A Protective Order in Tulsa is a quasi-criminal proceeding the state’s Protection from Domestic Abuse Act establishes. The intent of a Protective Order in Tulsa is to serve as a deterrent. It deters from continued behavior involving domestic abuse, stalking, harassment and rape. While there is an order of protection in place this isn’t a guarantee that the defendant will not harm you, but, once they are served with the Protective Order any violations becomes a criminal matter.
Getting a Protective Order in Tulsa
Protective Orders are issued in two stages. First is the Emergency Protective Order stage, where the plaintiff (the individual asking for protection) petition’s the court for the Protective Order. They will need to complete the petition and associated paperwork. This sets out the incident that involved abuse, harassment or stalking. But, if the individuals are not in a domestic relationship, the plaintiff will need to first file a police report regarding the incident. Upon issuance of the Emergency Protective Order, the sheriff’s department then serves the defendant. Next a hearing sets two weeks out in regards to why the Protective Order should continue.
Oklahoma Protective Order Attorneys
While an attorney is not necessary for the initial petition, one is helpful. Especially, for the hearing stage where presentation of evidence and testimony may occur. If after the hearing the Protective Order issues, it will be on the defendant’s record on a permanent basis. The court may, through a Protective Order, restrict the defendant’s access to firearms or have them surrendered to law enforcement and may award fines, costs and fees against the defendant.
Child Custody and Protective Orders
Minor children can temporarily be an addition to a Protective Order. However, Oklahoma Protective Order law is not there to provide a modification of custody or visitation. Should children be a part of the matter, the court will transfer the Protective Order case to an underlying family matter. The court may also require the plaintiff to initiate a family law proceeding. Judges will often require that an emergency custody proceeding be filed within a certain amount of time. If not, the protective order in regards to the minor children will dismiss. In the event that a parent has one or more protective orders issued against them this has a serious impact on their right to custody of their children in the event of the parents split up.
Tulsa Protective Order Attorneys Near You
If you need to obtain a protective order against a family member or if a protective order files against you we can help. Our attorneys have been on all sides of protective order cases. Regardless of the circumstances we’ve been there before and we want to be there for you.