This session will examine the statute, including the factors the circuit court must consider when determining if an extended order of protection is warranted. Specifically, the session will include a discussion of KES v. SRS and other relevant case law to examine how the courts are interpreting these factors, as well as strategies on how to successfully seek an extended order and, importantly, how to defend one. Given the collateral consequences of an order of protection and the often-accompanying criminal case, lawyers and their clients may need to alter the conventional defense in an order of protection trial to protect the client's interests in cases where any criminal punishment may last for a shorter period than the extended order of protection. Finally, the session will include a short discussion on proper issue preservation for appeal. Audience participation and idea collaboration are encouraged.
Learning objectives:
Speaker: Nina McDonnell, McDonnell Appeals, LLC, Clayton
Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.