

Section I: Introduction………………………………………………………………1

The Basics of a Missouri Order of Protection

Using this Manual

Basic Vocabulary

Section II: The Adult Abuse Act and The Case Law………………………………6

The Adult Abuse Act

The Cases

Commentary

Section III: The Relief Available in an Order of Protection……………………52

The Basic Relief

Requests for Additional Relief

Maintenance, Rent, and Mortgage Payments

Personal Property

Transfer of Jointly Owned Property

Medical Bills

Domestic Violence Shelter Expenses

Batterer’s Counseling

Attorney Fees, Guardian ad Litem Fees and Court Costs

Qualified Children

Current Custody Orders

Child Custody Jurisdiction

Child Custody; Visitation; Support

The Guardian ad Litem

Section IV: The Motion to Dismiss and The Motion for a More Definite

Statement…………………………………………………………………………79

Personal Jurisdiction

Service of Process and Time Requirement for Service of Process

Proper County (Venue)

Age of Parties and Emancipation

Relationship of Parties

Stalking

Abuse

Motion for More Definite Statement

Section V: The Rules of Evidence and Self-Incrimination……………………….94

Relevance

Hearsay

Questions that call for Narration

How to Object

Right to No Self-Incrimination

Section VI: Preparing the Evidence……………………………………………101

Motion to Continue

Police Reports

Petitioner’s Witnesses

Respondent’s Witnesses and Subpoenas

Consent Orders

Visitation and Child Support

Section VII: Courtroom Etiquette and the Hearing Procedure…………………118

Dress and Personal Appearance

Courtroom Demeanor

Pending Motions

The Hearing Procedure

Section VIII: Post-Hearing Matters……………………………………..………122

After the Hearing

Motion to Modify

Termination of the Order

Final Warnings

Appendices………………………………………………………………………125

A. Forms

B. Adult Abuse Act

C. Maintenance Law from the Divorce Statute

D. Child Custody Law from the Divorce Statute

E. Child Support Form 14 and Instructions

F. Federal Firearm Law

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FAQ's

What is an Order of Protection?

An Order of Protection is a court order prohibiting a person from abusing, threatening to abuse, or disturbing the peace of another person.  An Order of Protection may also contain provisions that order the respondent out of a mutually occupied home; award custody of children; award child support; and even order the respondent to pay monthly maintenance to the petitioner.  The violation of the order could be a crime or could be punishable by civil contempt proceedings.  An Ex Parte Order is an order that is entered before a hearing and usually without the respondent knowing anything about the order.  A Full Order is an order that is entered after a hearing or the opportunity to have a hearing.

Who is the Petitioner?

The Petitioner is the person that is requesting an order of protection.

Who is the Respondent?

The Respondent is the person that the order is requested against.

How can this manual help me?

The manual will provide you with details of the law, including the legal requirements for a person to win an order.  Many many times orders of protection are entered when they should not be. This manual can help you know what the law requires and how to let the judge know what really happened.

What will happen if I do not do anything?

You will likely lose by default.  However, if you try, you may very well win. If you do nothing, you will almost certainly lose.

Can I really win the case?

Many respondents win when they know how to fight in court.  However, if you do not try, it is very unlikely you will win.

If there is an order of protection against me, is it illegal for me to possess a gun?

There is a federal law that makes possession of a firearm by anyone with a Full Order of Protection against him a crime.

Don't I have a right to a hearing before a full order is entered?

Every respondent has a right to a hearing.  Hearings procedures can be technical; therefore, it is important to know how to conduct a hearing before going to court.

Do I need an attorney?

This is only a question that you can answer.  Most people represent themselves in order of protection cases.  

Can I represent myself?

Everyone has the right to represent himself in court.  However, it is wise to learn what the law is and how to proceed in court before attempting to do so.

Should I fight the order of protection case?

Only if you want to win.

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Thank you for your interest.